We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
Waste Disposal - Interview under caution
newten
Posts: 6 Forumite
Hi,
Today, I have been received a letter from my council calling me for a formal interview under caution on XXX date.
The letter says, " The council's Environment & Street Scene Directorate has found waste deposited on XXX site that contained evidence leading to your name and/or address."
I did not get what is this and what has happened as I put my rubbish bin out only on collection day.
I am renting a flat above the shop. The landlord's family is running a shop under that flat. I had complained against my landlord to the council for housing problems that landlord was not willing to do that (no smoke alarm in property, mould, mice etc). The landlord asked me to leave. I told him to send me an eviction notice but he did not send anything in writing.
The shop's back door opens in my garden (not garden exactly but some fenced place at the front door) and they do use it to place their litter bags or going out sometimes. So, both of us share that place/area. Anybody can open the fence and come in. Sometimes, people, walking past my place throw rappors/emplty wine bottles inside the fence.
Now, I have three questions.
1)- Is it done by my landlord's family to force me to leave the place?
They might have picked my litter bag from my garden and put on that place and calling/leading to the council to check it?
2)- What should I do now about that interview?
3)- Is finding a name/address enough to proof it? If they find my name and address on a dead body, does it mean that I have killed that man?
Today, I have been received a letter from my council calling me for a formal interview under caution on XXX date.
The letter says, " The council's Environment & Street Scene Directorate has found waste deposited on XXX site that contained evidence leading to your name and/or address."
I did not get what is this and what has happened as I put my rubbish bin out only on collection day.
I am renting a flat above the shop. The landlord's family is running a shop under that flat. I had complained against my landlord to the council for housing problems that landlord was not willing to do that (no smoke alarm in property, mould, mice etc). The landlord asked me to leave. I told him to send me an eviction notice but he did not send anything in writing.
The shop's back door opens in my garden (not garden exactly but some fenced place at the front door) and they do use it to place their litter bags or going out sometimes. So, both of us share that place/area. Anybody can open the fence and come in. Sometimes, people, walking past my place throw rappors/emplty wine bottles inside the fence.
Now, I have three questions.
1)- Is it done by my landlord's family to force me to leave the place?
They might have picked my litter bag from my garden and put on that place and calling/leading to the council to check it?
2)- What should I do now about that interview?
3)- Is finding a name/address enough to proof it? If they find my name and address on a dead body, does it mean that I have killed that man?
0
Comments
-
You're being invited for an interview under caution (PACE caution which is exactly the same regime as the Police use), you will not be under arrest and you can leave the interview at any stage. The interview should be taped (or recorded digitally) and you will be entitled to a copy. You can take a solicitor with you.
You may have already been read the caution if you have already met one of the council officers, if not then once they have established your identity and address you can expect them to read you the formal caution. If you are already under caution then the interview will be a continuation of the process.
Depending on the outcome of the interview the council will decide whether to take the matter to court - or they might decide to deal with the matter in some other way.
It sounds scary (and is) - they must already have a reason to believe that there is possibly a case for you to answer.
I would ask the council for a copy of their prosecutions policy in advance of the interview - postponing the interview by mutual consent if necessary. Just check that your scenario is covered by their policy...... (and that the interviewer is properly authorised by the council to caution and interview you) - councils can be a bit slack on this!
If you have access to a legal advice line then it might be worth a call (you sometimes get this as a perk of belonging to a union or having contents insurance etc)0 -
1) Nobody on here knows how the waste got to the flytipped area. It could have been anyone. You have the evidence that anyone had access to the area, although it's rather random for someone unrelated to either you or the LL to have deliberately taken your rubbish and dumped it somewhere.
The council won't tell you whether there was an anonymous tip-off but you could always suggest that the LL / someone connected to him has done this and then rung the council to get you into trouble. If you have evidence of your complaint to the council about the LL, it may help give your story some credibility.
