Wrongly Accused of Fly Tipping - Help!

shortchanged_2

Be careful, fly tipping is a criminal offence, i.e the police can be involved.

Whilst I am sure your case is perfectly plausible don't take this lightly.
As Lou67 suggests it may well be worth while contacting your CAB for advice.

I_have_spoken

Attend with a solicitor so they know they can't get cute, reply 'no comment' to every question.

[Deleted User]

Others have mentioned it but I think it's worth explaining exactly what a caution is:

A police caution is a formal alternative to prosecution in minor cases, administered by the police and other law enforcement agencies in England and Wales, and in Hong Kong. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution.

A caution will show on an enhanced CRB check for the next 5 years.

If you did not do this do not accept the caution. As others have said you need to talk to a solicitor, if only to make sure that you do not mistakenly admit liability as a caution can only be given if you admit liability. If you don't want to get a solicitor involved (too expensive etc) then at the very least you need to make sure that you make it clear you refuse to accept the caution at every chance.

https://en.wikipedia.org/wiki/Police_caution
https://www.gov.uk/caution-warning-penalty

Kynthia

jamie11 wrote: »

I'm genuinely puzzled...........why should it? Does it have to be declared?

A caution is a conviction. Some people don't realise this when they accept one as they think it's better than going to court and is only a 'telling off' or 'words of advice'. You can't really argue it afterwards as you admitted your guilt and it's possible that it would have never reached court due to lack of evidence.

Only ever accept a caution after legal advice. I know people who have lost their job after accepting one or who could then never become a teacher or nurse like they had always wanted.

OP - I'm not saying it will be this serious for you, but I think that more people need to be aware of the implications of accepting a caution so that they can make an informed decision. As you didn't fly tip the furniture you don't want to accept a conviction for doing so should it get that serious.

Edwardia

On the bright side, at least it's not a Warning, because they can stick you with that, without you knowing what the evidence is and you can't contest it.

You can refuse a caution and then they can refer it to Crown Prosecution Service and really it's often a bully boy thing because they haven't got enough evidence to convict and they know it.

Anyone could have placed your box on that wood.

I'm glad that we make a point of shredding everything with our names and address and other identifiable details on now though !

I think this is really unfair and I'd say don't accept it too.

londonTiger

if they had enough to go by the would be at your door arresting you so relax

olly300

londonTiger wrote: »

if they had enough to go by the would be at your door arresting you so relax

When someone is trying to trip you up you can't relax until they have failed and gone away.

neverdespairgirl

There is a bit of confusion in this thread.

An interview under caution means that you told at the start of it, "you do not have to say anything....."

Accepting or being offered a caution is accepting your guilt in relation to whatever it is, and it does appear on CRB checks and would need to be disclosed.

So phrases such as "whatever you do, do not accept anything under caution" are concerning - they are mixing up the two things!

gazter

neverdespairgirl wrote: »

There is a bit of confusion in this thread.

An interview under caution means that you told at the start of it, "you do not have to say anything....."

Accepting or being offered a caution is accepting your guilt in relation to whatever it is, and it does appear on CRB checks and would need to be disclosed.

So phrases such as "whatever you do, do not accept anything under caution" are concerning - they are mixing up the two things!

The use of the questioning 'under caution' is to intimidate you.

molerat

morpheusfire wrote: »

In a nutshell, someone left a dismantled wardrobe and desk at the rubbish point, I left a small box from Amazon alongside my rubbish at the normal collection point but (stupidly) forgot to remove the address label.

Normally the bin men collect cardboard boxes if they are small and I'm sure they would have done on this occasion had they not been irritated by the wood from the actual fly tippers, but they then took a photo of my box on the wood and reported my details to the council.

A further complication is that the rubbish collection point changed from the side to the front of my apartment block. Everyone still leaves rubbish at the old collection point, I have photographic and video evidence to prove this. Aside from this incident the rubbish men have had no complaints in the last 2 months about the point of collection.

Was the box left at the "old" or "new" designated collection point. If left at the "old" point and not in a bin if so required you probably have committed fly tipping. I fear Mr Plod will be knocking at your door and taking you to the station in their nice shiny car..