Fined for trying to recycle
A TEACHER was accused of fly-tipping after she left a bag of waste paper next to a recycling bin because it was full.
Vivienne Foster, 61, was warned she would be taken to court if she did not pay a fixed penalty notice or accept a formal caution, which would have remained on her record for five years.
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ACCUSED: Vivienne Foster was accused of fly-tipping after she left a bag of waste paper next to a recycling bin in Mansfield Road, Carrington. C141009JC5-3
But Nottingham City Council decided not to take any further action after being contacted by the Evening Post.
Ms Foster said she was relieved, but accused the council of being over-zealous and abusing laws intended to punish real fly-tippers.
"We are talking about a little plastic bag with pieces of paper in here, not homicide," she said.
"I'm really cross because I know worse things are happening. A friend of mine said if I had been a frail old lady it would have been the same. People have been made ill over this sort of thing, and people who are essentially law-abiding are being bullied in this way, and I think it's wrong."
Ms Foster doesn't drive, and paper is not collected for recycling in her area.
So she carried the plastic bag of paper to recycling bins near the shops in Carrington, on her way to the dentist. The four large recycling bins had been replaced with a smaller hexagonal one since she last visited, and the waste paper section was full.
She left the carrier bag to one side, intending to pick it up after her dental appointment, but forgot to do so. Ms Foster was traced because one of the pieces of paper had her address in Sherwood Rise printed on it.
Nottingham City Council sent her a letter saying an offence had been committed under section 33 of the Environmental Protection Act 1990, and requesting that she attend a formal interview.
It warned her that "failure to attend for interview or to contact me to rearrange may result in you being arrested".
She wrote a letter back, explaining what had happened. She received a second letter in response, this time saying she had committed an offence under section 87 of the Environmental Protection Act 1990.
It said that as she had "clearly admitted to the above offence", she must pay a £75 fixed penalty notice, reduced to £50 if paid within 10 days, or accept a formal caution, which would stay on her record for five years.
"Failure to do so will result in the prosecution file being forwarded to Nottingham City Council's solicitors for summons to the Magistrates' Court," the letter said.
Andy Vaughan, Director of Environmental Services at Nottingham City Council, said: "We apologise to Ms Foster for the initial treatment she received in respect of this matter and the distress this may have caused.
"After reviewing the circumstances involved, the council has decided not to take any further action. We do. however. have a commitment to become England's cleanest major city in 2011 so we will continue to catch and prosecute offenders."
caroline.lowbridge@nottinghameveningpost.co.uk












20 Comments
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by Bill Lawrenson, Keyworth
Wednesday, October 21 2009, 9:03PM
“Dave I think you just need to wake up period. One second thoughts you missed out the little green men and the Daleks.”
by Sukie, Far Away Place
Wednesday, October 21 2009, 6:14PM
“My boyfreind says what are you suposed to do take the rubbish home with you again”
by Doc, Farnborough Road
Wednesday, October 21 2009, 6:07PM
“Can you see what is happening?
They are dividing us so that we point the finger at each other and say "The Law's the Law"!
These are not criminal acts these are petty restrictions that are being added to daily in an attempt to make us accept anything that they want us to do.
It is communisn by other
means.
Just read some of these apologists and make your own decision.
They are like tale-bearing children of the nastiest type.
"I'm telling teacher!" "na na na!
What did the lady really do?
Based on degrees of culpability anyone who robs a shop should be hung if the penalty for a bag of rubbish carefully placed is a hounding by the Council and threats of fines.”
by Mr. Sensible, The Real World
Wednesday, October 21 2009, 4:10PM
“Putting your litter outside a bin is littering.
Simple!
And BTW Bobby, you are not a member of the BNP are you?
If so your comments about Nazis are actually rather ironic.”
by Sonny, South Notts
Wednesday, October 21 2009, 3:15PM
“This woman at least made the effort to recycle. It wasn't her fault the facility was full. If she had wanted to be a fly tipper she would've chucked the bag over someone's fence. Pathetic.”