Waste Disposal - Interview under caution

Yorkie1

WhiteHorse wrote: »

True, but it should also be pointed out that a conviction cannot be obtained simply by silence + no evidence. There must be something else.

Yes, that's right. In this case, I might expect the 'something else' to be along the lines that a few bin bags of rubbish have been found dumped where they shouldn't have been, and that there is evidence that those bags came from the OP's household.

Yorkie1

jamie11 wrote: »

That may be true, I don't know, but I would be surprised if the council had any formal powers of arrest. I believe that would be a prerequisite to an interview under caution.

The council have no powers of arrest, you are right.

But an arrest is not a pre-requisite to an interview under caution.

Yorkie1

Norman_Castle wrote: »

Assuming your rubbish is a standard amount of domestic waste and you are a council tax payer, what reason would you have to flytip?. The shop, as a buisiness, has to pay for waste disposal, so they, or whoever took their waste has a reason to dump the waste illegally. Its likely your rubbish was taken with the landlords waste.

That's a reasoned argument which the OP should think about. But if the OP doesn't attend the interview, or put this forward as a possibility, then the council won't suppose this as a possibility. They will have the evidence of the fly-tipping and its links to the OP. Which is why I keep reiterating that silence by the OP, once presented with evidence of their 'involvement' by the council, can be counter-productive for them.

lynzpower

Yes you can go into the Pace interview and say nothing but honestly, the truth is a lot better.

Its likely you will be shown all the evidence in the PACE interview: after all thats the point. To ask your perspective on the evidence that they have found.

Sitting mute will do you no favours.

What did the EHO who was dealing with the mouse infestation think of the bin situation? Do you have to store your waste in the house until collection day? Thats not exactly ideal.

newten

lynzpower wrote: »

What did the EHO who was dealing with the mouse infestation think of the bin situation? Do you have to store your waste in the house until collection day? Thats not exactly ideal.

I have not mentioned it to my EHO. I am not sure, should I do that or not?

Any suggestions......

newten

I do have a text from LL saved in my mobile phone saying me to leave.

Does anybody has an idea, what will be asked at the interview (anybody gone through it)?

In case, fly tipping is established......... will it be criminal record and will be mentioned on CRB?

olly300

newten wrote: »

I have not mentioned it to my EHO. I am not sure, should I do that or not?

Any suggestions......

You should have done that.

When dealing with EHO's about complaints mention everything however insignificant you think it is. A point you think is insignificant can actually be a big deal.

Anyway attend the interview with a solicitor and bring stuff with you showing who your landlord is and your complaints against the landlord. If you have evidence to show that the landlord also owns the shop make sure you have it with you.

olly300

newten wrote: »

I do have a text from LL saved in my mobile phone saying me to leave.

Does anybody has an idea, what will be asked at the interview (anybody gone through it)?

In case, fly tipping is established......... will it be criminal record and will be mentioned on CRB?

A text from the LL saying leave is meaningless in itself. However a verbal threat against you should be reported to the police asap.

It's illegal to harass tenants.

BTW the council is only interested in the fly-tipping. You need to give them reasonable grounds to believe that it wasn't you who was the culprit.

First thing tomorrow dig out your insurance policies or whatever and get help from a legal helpline.

vax2002

The Interview is not to sit down and hear your excuses and decide it has all been a big mistake, I think a few on hear have been watching too much television.
It is to question you to obtain information that can be used against you in a criminal prosecution.
They dont do excuses or anything else.
They can totally IGNORE anything you say that may prove your innocence and only use small parts of what you say that prove your guilt.
If you have done nothing wrong, you are under no obligation whatsoever to attend anything and if they dont like that they can ask the police to arrest you and then and only then will you be entitled to free legal representation who CAN put your side forward and in to an official statement to be used to counter balance the allegation.
The notion that availing yourself of your legal rights will "look bad" is complete and utter hogwash.
These are dangerous people on a mission to make a name for themselves and they could not care less one bit how innocent you are, they only care about the result and obtaining it.

pararct

lynzpower wrote: »

Yes you can go into the Pace interview and say nothing but honestly, the truth is a lot better.

Its likely you will be shown all the evidence in the PACE interview: after all thats the point. To ask your perspective on the evidence that they have found.

Sitting mute will do you no favours.

What did the EHO who was dealing with the mouse infestation think of the bin situation? Do you have to store your waste in the house until collection day? Thats not exactly ideal.

The interviewing party will not disclose existing evidence unless they feel it will assist their case in gathering further evidence against the interviewee.

OP Unless you can take a legally qualified person with you to advise you how and what to answer do not attend this interview. You are under no obligation to do so but it would be polite to let them know you are declining their invitation. If they think the evidence is strong enough they will come and arrest you or summons you directly. In both cases you will probably be entitled to free legal representation.

The explanations you have already placed in this thread in the fact that you live above commercial premises are a council tax payer and have no reason to fly tip will be enough to convince a Court, after all why inconvenience yourself when all you have to do it put it in a bin or bag and place it for the dustmen.

The one and only reason they wish to interview you under caution is to gather further evidence against you to secure conviction. If they could be bothered to do their jobs properly they could call round and see you live above commercial premises and the fly tipping may well be connected to them.