20 Kingsend
Ruislip
Middlesex
HA4 7DA
The Court Manager
High Wycombe Magistrates Court
Easton St, High Wycombe
Bucks, HP11 1LR
3rd June 2010
Dear Sir or Madam,
Hearing 2.30 pm 7th June 2101 Ct 3
Mr Peter Robert Silverman v Secretary Of State for Transport
Complaint and application for a litter abatement order by Peter Silverman pursuant to S 91(6) of the Environmental Protection Act
I am I receipt of the defendant’s solicitor’s letter dated 3td June. My position is as follows:
I accept that currently the defendant is maintaining the cleanliness of the highway in question to an adequate standard. However this was not the case at the time of my complaint was made to the court on 24th March 2010 as evidenced by the photos taken over the period 20/02/10 – 23/03/10.
Therefore, as I understand it, the court cannot issue a Litter Abatement Order (EPA S 91(6)) as there is now no litter to be abated.
I am therefore now solely concerned about my rights under EPA S91(12). This states :
“Where a Magistrates’ Court is satisfied on hearing of a complaint under this section – (a) that, when the complaint was made to it, the highway or land in question was defaced by litter or refuse, as the case may be, was wanting in cleanliness and (b) that there were reasonable grounds for bring the complaint the court shall order the defendant to pay such reasonable sum to the complainant as the court may determine in respect of the expenses incurred by the complainant in bringing the complaint and the proceedings before the court”.
I will bring an expense claim with me on Monday but expect the figure will be below £300.
In addition to the evidence already presented I wish to draw the court’s attention on Monday to copies of complaints made to the Highways Agency by members of the public in the 6 months period to 31/03/10 about the lack of cleanliness of the M40. Highlights from these complaints are shown in the appendix to this letter.
In addition I would like to show the Court before and after photos demonstrating that under their new cleaning regime it is practicable for the defendant to keep the highway clear of litter and refuse.
I will e-mail a copy of this letter to the defendant’s solicitor and deliver it by hand to the court tomorrow morning.
Yours faithfully,
Peter Silverman
Appendix
“I was appalled by the mounds of litter on the slip roads”
“I haven’t seen a litter picking team on the motorways for a long time”
“Caller reports severe litter problems on the M40″
“I have been struck by the phenomenal level of litter on this motorway”
“Caller also reports that the situation is very bad on the entire length of the M40″
“Gentleman is complaining about the state of litter build on the M40 in general and would like to know what measures are taken to keep it clean”
“Litter on verge of M40 - why is nothing being done? he feels it is a national embarrassment”
“Parts of M40, M6 and M56 appeared very rubbish strewn on recent journeys”
“I travel between J15 and J 2 of the M40 at least 3 times a week. … I can’t fail to notice the amount of litter that has been collecting on the verges”
“I am writing to complain about the appalling levels of litter I recently witnessed whilst travelling on the M25 and M40 from Heathrow to Oxford. I am not exaggerating when I say it was the case of spotting the odd clean or almost clean part.”
” Also entering the M40 towards London at J2 the off side verge on the slip road is so full of cans that it is impossible to see the grass and the litter extends to J1A”
” I travel on the motorways quite regularly and have not seen a litter picking team for a long time. Have you given up with it?”
“I was disgusted to see that the situation was so bad. The main culprit areas are the M40 to and from London between J3 and J1…. .it (the litter) is very often very sun damaged showing that it has been there for a considerable time”
“He witnessed them strimming the grass on the M40 slip roads. Whilst they were strimming the grass they were also strimming the litter”
