Published: Thursday, 14th December 2017
The first prosecution over fly-tipping in North Lynn was heard in court on 13 December.
Mr Beniamin Zadworny, 43, of Gaywood, King's Lynn, pleaded guilty to fly-tipping a mattress and duvet in Walker Street, King's Lynn.
In mitigation it was said that Mr Zadworny lent his van to his friend to help him move to a new property, not to dispose of any waste, and it was only subsequently that he found out what his friend had done. He has been in the UK since 2005, with children in school and university and this conviction will result in the loss of his good character. He has spoken with his friend, who is not prepared to come back from Lithuania to face this matter, effectively leaving Mr Zadworny ‘in the lurch’.
Mr Zadworny was prosecuted as he was the registered keeper of the vehicle. In sentencing, the Bench acknowledged credit for the guilty plea on the first occasion. They ordered a fine of £400, a victim surcharge of £40, prosecution costs in the sum of £1,775 and a compensation order to the council of £200 for the cost of removing the waste. The Chair said they had considered ordering the removal of his vehicle but had left it with him because its removal would affect his livelihood. However, the van may be confiscated if he commits a further offence.
Cllr Ian Devereux, cabinet member for Environment, said: “This is our first prosecution as a result of ongoing work in the North End area of King’s Lynn. The duvet and mattress could have been disposed of using the council-provided services such as the borough council’s bulky waste collection scheme, or Norfolk County Council’s household waste recycling centre. By trying to avoid a small fee for disposal, Mr Zadworny has ended up with a bill of just under £2,500.
"I hope this sends a strong message to the local community that we will take appropriate action against those who fly-tip – whether that be fixed penalty notices or prosecution. Local waste services are available and there really is no excuse for fly-tipping.”
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