A MAN claims he will be jailed for five years if he doesn't pay a £500 fine given to him after he put a black bag next to a wheelie bin.
Ben Riley put the four black bins bags outside his back garden gate in Ipswich, Suffolk, after getting mixed up with the collection dates.
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Ben Riley was fined £500 for putting rubbish bags next to his wheelie bin Credit: SWNS 3
He slammed the council's decision as 'ridiculous; Credit: SWNS 3
Ben's rubbish wasn't due to be collected for another six days Credit: SWNS
The rubbish wasn't due to be collected for another six days and his blue bin was full.
Ben thought it would be fine as he had done the same before while living in another part of the UK.
But he was soon left stunned after being slapped with the hefty penalty.
Ben was hauled into a "formal interview" before being issued with a fixed penalty notice by Ipswich Borough Council on February 13.
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The shocked resident couldn't believe that he could even face jail if he refused to pay.
He appealed the £500 fine but was told it had been rejected last Thursday.
And while Ipswich Borough Council have now extended the early payment period and reduced the fine to £250, Ben says he would rather go to court than pay.
Our bins were left overflowing for six weeks and council bosses didn't realise there'd be more rubbish over Christmas
He said: "I'm happy to go to court over it and I won't be paying the fine - I want to keep my dignity and my pride.
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"It's the principle of the matter - I’ve only lived here for two months and made a mistake and they've decided to slap me with a fine."
Ben, who has recently started a new job as a security officer, said he had been unemployed for three months and doesn't have £250 to "pluck out of thin air".
The disgruntled resident said: "It has gotten to the point where even though I have a job now, I'm three months behind on bills.
"It is ridiculous how extreme it is. I have been threatened with five years in prison or an unlimited fine if this goes to court.
“I lived in Essex for 28 years of my life and the council never moaned about a bag next to the wheelie bin before, but here it’s a big deal.
“Back home, you could happily put rubbish bags next to your bin and they would be taken by the binmen."
He continued: “It’s not like I’ve dumped a mattress or a television set in the middle of a road, it’s next to my back gate.
“I have just put general waste next to my wheelie bin because it was too full."
Councillor John Cook, from Ipswich Borough Council, said: “Waste left on the street can cause public health issues and encourage anti-social behaviour.
“In this case, bags of waste were put out on the street on 3 January and the next black bin collection day was 9 January, so the waste would have remained on the road for at least six days.
“Under formal interview the resident admitted to the offence and a fixed penalty notice was issued at an amount of £500.
“Due to the appeal, we have extended the early payment period within which the amount is reduced to £250."
How to avoid a fine when putting out your bins
According to government guidance, there are a number of instances in which your council can issue you with a fine over your rubbish.
Local authorities may issue fixed penalties to householders when they do not follow waste collection rules and the result is a nuisance or a detrimental effect on local amenities.
You could be issued a fine for putting your rubbish somewhere where it causes an obstruction to neighbours or restricts access to the pavement or the street.
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A council can also fine householders if they leave bags or open bins out days before a collection, attracting vermin such as foxes or rats.
However, councils cannot issue fixed penalties when householders put something in the wrong receptacle by mistake, forget to close receptacle lids or leave bins out a few hours before a collection.