Valentina got fined for leaving her trash can out on the wrong days, even though she was told the right days. The judge said she had to pay the fine, even though she said she was poor.
Key Facts
- •Appellant (Valentina Ivanova) appealed a fixed penalty notice (FPN) issued under s46 of the Environmental Protection Act 1990.
- •The FPN was issued for leaving household waste on the highway outside permitted collection times on three occasions (17/11/2022, 08/12/2022, 26/01/2023).
- •Waste collections occurred on Thursdays, while the alleged offenses occurred on Tuesdays.
- •The council provided notice of collection times via flyers and bin stickers.
- •Appellant denied the offense, claiming waste was only left out on collection days and requested a fine reduction due to limited work (two days/week).
- •The council acknowledged communication regarding bulky waste and a bin lid replacement.
Legal Principles
Local authorities can arrange for household waste collection and impose requirements on residents, including permitted placement times on the highway.
Environmental Protection Act 1990
FPNs can be served via post under certain conditions.
Environmental Protection Act 1990
Outcomes
Appeal dismissed.
The Tribunal found the appellant committed three s46 offences based on evidence showing that despite sufficient warnings, she repeatedly left her bin on the highway outside permitted times. The financial hardship argument was not deemed sufficient for a fine reduction.