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Man fined for failure in waste duty of care

News release 10370, published on 28 Apr 2023
 
A director of a roofing company who arranged for a friend to collect and dispose of roofing waste which was later dumped in Cliddesden has been ordered to pay a fine and costs of over £3,600 for failing in his duty of care.
 
Michael Pilkington, of Bawtry Road, Doncaster was prosecuted by Basingstoke and Deane Borough Council following an investigation into a fly-tipping incident at Northgate Lane, Cliddesden.
 
Pilkington appeared at Basingstoke Magistrates’ Court on 13 September 2022 where he pleaded guilty to charges of failing in his duty of care.
 
The court heard that Pilkington, who is the director of a roofing company known as MJ Roofing & Building Ltd, arranged for waste to be cleared from a customer’s home in Romford Essex without ensuring the legitimacy of the person collecting it or securing written transfer notes for its removal. The waste included roofing materials, felt, wooden batons and cardboard.
 
During a sentencing hearing held on Tuesday 25 April, Magistrates ordered Pilkington, who was not in attendance, to pay a fine of £1,760, a contribution towards the prosecution costs of £1,558 and clean-up compensation of £138 - totalling £3,632.
 
The council’s Head of Environment and Community Services Tom Payne said: “This case demonstrates that we are all responsible for what happens to our waste and to ensure those disposing of it are legitimate and doing it lawfully. It is important for businesses to understand there are extra steps they must follow as well.
 
"We know that fly-tipping is an issue that our communities feel very strongly about. In many cases we as individuals have the power to reduce incidents happening by carrying out the correct checks and using legitimate services. This conviction also sends a strong message to those people who may be tempted to engage in this kind of criminal behaviour that fly-tipping will not be tolerated.”
 
Fly-tipping offences carry a maximum sentence of five years’ imprisonment at Crown Court. Since April last year the council has convicted 10 individuals and issued 18 fixed penalty notices for fly-tipping and related waste offences, demonstrating its zero-tolerance approach to this type of environmental crime.
 
To find out more information on the correct checks to carry out when disposing of waste visit www.basingstoke.gov.uk/flytip-campaign

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