Residents prosecuted for failure to respond to legal enquiries


Cambridge City Council prosecuted four residents for failure to respond to legal notices and requests of information in investigations into flytipping being carried out by the council.

Those prosecuted failed to respond to a notice issued under Section 108 of the Environmental Act 1995 and were subsequently fined.

The investigations took place between March and May for the following incidents of flytipping:

  • six black bags of household waste dumped next to a bin at Wycliffe Road
  • six plastic bags of household waste dumped on the pavement at Nuns Way
  • cardboard boxes and household waste dumped on the floor at Rachel Close
  • black sacks of waste dumped at the bin store at Barnwell Business Park.

The council wrote to suspects, raising enquiries about the fly-tipped waste. After attempts to initiate contact failed, the suspects were issued with a Section 108 notice requiring them to attend the council offices in person to answer questions about the waste.

Failure to comply with a Section 108 notice is a criminal offence, which was the case for all four residents.

Prosecution followed and all four suspects failed to attend court, where they were found guilty in their absence and ordered to pay a total of £816 (for three of the cases) and £1224 (in the other cases) in fines and costs.

Cllr Rosy Moore, Executive Councillor for Climate Action and Environment said, “Our enforcement officers carry out investigation into flytipping incidents and it is important that residents engage with us when contacted.

“We hope this serves as a reminder that it is really important to respond to legal notices, not just to help with the investigation and stop flytipping, but also because failure to respond is a criminal offence.

“The council will take action against those who obstruct our investigations to identify those responsible for flytipping offences and fail to comply with the notices served on them.”

Household waste should always be placed into the appropriate bin. If you have bulky items of waste or excess black bags of rubbish you can order a bulky waste collection, alternatively you can visit the Household Recycling Centre at Butt Lane, Milton free of charge

All cases were heard in August at Cambridge Magistrates’ Court.

Note: These offences are contained within Section 110 of the Environment Act 1995 and link back to an obstruction in replying to request made under Section 108 of the Environment Act 1995.