Skip left on my property

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Comments

  • J_B
    J_B Posts: 6,443 Forumite
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    I think that all legal/official avenues are going to tale a long time to resolve if, as you think, the skip owner is in cahoots with the builder.

    Maybe an illegal way would bring a faster resolution, but of course you wouldn't do that, would you!!! ;);)
  • lush_walrus
    lush_walrus Posts: 1,975 Forumite
    Pay another skip company to empty and deliver the skip back to the original company.
  • bertiewhite
    bertiewhite Posts: 1,904 Forumite
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    Do you know where the builder's work/home premises are?

    Perhaps you could "return" the rubbish to its rightful owner?
  • MX5huggy wrote: »
    Careful empty the skip and then move skip to the highway then refill.

    Or empty into another skip get that carted away then sell the empty skip to cover your costs.

    How do you suggests he moves it?

    He'll need to get a permit, cones and lights for it to be on the road.
  • FreeBear wrote: »
    The OP may well be able to get the council to pursue it as a case of fly tipping if waste is being dumped from another site. Certainly one avenue worth exploring.

    It's not fly tipping he was the own who rented the skip.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    It's not fly tipping he was the own who rented the skip.
    The OP says that the builders rented the skip, so if they are now using it to place waste from other jobs on the OP's land, it is fly-tipping, which is a criminal, not a civil offence.

    I think this avenue is worth exploring, but much depends on how pro-active the council's staff are and how easy it will be to prove. Video evidence, possibly.
  • SkipWoes wrote: »
    Trouble is, ive used the small claims court before to try and recover money. And even though the court ruled in my favor and bailiffs were appointed, nothing happened and ive never seen any money back (including the SCC fees!). So i really dont want to go down that route.

    I have an information pack about the SCC from Trading Standards somewhere, and the bit I recall is where it says that the SCC have no powers of enforcement. So if a trader ignores their ruling your only recourse is to go to the County Court, thereby incurring all the costs that the SCC is supposed to be avoiding. Presumably most rogue traders worth their salt will know that the SCC is a toothless watchdog.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
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    Davesnave wrote: »
    I think this avenue is worth exploring, but much depends on how pro-active the council's staff are and how easy it will be to prove. Video evidence, possibly.

    Which is why I only tentatively suggested the idea ;)

    To further respond to the point Warwick Hunt makes, if the builder hired the skip and kept it on his premises for the purpose of disposing of waste from multiple sites then yes, it is 'his' skip to dump waste in and it wouldn't be flytipping. But transporting waste from one worksite and dumping it in a skip at another worksite enters into a grey area. Given the OP has not authorised the use of the skip on his land as a place for the builder to deposit waste from other sites then it seems fairly clear that a case of flytipping could be established.

    The council may take an interest regardless of evidence (although the contents of the skip may be evidence enough). If the builder is not complying with the requirements to handle his waste correctly, then it is entirely possible that on other jobs his disposal method is to tip his truck in quiet country lanes.

    Depending on the 'attitude' of the builder it might be sufficient to just mention to him in passing that unless the skip vanishes pronto contact will be made with the authorities regarding unauthorised disposal of construction waste. Obviously only the OP knowing the builder in person will know whether that kind of approach would work, or if it would just aggravate the situation.
    "In the future, everyone will be rich for 15 minutes"
  • Davesnave wrote: »
    The OP says that the builders rented the skip, so if they are now using it to place waste from other jobs on the OP's land, it is fly-tipping, which is a criminal, not a civil offence.

    I think this avenue is worth exploring, but much depends on how pro-active the council's staff are and how easy it will be to prove. Video evidence, possibly.

    It's not, they are placing it in a skip they hired and are trespassing to do so.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    It's not, they are placing it in a skip they hired and are trespassing to do so.
    Surely it depends if the skip has been hired.

    If no payment has been made, then the builders are at fault for not arranging to dispose of controlled waste correctly, especially if it comes from a number of jobs.

    If payment has been made, then the skip company are in probably in breach of the regulations covering their business, so could face having their licence revoked for a continued offence.

    This is why it's important for he council to pin both of them down over what's happening. Ultimately, I suspect the skip company have most to lose here.
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