Beware the costly perils of trying to recycle responsibly
Thursday, 1st September 2022
• INFORMATION for other residents on the £400 fine concerning “recycling’, you may have seen a report in a national newspaper regarding “environmental protection officers” who hound down individuals to issue fixed penalty notices (FPNs) for spurious offences, with commission-based incentives.
Well now they seem to have reached the streets of Camden. Earlier this month in the Queen’s Crescent area, I received a knock from an environmental protection officer, who informed me that he was recording our conversation with a body camera, and that I was being issued a FPN for fly-tipping.
I was bewildered. Apparently I had committed an “offence” by putting out my recycling next to the communal recycling bin, which was full.
I explained that I had acted responsibly and in line with Camden Council guidelines; the bin was full with no alternatives nearby and it was routine practice in the area with others doing the same.
Furthermore a £400 charge for two clean, cardboard boxes, that were obviously left for recycling, was completely disproportionate. The officer responded that the fine was issued in line with local regulation.
The officer had also tried to use the rationale that it was illegal to leave out my recycling on a day that was not my collection day. This later turned out a moot point, as checking on the Camden website confirmed that it was in fact my collection day.
The FPN was designed so that any form of dispute is heavily disincentivised. Offenders are offered a 10-day half-price discount but with no ability to appeal any charges. The only method of dispute is to escalate to magistrates’ court.
Realistically this is out of reach for most residents, even more so given the current economic climate and the time required to follow through with legal proceedings. Regardless of liability, the majority will default to paying the fine to avoid extremely expensive court costs.
The private companies operating these services rely on residents paying fines under pressure. The company responsible in this area of Camden, including deflecting any appeals or complaints, is called Kingdom Local Authority Support.
In this scenario it is clear to me that environmental protection officers and the parent company can exploit these regulations against the spirit of the law, in order to make a profit.
I fully agree that fly-tipping is abhorrent and a problem in the local area. However this charge did not at all target the problem of fly-tipping but punished an act that was meant to foster protection of the local environment and a circular economy.
In lieu of the ability to address the real problem of fly-tipping, Camden Council and Kingdom Local Authority Support have resorted to targeting anyone they are able, no matter how tenuous their “offence”. I have now been deterred from recycling for fear of entrapment in these underhand methods a second time.
In summary, I was fined £400 for following council guidelines on when to put out my recycling, in a situation wholly contrived by Camden Council’s limited recycling facilities in the area, with no method of appeal except with the risk of heavy legal fees.
In this case I made the mistake of not removing my postage labels from the box, so the environmental protection officer was able to come to my door directly. A lesson for other residents to always remove your address from your recycling!
I would like to inform other readers of this situation, so that they can avoid falling victim to this exploitative behaviour by Camden Council.
Any form of dispute for this charge will be lengthy and require tenacity in order to follow up the available support options.
If any residents do get caught out, please note that I have found good advice from the Citizens’ Advice Bureau and will later speak to the RCJ debt advice line.
A direct complaint to Camden Council was forwarded to their “local resolution” service to be resolved informally.
It is unclear what this will lead to, but the communication timelines will certainly fall outside of the FPN discount window, leading many to pay the charge out of fear of higher incurred costs.
I hope that others are able to benefit from this unpleasant experience.
DR AMY LAI
Address supplied