I  have been involved or reported on 15 Litter Abatement Order cases. Only 2 did not produce a positive outcome. However the recent failures demonstrate that going to court is a financially hazardous process. This is briefly what happened in each case:

Remedial action taken following Warning Notice – no complaint to the court required   8 successes 

2007 – A40 Swakeleys junction -SUCCESS – neglected slip road verge cleaned after Warning Notice sent to Chief Executive of LB Hillingdon.

2009 – A4 Colnbrook by-pass –  SUCCESS- massively littered verges cleaned after warning Notice to LB Hillingdon

2010 –  Roundabout over M40 J2 (Beaconsfield)   - SUCCESS -cleaned up by South Bucks District Council following Warning Notice.

2010 – A404 M40 J4 to Marlow - SUCCESS -Massive and continuing improvement in cleaning following my Warning Notice to Wycombe District Council

2011 – M40 J8a  - SUCCESS -Hundreds of plastic bottles of urine removed following my Warning Notice.

2011 – Rail Track London Bridge station  -  SUCCESS- Litter removed from under tracks in station following a Warning Notice from James Miller

2012 – Elm Park Ruislip  - SUCCESS - Long term litter under hedge promptly removed after council sent Warning Notice.

2012 – Metrolink Manchester - SUCCESS- After 16 months of futile complaints to Transport for Greater Manchester, Graham Roundhill sent a Warning Notice to their Chief Executive.  3 days later the offending litter was cleared

Complaints made to Magistrates  Court   5 sucesses  2 failures 

2009 – Hereford City centre – SUCCESS -Having ignored his Warning Notice Kip Waistell  took Herefordshire Council to court.  By the time the case was heard the various locations he had complained about had been cleared. The complaint was therefore withdrawn and the Magistrates duly awarded Kip his costs.

2010 – M40 - SUCCESS- Cleaning activity increased on southern sector by a factor of 6 times following my Warning Notice. I was awarded costs by the Magistrates.  Verges continue to be kept relatively clean.

2010  - A355 (Beaconsfield) – SUCCESS- South Bucks ignored the Warning Notice and only cleaned up litter after receiving a summons. They  later settled out of court agreeing to pay my costs.

2011 – M40 J1 slip roads  - SUCCESS- complaint withdrawn in court following letter from Under-secretary of State. I was awarded costs.

2011 – London Underground Ruislip Manor embankments  - SUCCESS- Litter eventually cleaned but only with my intervention – £200 costs paid to me by defendant for commercial reasons.

2012 – M40 J1 slip roads and roundabout – DISASTER – Judge costs awareded to Sec. of State for Transport despite strong evidence of defacement

2012 – London Underground Ruislip Manor embankments - DISASTER – Magistrates ruled that a Litter Abatement Order can  only consider postion at date of complaint i.e. that an order can only be in respect to the litter then present. Also they awarded costs to London Underground saying they did not think the land was defaced at the time of my complaint.

 All posts on Litter Abatement Orders

Peter Silverman
31st January 2012