Land Law Finance - Issue 14 - Autumn 2019

Issue 14 L and L a w F inance 5 They found items identifying a Kayleigh Louise Wigman. Officers then issued two Section 108 Notices to Kayleigh Louise Wigman requesting information as to how these items came to be dumped in Criol Lane. Wigman did not respond or assist Ashford Borough Council with their inquiries. This is a criminal offence. At Canterbury Magistrates Court on 23 July, lawyers representing the council brought two charges against Wigman. She did not attend court, so an application to prove in absence was made by the council. The case was proved and the defendant found guilty on both charges. She was fined £500 for each offence, making a total of £1,000. An application for costs was made and approved by the court. The total was £1,251.50, included investigation costs, clear up costs of rubbish and legal costs for bringing case. A victim surcharge was applied by the court. Cllr Andrew Buchanan, portfolio holder for Environment and Land Management, praised council staff working across three departments for their diligence and professionalism in investigating the case and bringing the successful prosecution. “We have a zero-tolerance attitude towards fly-tipping. It is a scourge of the countryside and we are determined to do all we can to stamp it out. “This case demonstrates that, where we have sufficient evidence, the council will have no hesitation in pursuing people through the courts.”