More people living in flats claim they have been fined for fly-tipping after leaving their rubbish bags out for collection in line with council rules.

People living above shops in Clarence Court, Mill Hill, have been told to pay hundreds of pounds or face a court battle to clear their names – and risk getting a criminal record.

Barnet Council says the fines were issued correctly because residents had made mistakes when leaving out their rubbish.

But the residents were shocked by the response and insisted they had been following the council’s guidelines on waste disposal.

It comes after a couple living in Mill Hill Broadway reported being fined more than £1,000 after leaving their domestic waste out for collection.

Now, Susan McKenzie, who lives in Clarence Court, said she had received two fixed penalty notices (FPNs) for £400 each after leaving her waste bags in Goodwyn Avenue, before 9.30am, in line with the council’s guidelines.

As she lives in a flat, she does not have a wheelie bin and must leave the waste on the street in special sacks issued by the council.

Ms McKenzie said the council had failed to collect the waste within that timeframe and an enforcement officer from Kingdom Services Group – a private firm that carries out fly-tipping enforcement for the council – had issued the FPNs.

She said: “It is quite frightening. For my job, I can’t have any kind of court judgement against me.

“I sent an email to Kingdom and got an email back last week – two months later – saying the fine still stands. I have to pay or go to court.

“Fly-tipping is a massive issue, but this is not the right thing to do.”

Omar Kaadna, who also lives in Clarence Court, said he and his wife had been fined more than £900 in total for leaving out waste for collection in Goodwyn Avenue.

He said: “I do not want to have a bad record. It is ridiculous when you follow the rules and still get fined.”

On Twitter, an account promoting Mill Hill Broadway claimed yet more people had been affected by the problem.

Mill Hill Broadway Official tweeted: “Mill Hill Traders and Residents Group have been fighting this since June. Nearly everyone on the Broadway has been fined. Most around £400 to £1,000.

“It is a scandal because there is no appeal and Barnet Council often arrive hours after the time to collect or not at all.”

 

 

But a Barnet Council spokesperson said all of Ms McKenzie’s and Mr Kaadna’s FPNs – five in total – “were issued correctly, as part of the time-banded collection arrangements for Mill Hill Town Centre”.

They added: “We have established they were issued for one of two reasons: the recycling and waste had been left out by residents, outside the 6am to 9.30am collection window, or they had presented rubbish in black bin bags.

“It is important to stress that we have a number of safeguards in place to ensure people are not penalised unfairly. For example, our Street Scene Team will contact our enforcement partner, Kingdom, if there has been a missed time-banded collection.”

The local democracy reporting service asked the residents whether they accepted the council’s response.

Ms McKenzie said: “Wow. That is not correct. They are not collecting when they should”, adding that she was taking up the matter with her MP and the Local Government Ombudsman.

Mr Kaadna said he had “definitely followed the rules” and left the rubbish in the bags issued by the council.

The council spokesperson said efforts to tackle fly-tipping were having a positive impact on Mill Hill Broadway.

They added: “We would like to make residents and businesses aware they have 14 days to make representation to Kingdom, if they do receive a fixed penalty notice, and they consider they have not committed an offence. Residents should please email kingdom@barnet.gov.uk

“These representations are always reviewed on a case-by-case basis.”

Kingdom Services Group was also approached for comment.