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I  have been involved or reported on 16 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 junctionSUCCESS – 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

2014 – A11, A14 East CambridgeshireSUCCESS – Long term accumulations of litter removed after Stuart Clay’s Warning Notice.

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 The complaint was therefore withdrawn and the Magistrates duly awarded Kip his costs.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2011 – M40 J1 slip roads  – SUCCESS– complaint withdrawn in court following letter from Under-secretary of State.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 roundaboutDISASTER –  The Judge  ruled that the area was not defaced by litter at the time of my complaint spite of evidence to the contrary.

I was therefore due to pay the costs of the Secretary of State which amounted to £8,100. However the Judge ruled that I should only pay £2,000 on the grounds that I had acted responsibly and, to do other wise, would put decent people off from using the legislation.

I was also not able to recover my own costs which amounted to £8,811. (For the first time I had employed a Barrister). It was therefore an expensive day ou

2012 – London Underground Ruislip Manor embankments – DISASTER – Magistrates ruled that  they did not think the land was defaced at the time of my complaint in spite of  evidence to the contrary. Consequently I was required to pay London Underground’s costs of £4,645

 All posts on Litter Abatement Orders

Peter Silverman
31st January 2012 


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