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Waste & Scrap Carrier Offences

Fixed Penalty Tickets

Landmark Victory in Carrier of Waste Offence - Given this ruling it is highly likely that you have not committed an offence

Landmark Victory in Carrier of Waste Offence – Given this ruling it is possible that you have not committed an offence

If you have been given a fixed penalty ticket for:

  • Transporting controlled waste without a waste carriers license

OR

  • Summonsed to Court to answer allegations of this type.

Contact us now.

We may be able to fund the defence of your case with legal aid and will be more than happy for you to contact us for free advice either by appointment or telephone to discuss your particular situation. Given this ruling it is possible that you have not committed an offence. You should contact us now and we will happily advise you as to your position.

On 28 September 2012 Iain MacDonald Solicitors represented Mr Ian Ankers before the Chester Crown Court on appeal from the Warrington Magistrates court.

Mr Ankers had allegedly been in breach of section 5(7) of The Control Of Pollution Amendment Act 1989 in that it was alleged that he had failed to produce a Waste Carriers License when requested to do so.

Section 1 of the same act states that it is an offence for any person who is not a Registered Carrier of Controlled Waste, whilst in the course of any business of his or otherwise with a view to profit, transports controlled waste to or from any place in Great Britain.

It had previously been argued before the lower Courts that Mr Ankers had not been transporting scrap metal which he accepts was controlled waste with a view to profit. This was not accepted and Iain MacDonald Solicitors lodged an appeal of this decision to the Chester Crown Court.

The only issue before the court was whether or not Mr Ankers should have had a waste carriers license.

Iain MacDonald Solicitors win a land mark case before the Chester Crown Court.

As Mr Ankers legal team we submitted to the Court that Mr Ankers was not transporting controlled waste with a view to profit.

The Crown Court appeal judge His Honour Judge Edwards the Recorder of Chester Crown Court in deliberations with his Magistrate colleagues came to the unanimous conclusion that the Local Authority had failed in this case to prove profit.

This case is of particular importance because until this appeal was heard the definition of profit was taken only to have its ordinary meaning that had no real context as against the background of this case.

The Courts were however persuaded to define profit in a case of this nature as any commercial advantage to the person transporting waste between the sale price received for the controlled waste and the value of the same waste in that persons possession.

In this case the Court were of the view that the prosecuting Local Authority had failed to prove to the criminal standard and burden of proof, profit within this context.

Needless to say, Mr Ankers, who had simply been removing waste from his father’s back yard was told that his appeal was successful and was awarded his full legal costs.

See our YouTube Channel: https://www.youtube.com/watch?v=Rn1m9vBHf5o

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