The Student Room Group

Woman who hired 'man with van' on Facebook fined £2k

A woman who used a "man with a van" she found on social media to get rid of rubbish has been ordered to pay £1,900.

Simone Jackson, 38, of Broad Oak Lane, Bury, found someone on Facebook to remove waste which was later found dumped in nearby Lowes Road.
The council later identified her as the source of the waste and gave her a fixed penalty notice of £400. However, the authority said she did not pay it.
She was found guilty at Manchester Magistrates' Court of failing to comply with the householder's duty of care in the disposal of household waste and fined £500 and ordered to pay a £250 victim surcharge and £1,150 costs, the Local Democracy Reporting Service said.

https://www.bbc.co.uk/news/articles/c5y40eexjd3o

Reply 1

Steep penalty but it's her own fault, if she had used a licenced disposal company she could have legally passed the responsibility to them, but instead she went with 'A1Dump4U' with most likely 0 paperwork.

Like she didn't really get fined 2k for hiring a man and van, she got fined £4/500 for breaching her duty of care regarding her waste disposal, the bulk of this fine has then came from her refusal to pay the first fine.

Reply 2

Original post
by StriderHort
Steep penalty but it's her own fault, if she had used a licenced disposal company she could have legally passed the responsibility to them, but instead she went with 'A1Dump4U' with most likely 0 paperwork.
Like she didn't really get fined 2k for hiring a man and van, she got fined £4/500 for breaching her duty of care regarding her waste disposal, the bulk of this fine has then came from her refusal to pay the first fine.

Indeed. The usual misleading headline. It's like saying "Woman who hired 'man with van' imprisoned for life", because she hired him to murder her husband.

Reply 3

Original post
by -Eirlys-
A woman who used a "man with a van" she found on social media to get rid of rubbish has been ordered to pay £1,900.
Simone Jackson, 38, of Broad Oak Lane, Bury, found someone on Facebook to remove waste which was later found dumped in nearby Lowes Road.
The council later identified her as the source of the waste and gave her a fixed penalty notice of £400. However, the authority said she did not pay it.
She was found guilty at Manchester Magistrates' Court of failing to comply with the householder's duty of care in the disposal of household waste and fined £500 and ordered to pay a £250 victim surcharge and £1,150 costs, the Local Democracy Reporting Service said.
https://www.bbc.co.uk/news/articles/c5y40eexjd3o

It looks like another attempt for the state to offload it's responsibilities onto other people which is made all the more ridiculous as they are allowing striking council workers to have waste lying around all over the place while obstructing anyone else from taking care of it.

Reply 4

Original post
by StriderHort
she got fined £4/500 for breaching her duty of care regarding her waste disposal, the bulk of this fine has then came from her refusal to pay the first fine.


Councils are known for trying it on so why wouldn't it be contested.
The £250 victim surcharge is another farce that should be removed.
Original post
by -Eirlys-
A woman who used a "man with a van" she found on social media to get rid of rubbish has been ordered to pay £1,900.
Simone Jackson, 38, of Broad Oak Lane, Bury, found someone on Facebook to remove waste which was later found dumped in nearby Lowes Road.
The council later identified her as the source of the waste and gave her a fixed penalty notice of £400. However, the authority said she did not pay it.
She was found guilty at Manchester Magistrates' Court of failing to comply with the householder's duty of care in the disposal of household waste and fined £500 and ordered to pay a £250 victim surcharge and £1,150 costs, the Local Democracy Reporting Service said.
https://www.bbc.co.uk/news/articles/c5y40eexjd3o

Although i think it is a bit harsh (it was the man with the van who dumped the stuff), she should have done her homework and got someone with the correct licence/paperwork/whatever. Just like you would vet (or get recommendations for) any tradesman before you hire them to do jobs at your house.

Reply 6

Original post
by TheStupidMoon
Councils are known for trying it on so why wouldn't it be contested.
The £250 victim surcharge is another farce that should be removed.

They weren't trying it on, she was clearly guilty and the waste was traced back to her, it's that simple.

If you don't want extra court fees added to your fine, then don't contest something you are guilty of and have 0 chance of winning. As for a victim surcharge, what about the people having their view or street ruined by her dumped junk, or the extra staff who had to come clean it up?

Reply 7

Original post
by Emma:-)
Although i think it is a bit harsh (it was the man with the van who dumped the stuff), she should have done her homework and got someone with the correct licence/paperwork/whatever. Just like you would vet (or get recommendations for) any tradesman before you hire them to do jobs at your house.

It would have been a lot less if she admitted it when caught, the duty of care remains hers as she cannot pass it onto an unlicensed trader. The person who actually dumped it is obviously still liable for the act but they legally can't take the blame for the owner as they were never a valid disposal operator. As soon as the owner will have been asked for their paperwork and the operators licence details etc she would be sunk.

Worth remembering that you can be hit for up to £50'000 so £500 is kind of on the small side. Depending how much stuff/what it was, the cleanup cost and the cost of tracing her could easily be more than the fine (I have exp in this field)
Original post
by StriderHort
It would have been a lot less if she admitted it when caught, the duty of care remains hers as she cannot pass it onto an unlicensed trader. The person who actually dumped it is obviously still liable for the act but they legally can't take the blame for the owner as they were never a valid disposal operator. As soon as the owner will have been asked for their paperwork and the operators licence details etc she would be sunk.
Worth remembering that you can be hit for up to £50'000 so £500 is kind of on the small side. Depending how much stuff/what it was, the cleanup cost and the cost of tracing her could easily be more than the fine (I have exp in this field)

Thats what i am saying, she should have done her homework when employing the waste disposal person, just like you would with any tradesmen.
And yes admitting that you messed up is always better than lying.

