NOTE: Since this story was published 3GS sent Mr Catt The following: "Following a comprehensive investigation into the circumstances that led to the issuing of the FPN, we have found sufficient evidence that enables us to withdraw the penalty, and this has now been facilitated."

Original story: A MAN claims a council failed to collect his bin bags from outside his house and is now threatening him with court action for fly-tipping.

Samuel Catt was fined £300 pounds by 3GS, the private company paid by Brighton and Hove City Council to fine fly-tippers.

But the 21-year-old said he will not pay the fine and vows to fight the case at the magistrates' Court.

The apprentice project manager said he put the two black bin bags on the pavement outside his Brighton home the night before collection day, but they were not collected by the binmen the following day.

Mr Catt said he left the bin bags in the same spot he usually leaves his rubbish at the property he shares with his partner Imiee in Lewes Road. He said he is now requesting a green wheelie bin.

He said: “Since I don’t have a green wheelie bin, I simply put them on the pavement outside my front door. The following day I reported to the council that they hadn’t collected them on the day advertised.

“The fixed penalty notice is for £300, which I simply don’t have. All I did was put some bin bags outside my property ready for collection on the advertised day.”

As fly-tipping is a criminal offence 3GS do not offer an appeal and has insisted Mr Catt pay the £300 fine or face court action, and a possible £2,500 fine and criminal record.

Both 3GS and Brighton and Hove City Council declined to comment.

Mr Catt said the problem stemmed from his flat being above a shop and away from other houses.

He added: “I understand perfectly well the consequences of fly tipping and think it is an offence that should be punished accordingly, but I simply haven’t fly-tipped.

“3GS are just backing me into the corner to pay £300 so I don’t have to go to court. In this situation I am perfectly happy to go to court."

NOTE: Since this story was published 3GS sent Mr Catt The following: "Following a comprehensive investigation into the circumstances that led to the issuing of the FPN, we have found sufficient evidence that enables us to withdraw the penalty, and this has now been facilitated."