Boston Borough Council robustly defends fly-tipping Fixed Penalty Notice court action

A Boston County Court judge has awarded the authority £2,743.51 in costs after Mr Kevin Turner raised a county court claim against the council after he paid a £200 Fixed Penalty Notice for fly-tipping at a clothes recycling bank at Asda car park in Boston.

The process for issuing of the FPN was carried out under the provision of the Environmental Protection Act.

Mr Turner had paid the Notice, discharging his liability for the offence. Recipients of such penalty notices who feel they have been unfairly served have a right through the judicial process to have their case heard at Magistrates Court, instead of paying the FPN.

Mr Turner paid the Notice before pursuing legal action that the Council had a public duty to defend.

On the morning of the hearing on Monday, August 15, Mr Turner handed a letter to the court advising that he was discontinuing the case. The hearing went ahead in his absence and Boston Borough Council was awarded the full costs applied for.

Cllr Paul Skinner, Leader of Boston Borough Council, said: "I am pleased that the County Court Judge found in favour of the Council and awarding full costs.

"This case had already been through our own appeal process before the FPN was issued and the judge has accepted the process was correct.

"The council has a zero-tolerance approach to fly-tipping including at the bring-to sites like Asda car park. Anyone who fly-tips should expect a fixed penalty notice or follow the judicial process which is clearly communicated as part of the fine process.

"The Council is determined in our mission to robustly tackle environmental crimes such as fly-tipping and littering which our residents find so abhorrent and which blights our beautiful environment."

The court ordered for the costs to be paid within 21 days.