DEVIZES resident Phil Oliver is prepared to go to court after being told he had committed an offence by handing in a bag of household rubbish at Kennet District Council's offices.

Mr Oliver, of Cornfield Road, took his bag of rubbish to Kennet's offices at Browfort in Bath Road, Devizes, when it went uncollected due to a one day strike by refuse workers and Unison members in a row over pensions.

Kennet said his action in depositing the litter was a criminal offence and ordered him to pay a fixed penalty notice of £50.

Mr Oliver, 40, appealed and Kennet is now asking him to accept a caution but Mr Oliver said he is not prepared to do that as he considers he has not committed an offence.

Mr Oliver, a customer relations manager, took his bag of rubbish into Kennet's offices on March 30, two days after the strike. He did so after being told he would not get a collection until the following week.

He said: "I was a bit fed up because rubbish from bags ripped open by cats had blown into my garden. I rang Kennet to find out when the rubbish would be collected and received a curt response that it would be the following week.

"I was a bit miffed by this so I took my bag of rubbish and went to Kennet's offices. I asked to see the manger of the refuse department and was told he was not in.

"I then gave my bag of rubbish to the receptionist and asked that she give it to the manager with the message that he should make suitable contingency plans for such events and not expect the rate paying public of Devizes to put up with rubbish all over the streets for a week. I was quite polite about it. I went straight from work and was wearing a shirt and tie."

To his amazement Mr Oliver received the fixed penalty notice from Kennet five days later.

Mr Oliver wrote to Kennet appealing against the notice and on May 31 he was sent a certificate of caution to sign.

Kennet issued a two line statement when contacted by the Gazette.

It said: "The council will not tolerate waste being dumped. This case of illegally deposited waste was passed to the legal department for consideration under the Environmental Protection Act."