Appeal lost for Worksop banger & stock car enthusiast
A Worksop ‘banger and stock car’ enthusiast has lost his appeal against a Council prosecution that forced him to stop using his home to repair, maintain and store cars for a banger racing team he was part of.
Leigh Bower of 26 Coleridge Road, Worksop appealed against convictions relating to Bassetlaw District Council Enforcement and Stop Notices that were issued in August 2015 and breached in February 2016, which attracted a £1,000 fine and associated legal costs.
However, Mr Recorder Coke, along with two magistrates, rejected this appeal at Nottingham Crown Court on 19th August 2016 after hearing evidence from Mr Bower and officers from Bassetlaw District Council and Nottinghamshire Police.
Cllr Julie Leigh, Cabinet Member for Neighbourhoods at Bassetlaw District Council, said: “I’m sure that the residents who live close to Mr Bower will be extremely pleased that the Court rejected his appeal and will now be able to live their lives without the annoyance and disruption that Mr Bower previously caused.”
“This also serves as a warning to people who are made the subjects of Enforcement and Stop notices that should you breach these orders, you will be dealt with by the courts and could end up with a hefty fine.”
Previously Mr Bower, 42, had stored a large number of vehicles, including recovery trucks, at his Kilton home and his work on the vehicles led to numerous complaints from local residents, which were investigated by the Council’s Planning Enforcement Officer.
On 17th August 2015, Mr Bower was issued with a Stop Notice and an Enforcement Notice which prohibited him from breaking, repairing or maintaining stock car or banger racing cars at his home of 26 Coleridge Road, Worksop.
The Enforcement Notice specifically required him to stop; using the premises to break, repair, or maintain stock car or banger racing cars; using the premises to store or maintain the vehicles and remove from the land all the parts, materials and scrap associated with stock cars before 15th October 2015.
Mr Bower breached the Stop Notice on 9th September 2015 and also failed to comply with the enforcement notice by 23rd October 2015.
On 5th February 2016 at Mansfield Magistrates Court, Mr Bower was fined £500 for the breach of the Enforcement Notice, £500 for the breach of the Stop Notice and ordered to pay a £50 victim surcharge, in addition to prosecution costs of £2,067.50.
Following this conviction, the Mansfield Magistrates Court made Mr Bower subject to the terms of a Criminal Behaviour Order which states he must not break, repair or maintain any stock car or banger racing vehicles (including donor vehicles) at 26 Coleridge Road, Worksop for a period of 24 months (until 31st March, 2018).
The breach of this order is a separate criminal offence and the court has the power to send Mr Bower to prison for up to two years if he is found guilty of breaching the terms of the order.
In addition to the previous £3,117 of fines and costs that Mr Bower was required to pay, the Crown Court also awarded the Council costs of £3,015, all of which Mr Bower must pay back at £80 per week.