Seizure notice for NL58 UBB
Notice of seizure
The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015
Seizure authority
Brighton and Hove City Council
Property seized
Vehicle
Make and model
White Ford Transit Tipper
Vehicle registration number
NL58 UBB
Brief description
On 17 November 2023 at 7am the above mentioned vehicle was seized having believed to be involved in the commission of two offences, namely depositing controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land in breach of s33 of the Environmental Protection Act 1990 namely on land not knowingly belonging to you.
This is a matter under investigation by Brighton and Hove City Council’s Environmental Enforcement team.
Additional property
No additional property
Date and time of seizure
17 November 2023 at 7am
Place of seizure
Whitehawk Road, Brighton
Legislation enabling seizure
Section 34B of the Environmental Protection Act 1990
This notice will be displayed at our office and on our website until 15 December 2023 in accordance with regulations 7(1)(a) and 8(b) of the Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015.
Under section 33(5)/34 of the Environmental Protection Act 1990, where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, be treated as knowingly causing the waste to be deposited whether or not they gave any instructions for this to be done. Therefore, as registered keeper you may be prosecuted for this offence.
Claiming the property
To claim the seized property you need to visit our Brighton & Hove City Council Depot, Upper Hollingdean Road, Brighton, BN1 7GA.
Our opening hours are Monday to Friday 9am to 5pm
You should phone 01273 295 063 or send an email to EnvironmentalEnforcement@brighton-hove.gov.uk before attending our offices. Quote the reference VOS/BRF/210723
Claim period
A valid claim, fully supported by the evidence and documentation set out below, for the above mentioned property must be made before 15 December 2023.
Documents required for a valid claim of entitlement:
- proof of I.D - a valid photo card driving licence or passport
- proof of address - two different utility bills in the applicant’s name no older than 3 months)
- vehicle registration or other proof of ownership documents for seized property
- a valid insurance and drivers licence to be able to remove the vehicle
- if acting in a representative capacity (for example valid power of attorney) - written proof of authority to act as an agent, and proof of ID and address of the agent
- a valid waste carrier licence
Unclaimed property
If, in the event of the following and in accordance with the regulations:
- the claim period ending on 15 December 2023 expires and no claim is made
- a claim made on or before 15 December 2023 is not successful
- the property is no longer required to be retained
- proceedings in relation to which the property is seized are discontinued or have ended
Brighton & Hove City Council may immediately sell, destroy, or dispose of seized property.
It will be a defence to a s.33(5)/s.34 Environmental Protection Act 1990 offence to prove that you:
- took all reasonable precautions and exercised all due diligence to avoid the commission of the offence
- acted under instruction from an employer and had no reason to suppose that an offence was being committed and acted in an emergency in order to avoid danger to human health and took all reasonably practicable steps to minimise pollution and harm to human health
- reported any acts taken in an emergency to the relevant authority as soon as possible after the event
- have a valid waste carrier licence when transporting waste