A THURROCK Independent investigation has unveiled a major flaw in Thurrock Council's enforcement process, forcing the council to apologise to local businesses and refund fictitious fixed penalty notices to firms.

They are also taking action against a firm employed by the council to carry out enforcement.

We were contacted earlier this week by local businesses who had received fixed penalty notices from a rogue enforcement officer working for Kingdom Security Ltd who backed up his actions with letters and fine notices that bordered on illiteracy.

We also found that efforts by a ward councillor to call the council to account had been brushed aside.

Cllr Alex Anderson told one business hit by a fine that: "It has been found that the officer acted in an appropriate manner and the fixed penalty notice was issued correctly."

Angry local butcher Will Reed contacted Thurrock Independent editor Neil Speight about the issue and we immediately brought pressure to bear on the council, contacting them on Wednesday (12 June) this week.

We detailed the case of two businesses, Reeds Butchers in Corringham and the Tantastic tanning shop on the Globe Industrial Estate in Grays, both of whom had been issued with £150 for displaying A Boards advertising their premises – on land within their curtilage outside their businesses.

They then received letters with the notice that were poorly written and contained incorrect facts, including the location of the shops being fined!

We put the facts to the council, who today issued the following statement: "Thurrock Council has taken strong action against a third-party contractor after they issued Fixed Penalty Notices (FPNs) to residents and businesses containing errors, insisting they take swift action and ensure they contact everyone affected immediately.

"Within 24 hours of being notified, the council called in a senior officer from the contractor demanding an explanation and, as a consequence, is taking action against them for breach of contract. The council also made the decision to withdraw the affected notices.

"The FPNs were issued between Monday, 6 May and Wednesday, 12 June 2019 for flyposting, breach of Public Space Protection Order and fly-tipping by the third-party contractor. Letters have been sent out to all those concerned and outstanding FPNs have been cancelled. The council has also directed the company to reimburse those FPNs that were paid.

"Cllr Aaron Watkins, portfolio holder for environment and sports and leisure, said: "Thurrock Council has taken strong action against a third-party contractor whose work has fallen woefully short of the standard that they are obliged to provide in their contracted service in the borough and which the council demands.

'We are working with residents and businesses to rectify this situation and would like to assure all those affected that these notices have been withdrawn and no further action will be taken.

'Environmental crime is a very serious issue and we know that residents support us taking tough action. In this case, standards have fallen well below what is expected but we would like to assure residents that these issues will be resolved and we will continue to crack down on those who blight our borough'."

Cllr Watkins' council college, Stanford East and Corringham Town councillor Alex anderson had written to Mr Reed earlier this week, saying: "Please see below the response I received to the enquiry I made on your behalf regarding the fixed penalty notice issued on the 5th of June:

"On Wednesday 5th June 2019 Officers observed 1 x Advertising Board unlawfully placed on the Public Highway. Thurrock Council take a robust approach when dealing with all enviro crime offences and deal with each offence and offender consistently. As a consequence of this offence a Fixed Penalty Notice was issued.

"Such signs are deemed as an advertisement for the purposes of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 1992, and requires the express consent of the Local Authority to display it.

"Any person who wishes to place an advertisement on the highway must obtain advertisement approval from the Local Authority Planning Department. An applicant having obtained advertising permission must also obtain the Council's authorisation from highways to apply for highway consent. There are terms and conditions when both consents are given.

"The Offence committed is under Section 224 of the Town and Country Planning Act 1990 which states: 'A person who, without either the consent of the highway authority for the highway in question or an authorisation given by or under an enactment or a reasonable excuse, paints or otherwise inscribes or affixes any picture, letter sign or other mark upon the surface of a highway or upon any tree, structure or works on or in a highway is guilty of an offence'.

"The authority to issue a Fixed Penalty for this offence exists under the Anti-Social Behaviour Act 2003.

"Please note, there is no statutory appeal for this type of fixed penalty. However I can confirm that the circumstances surrounding the issue of the above fixed penalty notice have been reviewed.

"The fixed penalty notice was issued for the offence of Displaying and Advertisement in contravention of regulations. It has been found that the Officer acted in an appropriate manner and the fixed penalty notice was issued correctly.

"A fixed penalty notice offers the recipient the opportunity of discharging any liability to prosecution for the offence by payment of a fixed penalty.

"Should they decide not to pay the fixed penalty notice the Local Authority may instruct our legal services to commence proceedings for the question to be considered for prosecution against you."

Mr Speight said: "I am pleased we were able to force the council's hand on this one. It's a shame that officers at the council put Cllr Anderson into a very embarrassing position, but it seems that's par for the course at the council these days, officers dismiss councillors and treat them with contempt, but this time the watchdog that is a press was able to take a bite back!

"The council have said little directly to me after we put the facts before them, but that's also par for the course. This time they couldn't ignore this. One has to question the integrity of the council and the way it appoints its business partners with clearly so little scrutiny. It's likely this scam, if not disclosed would have cost local businesses thousands overall."