I have received a Fixed Penalty Notice for Unauthorised Deposit of Waste Section 33(1)(a)(d)/33ZA. Am I able to contest this FPN?

19th Jun 2018

I have a small business in Southwark. We produce very minimal waste, just the occassional cardoard box. I have recently deposited some cardboard in a council recycling bin in our area and received an FPN from the council for this. The recycling bin clearly states that cardboard is accepted. I did not know or have reason to suppose that the act of putting a cardboard box in this bin would constitute a contravention of Section 33(1)(a)(d)/33ZA as the notice states. 

Am I within my right to contest this FPN?

CATEGORY: Criminal

LOCATION: GREATER LONDON

1 answer
  • Kent Criminal Law

    Unfortunately deposititng 'trade waste' in a recipticle intended for domestic recycling  does indeed amount to the offence quoted. It seems very petty but increasingly councils are checking to make sure that commercial premises have contracts for the disposal of their waste. Not legal advice but I have arranged for the monthly collection of my recycling with a local company for £12 per collection. I think we can expect cash strapped councils to utilise all means, fair or foul, to get revenue in their coffers in the future. As usual with these things, it is usually the low hanging fruit, that will get picked.

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    Kent Criminal Law

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