Failure to pay fixed penalty notice sees fly tipper in court

Kamil Adam Chudzinski, 24, of Kimberley Close, Langley, Slough, pleaded guilty at Wycombe Magistrates Court on 9 December 2020 to an offence of dumping waste illegally.

The court heard that officers from Buckinghamshire Council had installed a surveillance camera at a fly-tipping hotspot on Wexham Park Lane, Wexham, Buckinghamshire. On Sunday 17 May 2020 this camera filmed the driver of a grey Vauxhall Vectra dumping wooden draws and television in a lay-by.

The vehicle was traced to a Kamil Chudzinski. When interviewed at Slough police station by Buckinghamshire Council investigators, Mr Chudzinski made full admissions to the officers of an offence of illegal dumping. Mr Chudzinski admitted depositing wooden draws and television – both of which could have been disposed free of charge at a household recycling centre.

Because Mr Chudzinski had no previous offences, Buckinghamshire Council officers took the option of issuing him with a Fixed Penalty Notice (FPN) instead of prosecution. It was explained to Mr Chudzinski that should the FPN be paid within the first 14 days, a reduced fine of £300 would be available to him. Failing that, if paid within 28 days, he would still be afforded the opportunity to pay a £400 fine. Critically for the defendant, payment of the FPN would have avoided court proceedings and a criminal record.

Mr Chudzinski did not pay the fine. Consequently, Buckinghamshire Council had no alternative but to prosecute, and look to accrue additional costs reflecting the FPN process as well as the investigation and clearance of the actual illegal dumping.

The Magistrates fined Kamil Chudzinski £523, and ordered him to pay clean-up and prosecution costs of £1,201. A victim surcharge of £52 was also levied – making a total to pay of £1,776.

Bill Chapple OBE, Buckinghamshire Council Cabinet Member for Environment and Climate Change said: “Because this was a first-time offence, our officers gave the man the option of paying a fixed penalty notice and avoiding a criminal record. But any fly tipping offender should be aware that if they fail to pay the fixed penalty notice, we will take them to court for the original offence as part of our zero-tolerance policy on illegal dumping.”