AN Elvis impersonator and his wife claim they were driven to flytipping after binmen refused to collect their maggot- infested rubbish.

John and Margaret Hill, of Bramston Green, Witham, say the black sacks did not fit inside their wheelie bin and refuse collectors would not take them.

Mr Hill drove to a layby in Station Road, White Notley and Mrs Hill dumped 20 bags of rubbish.

The couple appeared at Chelmsford Magistrates’ Court. He admitted knowingly permitting the dumping of waste and she admitted dumping waste.

They were each told to pay £366 costs, which will be deducted from their benefits.

The court heard a Braintree Council street warden spotted eight black sacks, 12 clear sacks and other items of household waste in the layby on March 5.

Council officers trawled through the bags and found a number of envelopes addressed to Mr Hill, 59, and Mrs Hill, 49. He told the court he was an amateur Elvis impersonator who performs in Witham pubs.

Emma Stenson, prosecuting, said when interviewed Mr Hill said he did not know it was an offence and feared the rats would eat away at his expensive Elvis records.

She said Mrs Hill had told officers she dumped the rubbish because the tip was closed and it could not wait until the next day.

Andrew Andrews, mitigating, said the couple, who have health problems, accepted they should have disposed of the waste in a proper, controlled manner. Magistrates gave the couple a 12-month conditional discharge.

Speaking after the case, Mrs Hill criticised the council, saying it allowed the problem to escalate. She said: “It shouldn’t have gone to court. We put the bags out, but they wouldn’t take it. We wouldn’t have done it if they’d done their job properly.”

Councillor Wendy Schmitt, of Braintree Council, which brought the prosecution, said: “If people flytip rubbish we will catch them.”