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Muhsena Begum v Leicester City Council

[2023] UKFTT 334 (GRC)
Someone got a fine for leaving their bin on the street. They said they couldn't move it because their neighbor blocked the alley with rubbish. The judge believed them and cancelled the fine.

Key Facts

  • Appellant's bin repeatedly left on public footpath.
  • Leicester City Council issued a Section 46 notice.
  • Appellant claimed inability to access alley due to neighbor's fly-tipping.
  • Council issued a fixed penalty notice of £80.
  • Appellant appealed to the First-tier Tribunal.

Legal Principles

Waste collection authority can serve a notice requiring occupiers to place waste in specified receptacles (Section 46).

Environmental Protection Act 1990

Authority can issue a fixed penalty for non-compliance without reasonable excuse, causing nuisance or detriment to amenities (Section 46A).

Environmental Protection Act 1990

Notice of intent and final notice must be served before issuing a fixed penalty (Section 46C).

Environmental Protection Act 1990

Right of appeal to the First-tier Tribunal against a fixed penalty (Section 46D).

Environmental Protection Act 1990

Council must prove non-compliance and lack of reasonable excuse on the balance of probabilities.

Case Law

Outcomes

Appeal allowed.

Appellant provided a reasonable excuse for non-compliance due to blocked alleyway caused by neighbor's fly-tipping.

Fixed penalty of £80 withdrawn.

The Tribunal accepted that the blocked alleyway, caused by the neighbour's fly-tipping, constituted a reasonable excuse for the appellant's failure to comply with the Section 46 notice.

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