A MAN was fined £3,100 and ordered to complete 250 hours’ unpaid work for flytipping – despite the fact he was not present when it happened.

Wayne Kennedy’s van was used to take 25 black bags, wooden studding, plaster board panelling and some white bags containing plaster from 19 Foregate Street, Worcester – which was being refurbished – to Huddington Lane, near Huddington, near Grafton Flyford, on August 2 last year.

But while Kennedy, of Randwick Drive, Blackpole, Worcester, admitted his van had been used to dump the waste, he denied he was present when the rubbish was collected or dumped.

He was prosecuted by Wychavon District Council under section 33(5) of the Environmental Protection Act, which says a person did not take every precaution to make sure their vehicle was not used to flytip.

Leonie Woodward, prosecuting on behalf of the council, said a lengthy investigation took place to find out who was behind the rubbish.

It was quickly discovered it had come from an empty restaurant in Foregate Street, which has since reopened.

The builder refurbishing the property said he had paid someone £75 to take away one load of rubbish – the rubbish found in the lane – on August 2.

He did not know the names of the people, but when he spotted the van in Worcester later he took down the registration plate number which led the police to 24-year-old Kennedy.

The van was also captured on CCTV. When questioned in January, Kennedy said he regularly lent his van to friends and acquaintances and could not remember who exactly had taken it in August.

He did give some names, but the police were unable to follow them up. Mrs Woodward said: “The person who removed the waste made a considerable saving by not taking it to the tip.

“Refusing to co-operate with the police is only encouraging this to happen more often.”

She said Wychavon already spent £50,000 dealing with flytipping annually and this case had cost £3,100.

She said: “It’s taxpayers’ money being used for some people to make savings and cut corners.”

Mark Turnball, defending, said: “He has a vehicle which is used by a number of people. He gave a number of names in interview as to who these people are.”

He said the people were travellers, which made them hard to track down, which was not his client’s fault.

Chairman of the bench Robbie Porter fined Kennedy £3,100, handed him a 12-month community order with 250 hours’ unpaid work to be carried out.