Harvey Kaye outside his shop in Queen’s Crescent

AN independent optician in Queen’s Crescent says they were “bullied” into paying a fly-tipping fine after enforcement officers entered the shop and issued a £1,000 fine while the owner was at home recovering from surgery.

Harvey Kaye, owner and practice manager of Queen’s Crescent Eyecare, has worked in the crescent since 1992. He said the fly-tipping fine was another blow to his business, on a high street struggling with dwindling trade.

“Business is dire,” said Mr Kaye. “When Covid happened there was a major change in people’s buying habits with more people buying online and independents like us can’t compete. The crescent is all the same, it used to be a buzzing, vibrant market, but now it’s seen as one of those places the council see as a pain. It’s a shame.”

On October 3 two Kingdom Local Authority Support (Kingdom LA) enforcement officers walked into the shop wearing all black and jackets resembling stab vests, all while Mr Kaye was bed-bound recovering from hip surgery.

He said: “They didn’t say they were police but they didn’t say they weren’t. They said to my receptionist that the business had committed a criminal offence and that there was photographic proof we had been fly-tipping.”

“The proof was an envelope officers had removed from a tied white bin bag that had been placed in the bin outside.”

Kingdom LA warned this constituted a criminal fly-tipping offence, issuing a £1000 penalty – halved if Mr Kaye paid within 10 days and allegedly threatening his receptionist could risk arrest.

“We paid it because I was bed-bound and couldn’t think of anything else to do. I also didn’t want my staff to have any repercussions,” said Mr Kaye adding: “We had no notification, no warnings.

“They are very intimidating. They are bully boys. We are soft targets as we are an independent business.”

In October, the New Journal reported on fly-tipping fines in Kentish Town where businesses on the high street took a stand against the council contracting Kingdom LA, the private company employed by the council to tackle fly-tipping and environmental offences.

“Kingdom LA benefits from this relationship with the council, they get a decent cut, and we have to suffer.”

Harvey Kaye

Mr Kaye was later hit with a second penalty – from Camden’s Trade Waste Management Agreement – which he refused to pay, and was later voided.

He told the New Journal he was required to buy an annual £50 agreement and £150 worth of waste bags – a decade’s supply of waste bags for a shop that produces a minimal amount of rubbish.

“We only generate about a bag of waste every two weeks, he said.

“It’s a con and it’s stupid. It’s not logical and it’s trying to get money out of businesses that don’t have it.”

“Kingdom LA is making money off honest businesses – it’s not fair. It really does put a bad taste in your mouth.”

This second penalty was later withdrawn by the council.

A Kingdom LA spokesperson said: “Our officers only issue Fixed Penalty Notices (FPNs) using a strict process to ensure each case is in the public interest and meets an evidential marker. In fly-tipping cases such as this one, officers may check the fly-tipped waste for identifying information to find the responsible party.

“There is a consider­able investigative effort when waste is found fly-tipped. Enforcement ensures the people who are responsible pay for the clean-up. This keeps our communities safer, cleaner and greener.

“FPN recipients can submit information via our representation process, before a case goes to court.”

A Camden Council spokesperson said: “Our in-house enforcement team oversees that they operate in line with Camden’s policy to ensure all activity is lawful, proportionate, and carried out in the public interest. Any concerns should be reported to the council for investigation.”