A STUNNED Greenock man has told how his disabled brother was hit with a whopping £500 fine after council bosses claimed unlawful dumping in a recycling bin — of half-a-dozen bread rolls.

Jamie McLean was driving his sibling's mobility car after their 79-year-old mum had given him a black bag to drop off at the large blue receptacles at the town's Tesco car park.

Just 48 hours later double amputee brother Robert received a hand-delivered package with the fixed penalty notice and photos of the contents of a rubbish bag — which included a pack of morning baps.

Jamie — whose mum, Rebecca, has paid the fine in full — insists that there is no evidence to prove that this black bag was the one that she'd given him.

Greenock Telegraph:

He told the Tele: "I'm raging about it. 

"My mum's 79 years old and I hate to think that some of her life savings have been spent on a bag of rolls.

"It would be great if my mum could have the money refunded, that would be the best thing that could happen.

"It could be anyone's black rubbish bag dumped there. 

"There's no photo of me or of the car.

"They should be giving me evidence of me dumping that actual bag in the bin."

Greenock Telegraph:
Greenock Telegraph:

The fixed penalty package received by Robert also contained a photo of an Inverclyde Council fixed penalty notice at the Tesco site which clearly stated a maximum fine of £200, not £500.

Jamie — who had gone to the bins as part of a series of errands including a prescription collection — said his mum had given him a black bag in the morning.

He said: "I was on autopilot so I just threw it in the back of the car. 

"I didn't know what was in the bag but I just assumed it was all for the recycling so put it in one of the blue bins in the Tesco car park and thought nothing else about it.

"If I had known there was food waste in it, I wouldn't have put it in that bin. 

"We're always good with our food recycling at home."

Greenock Telegraph:

On the fixed penalty notice from the council, an 'authorised person' states they have reason to believe an offence was committed under section 33 (1) (a) of the Environmental Protection Act 1990. 

The letter explains that Inverclyde Council enforcement officers and CCTV captured Jamie dumping a black bin bag containing food waste into the blue mixed recycling bin which was clearly marked. 

When the Tele visited the site, the fixed penalty notice sign had been removed from behind the bins. 

Greenock Telegraph:
Jamie returned to the recycling site a couple of weeks after the fine was received and took photographs of items including oil canisters, chairs, a desk, and clothes dumped beside the bins. 

Greenock Telegraph:

Greenock Telegraph:

He has now called council bosses out on the amount of the fine. 

Jamie said: "Even if someone did put food waste in the bin, surely it would be £200 and not £500? 

"Why are they charging more than double the fine? 

"It doesn't make sense.

"I wasn't even sure if the letter was genuine at first but when I phoned the council they confirmed it was them. 

"It's just not adding up in my head."

He said despite making contact with the council, no-one in the customer service department has been in touch. 

Jamie added: "No-one from the council has had the courtesy to explain it face to face or in an email, they just posted it through the door. 

"I just want other people to be aware."

An Inverclyde Council spokesperson said the level of fixed penalty notice (FPN) for fly-tipping is set out in law at a national level under the Environmental Protection Act, and increased from £200 to £500 in June 2023.

They added: "A FPN will be issued as an alternative to prosecution if there is sufficient evidence and on this occasion two enforcement officers were in the vicinity and there was also CCTV footage.

"This particular FPN has been paid in full.

"Information about illegal dumping, including how to report offences as well as details about how to dispose of waste properly, is available on the council website."