2) An interview under caution means you are being considered for prosecution for fly-tipping. This is potentially a serious offence. Does the letter say anything about you being able to bring a legal representative? At the very least I would advise you seek legal advice, some solicitors offer a free half-hour service. But try to select one which has some experience in council prosecutions rather than simple criminal law.
3) In theory yes it is sufficient evidence to prosecute, depending on the other evidence in the case. Yes your other scenario could be enough to start a murder investigation depending on the other evidence in the case. You won't help your cause one little bit by trying to argue that sort of thing in the interview though. Stick to your story / the facts / your evidence.0 -
They will most likely be asking questions as to how it got there, did you pay someone to remove your rubbish that could have placed it there, etc.3)- Is finding a name/address enough to proof it? If they find my name and address on a dead body, does it mean that I have killed that man?
It does seem however that you are being a little bit careless regarding your identity. Considering what can be used as part identity, I always shred anything that contains my name and address. Sure its easy enough to intercept your post, but why make life easy for them by letting them just dive in your rubbish? I believe your rubbish should be completely anonymous.0 -
If your rubbish is piled up with the landlords/shops then is it possible that they have paid someone to dump their rubbish and yours got taken aswell? might be worth asking the council what the nature of the stuff was (ie shop waste)Be Alert..........Britain needs lerts.0
-
-
They may have a video of the fly-tip .... they are doing this a lot these days.Bringing Happiness where there is Gloom!0
-
paddedjohn wrote: »If your rubbish is piled up with the landlords/shops then is it possible that they have paid someone to dump their rubbish and yours got taken aswell? might be worth asking the council what the nature of the stuff was (ie shop waste)
Rubbish Collection Point/Place is right in front of the shop (it is a corner property). All people of the area put their rubbish on that point for collection on collection day.0 -
1) Nobody on here knows how the waste got to the flytipped area. It could have been anyone. You have the evidence that anyone had access to the area, although it's rather random for someone unrelated to either you or the LL to have deliberately taken your rubbish and dumped it somewhere.
The council won't tell you whether there was an anonymous tip-off but you could always suggest that the LL / someone connected to him has done this and then rung the council to get you into trouble. If you have evidence of your complaint to the council about the LL, it may help give your story some credibility.
2) An interview under caution means you are being considered for prosecution for fly-tipping. This is potentially a serious offence. Does the letter say anything about you being able to bring a legal representative? At the very least I would advise you seek legal advice, some solicitors offer a free half-hour service. But try to select one which has some experience in council prosecutions rather than simple criminal law.
3) In theory yes it is sufficient evidence to prosecute, depending on the other evidence in the case. Yes your other scenario could be enough to start a murder investigation depending on the other evidence in the case. You won't help your cause one little bit by trying to argue that sort of thing in the interview though. Stick to your story / the facts / your evidence.
Yes, I do have letters from Environmental officer to Landlord about my issues and yes, I can bring a solicitor with you at the interview.0 -
They will most likely be asking questions as to how it got there, did you pay someone to remove your rubbish that could have placed it there, etc.
It does seem however that you are being a little bit careless regarding your identity. Considering what can be used as part identity, I always shred anything that contains my name and address. Sure its easy enough to intercept your post, but why make life easy for them by letting them just dive in your rubbish? I believe your rubbish should be completely anonymous.
Our postman often drop LL's post in my letterbox and mine in theirs. I suppose, my letter is delivered to their shop and then dumped.0 -
I would definitely take legal advice before attending the interview, and possibly also take a solicitor with you.
In advance, make sure you have got straight all the different ways in which it is possible for your waste to have been dumped there. You may not know in advance whether whole refuse bags were found, or whether it was just an envelope or two among lots of other loose waste. They have to prove beyond reasonable doubt that you were responsible - you may be able to create sufficient doubt ...0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 349.8K Banking & Borrowing
- 252.6K Reduce Debt & Boost Income
- 453K Spending & Discounts
- 242.7K Work, Benefits & Business
- 619.5K Mortgages, Homes & Bills
- 176.4K Life & Family
- 255.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 15.1K Coronavirus Support Boards