Law catches up with Hertfordshire man linked to fly-tipping in Bucks

Darren Wiltshire, 44, from Hemel Hempstead in Hertfordshire, pleaded guilty to the offence of failing in his duty of care following the transfer of waste from his control when he appeared at High Wycombe Magistrates Court on 24 May 2023.

The court heard that on 21 October 2022, a Buckinghamshire Council enforcement officer came across a pile of waste dumped illegally in a lay-by on the A412 Denham Road. Enquiries identified the source of the waste and that person, having complied with the law, was able to provide the council with the details of Mr Wiltshire who they had paid legitimately to take the waste away.

Mr Wiltshire was interviewed by an enforcement officer and admitted collecting the waste that was later found dumped. He said he had put the rubbish in the back of a van that he then sold to a third person, with the rubbish still inside. He failed to check if the new owner of the van was a registered waste carrier, and he took no precautions to prevent or deter him from fly-tipping the waste. Enquiries with the new owner of the van were at odds with Mr Wiltshire’s explanation of the matter and his liability under his ‘duty of care’ was prosecuted.

In court, magistrates fined Mr Wiltshire £603 and ordered him to pay clean-up and prosecution costs of £1,000. A victim surcharge of £41 was also levied, making a total to pay of £1,644.

Gareth Williams, Cabinet Member for Climate Change and Environment said: “This case highlights the need to identify and check the credentials of people who take your waste away and for businesses to keep accurate records of the transfer. This creates a paper trail. On this occasion the paper trail supported the waste producer and led our investigators to the waste carrier. When the waste carrier could not also show his due diligence, the responsibility remained with him, leading to a successful prosecution.”

If you spot fly-tipping anywhere in Buckinghamshire, report it online.