Reply 9

Original post
by Emma:-)
Thats what i am saying, she should have done her homework when employing the waste disposal person, just like you would with any tradesmen.


Who even knows about that nonsense and it's not their place to do the states job of asking for "papers please"



Original post
by StriderHort
They weren't trying it on, she was clearly guilty and the waste was traced back to her, it's that simple.


I said in general they do and I see no difference in assuming it for this case.



If you don't want extra court fees added to your fine, then don't contest something you are guilty of and have 0 chance of winning. As for a victim surcharge, what about the people having their view or street ruined by her dumped junk, or the extra staff who had to come clean it up?


I don't think you understand what a "victim surcharge" is, also all these extra charges undermine the right to a fair trial.
(edited 10 months ago)

Reply 10

Original post
by TheStupidMoon
Who even knows about that nonsense and it's not their place to do the states job of asking for "papers please"
I said in general they do and I see no difference in assuming it for this case.
I don't think you understand what a "victim surcharge" is, also all these extra charges undermine the right to a fair trial.

"I said in general they do and I see no difference in assuming it for this case."

That makes 0 sense. So even if you know you did the thing you're accused of and they have solid evidence against you, you'll insist on a trial and your entire defence is 'I heard about another council doing something dodgy someday so I'm refusing the bill'? You'd just get hammered with the same 2k in a heartbeat, prob more.

"I don't think you understand what a "victim surcharge" is, also all these extra charges undermine the right to a fair trial."

Do you? Push comes to shove I don't need to know the details of the VS, as I don't waste the council & courts time with nonsense excuses incurring extra fees. The idea that if you force the court to find you guilty by trial the punishment is more severe is not a new one and we're not about to change it.

She had a fair trial by all accounts, if she was found not guilty she wouldn't have paid a penny but she was found guilty due to the evidence, that comes with penalties. If you don't like that, then don't waste the courts time in a case you can't win. If you sued someone and lost you'd need to pay their fees as well, why would expect a trial to be substantially different?

Reply 11

Original post
by StriderHort
"I said in general they do and I see no difference in assuming it for this case."
That makes 0 sense. So even if you know you did the thing you're accused of and they have solid evidence against you, you'll insist on a trial and your entire defence is 'I heard about another council doing something dodgy someday so I'm refusing the bill'? You'd just get hammered with the same 2k in a heartbeat, prob more.
"I don't think you understand what a "victim surcharge" is, also all these extra charges undermine the right to a fair trial."
Do you? Push comes to shove I don't need to know the details of the VS, as I don't waste the council & courts time with nonsense excuses incurring extra fees. The idea that if you force the court to find you guilty by trial the punishment is more severe is not a new one and we're not about to change it.
She had a fair trial by all accounts, if she was found not guilty she wouldn't have paid a penny but she was found guilty due to the evidence, that comes with penalties. If you don't like that, then don't waste the courts time in a case you can't win. If you sued someone and lost you'd need to pay their fees as well, why would expect a trial to be substantially different?

Knowing what a "victim" surcharge is important if you're going to argue about it.
It's just an extra charge that gets tacked onto any crime that funds a lot of nonsense and should be scrapped. Apparently Canada's copied it too.

Reply 12

Original post
by TheStupidMoon
Knowing what a "victim" surcharge is important if you're going to argue about it.
It's just an extra charge that gets tacked onto any crime that funds a lot of nonsense and should be scrapped. Apparently Canada's copied it too.

That really doesn't sound like you're in a position to correct me either and you haven't pointed out anything specific, you just don't like the sound of it and that has been the sole logic you've applied to every part of this discussion.

You still aren't addressing why you would refuse a fine and then demand a court trial over something you know you are guilty of when they have solid evidence against you, and then be surprised or outraged when this ends in a stiffer financial penalty after wasting everyone's time. Claiming this isn't a fair trial solely due the possibly of punishment if guilty or it someone how wasn't the waste owners responsibility is simply incorrect.

Reply 13

Original post
by StriderHort
That really doesn't sound like you're in a position to correct me either and you haven't pointed out anything specific,

but I am and I have.

The person has a right to a fair trial to start with then these extra costs plus victim surcharge undermine that.
Then there's the grey area of the council trying to get ordinary people to be unpaid inspectors of these vanmen at a time when binmen are essentially doing the same to pressure the public for extra money.

Reply 14

Original post
by TheStupidMoon
but I am and I have.
The person has a right to a fair trial to start with then these extra costs plus victim surcharge undermine that.
Then there's the grey area of the council trying to get ordinary people to be unpaid inspectors of these vanmen at a time when binmen are essentially doing the same to pressure the public for extra money.

No, again, this is all just things you either 'feel' or have made up, you aren't articulating a specific error. 😅

Potential criminal punishment does not undermine the right to fair trial, punishment is what happens when you lose a trial or plead guilty. She was guilty of the offence and should have paid the initial far smaller penalty rather than stick her heels in on a lost cause. (I was going to add I'm surprised any competent lawyer didn't talk her out of this, but she prob got them from the same place as the van guy)

It's not a grey area, it's simply your legal responsibility to dispose of your waste appropriately and to check credentials of people you hire to keep yourself right, not the councils or anyone else's, yours.

Having worked for several councils and water/chem places, by the time they turn up at your door with the penalty notice the case against you is already solid and they've got their evidence, there's not much in way of a defence at that point and I haven't known them to make mistakes. It's like trying to deny a speeding ticket after the court plays a video of you doing 90mph down the M8, you aren't just going to magically 'win' and you'll just make things worse trying to 'sovereign citizen' your way out of it.

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