Crime Solicitors

The Environment Agency has taken action against the owner of a car breaking business, which was operating illegally.

Sites used by James Darke for his JapScrap company over a two-year period were found to be “unsightly with a clear risk of pollution”.

In June 2013, an Environment Agency officer received a report of illegal car breaking at St Cleer in Cornwall – and found that there were no environmental permits or exemptions for the location.

Further investigation found that the site was breaking up cars without a permit and selling the parts online. Much of the advertising and marketing of the business was carried out via Facebook.

James Darke was first provided with advice and guidance on how to legitimately operate his business. He admitted the offences to the Environment Agency, agreeing to either comply or cease to trade.

He was offered a caution, but did not respond – and further investigation in March 2014 showed he had moved to a site in Bodmin and was carrying out a similar business on this site.

Darke was given a final chance to accept a caution in January 2015, but did not respond.

The Environment Agency said the offences had been deliberate and driven by financial motives.

At Bodmin Magistrates’ Court, James Darke – of The Sidings in Bugle – was fined after pleading guilty to two offences of depositing, keeping and breaking waste vehicles at Unit C, South West Business Park, St Cleer without an environmental permit between 5 July and 9 September 2013; and at 11, Paardeberg Road in Bodmin, between 20 March 2014 and 20 March 2015, contrary to Regulations 12(1)(a) and 38(1)(a) Environmental Permitting (England and Wales) Regulations 2010.

Darke was fined £640 and ordered to pay a £64 victim surcharge and £4,780 in costs – a total of £5,484.

After the hearing, a spokesperson for the Environment Agency said:

“Darke was aware after the first investigation of what was required. He did not respond to the formal caution offer – and simply relocated his car breaking business and carried on, without a permit, until caught again.

“Breaking vehicles without an environmental permit poses significant risk of pollution – and Darke had ignored several warnings, and then moved from one site to another.”

Duncan Lewis Criminal Lawyers

Duncan Lewis criminal lawyers can advise at any stage of a charge involving environmental offences, including operating businesses in breach of the Environmental Permitting (England and Wales) Regulations 2010, as well as offences involving contaminating watercourses, air pollution, fly tipping, dumping hazardous waste, waste carrier offences and fisheries offences.

There are Duncan Lewis offices nationwide and a Duncan Lewis criminal defence lawyer can attend interviews with local council officers, the Environment Agency and the police.

For expert legal advice on environmental offences, call Duncan Lewis criminal lawyers on 0333 772 0409.