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At first, Tony Morton thought the £500 fly-tipping fine was a scam. After all he had never even visited the spot, 150 miles away, where the litter addressed to him had apparently been discovered.
“I had to check on my phone to see where Welwyn Hatfield is,” said the 82-year-old retired tool maker.
The letter from the private litter enforcers stated that if Morton paid the fine within 10 days, it would be reduced to £350. “But the letter was dated December 6th and I only received it on January 6th,” he said. “I only have my pension. I can’t afford that.”
Morton emailed a complaint to District Enforcement on 16 January but is still waiting for a response. “It’s cowardly of them not to reply, and unfair, especially when dealing with elderly people who are vulnerable and get worried about such things,” he said.
Morton’s is not the only case of apparently unfair fines given for fly-tipping in Welwyn Hatfield. Recently, MP Andrew Lewin held a meeting for 25 local residents, all of whom had tales of their own to relate.
The Guardian has spoken to residents issued fines, including a hospice worker issued with two £500 fines for fly-tipping at her daughter’s property.
“My daughter had been sectioned after a severe mental health breakdown and was back on day release to get her home ready,” said her mother.
“The envelope contained things I’d bought when she was in hospital and given to her. She bought the envelope home and placed it on top of her own bin, which was full.”
When the resident complained, the fine was replaced with a warning that if any other litter was found bearing her address in the next 12 months, the original fine would be reinstated – along with the new one.
“I’m petrified and furious to have this hanging over me, especially when I did nothing wrong in the first place,” she said.
Another mother was issued a fine after her daughter, who lives in supported housing, put an envelope addressed to her mother in her bin.
“The envelope was addressed to me because it was a Christmas present that I’d ordered for my daughter, and she’d taken home,” she said. “She put it in her private bin – but the photo sent to us by District Enforcement showed the envelope had somehow jumped out of her bin, walked round the corner and lain down on the floor of a nearby communal bin area.
“When I complained, I was emailed an order to attend an interview – held under caution – in three days’ time. If I didn’t attend the meeting, they would take me to court and my non-attendance would be judged against me,” she said.
When the resident replied, saying she couldn’t take time off work at such short notice, an automated response said to not expect a response for 10 days. “A week after the meeting I would be penalised for not attending,” she said.
“This was in late January and I’m still waiting for a reply. I’ve no idea if the case has been dropped or if this is something I’ve still got to fight”.
Other cases include a father, raising his young children alone after the loss of his wife, who was fined and threatened with a criminal record after an envelope blew out of his bin, and a woman issued with a fine after an envelope was photographed by enforcement officers on her private driveway.
Lewin said the council should apologise to residents issued fines that are “awful, disproportionate and unjustified”, often leaving them in “a state of shock”.
“I have written to the council more than 30 times on behalf of constituents whom I believe have been wrongly served disproportionate and unjustified fines,” said Lewin.
“As has been reported in the Guardian, some of the individual stories are awful and I am calling for the council’s policy to be urgently reviewed,” he said. “I urge the council to apologise to residents for mistakes and ensure this policy is fixed for the future.”
The councillor Tony Kingsbury, leader of the opposition at Welwyn Hatfield, has raised concerns several times in council meetings.
“Several businesses have been threatened with fines for minor, technical issues related to waste disposal, without warning or time to correct the situation, despite their efforts to act responsibly and in an environmentally-friendly manner,” he said.
“Given that District Enforcement is paid based on the fines they issue, with the council also receiving a portion of the revenue, there appears to be an incentive to pursue minor infractions rather than focus on serious environmental offenders, causing significant distress to the community,” he added.
The councillor Sandreni Bonfante, executive member for environment at Welwyn Hatfield, said: “I understand that it can be upsetting to receive a fixed-penalty notice (FPN) and, earlier in the year, my cabinet colleagues and I met with District Enforcement to make sure their processes are appropriate and fair. We will continue to review their performance throughout the trial period.”
A District Enforcement spokesperson said: “Measures are in place to ensure a thorough review of disputed penalties. A small number of FPNs reviewed have either been rescinded or reissued for lesser offences. We would like to apologise to those individuals for any upset caused.”
