Wrongly Accused of Fly Tipping - Help!

spark_deals

Yorkie1 wrote: »

You are wrong.

http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/how-a-conviction-becomes-spent.html

jimbog wrote: »

You will never be allowed to work as a teacher or with young people with a caution attached to your name

Wrong. My clients include small children, vulnerable and elderly adults.

Yorkie1 wrote: »

Again, not necessarily correct. While cautions are indeed revealed in Enhanced DBS checks (formerly CRB), there is no automatic rule that a caution by law must prevent any work forever with vulnerable people. It is up to the employer to decide in individual cases.

In my job, you always have to declare cautions and always show on enhanced CRB.

jimbog

spark_deals wrote: »

Wrong. My clients include small children, vulnerable and elderly adults.


In my job, you always have to declare cautions and always show on enhanced CRB.

I stand corrected - but it appears that it's not something to accept lightly. This was an interesting read.:
http://www.terry-jones.co.uk/appropr...-olds-n-50.htm

morpheusfire

Thanks all for your helpful advice.

I called the council and spoke to the representative (OP?)

I mentioned that I was only going to discuss the evidence he had placed before me (i.e. the photo of me leaving my cardboard box at the regular rubbish collection point adjacent to all the wood)

I also informed him that this would not be a forum to discuss whether or not I had left it at the right collection point. He let me know that this isn't going to be discussed at the interview.

What I didn't tell him was that I have photo and video evidence that this is the regular collection point and I will show it to them in the event that they choose to try to blind side me by bringing that discussion point up.

Finally I informed him that I've sought legal advice and that I am absolutely not guilty of any crime. I will not be accepting any warning, caution or fine and if they choose to prosecute that I will take it to court. I let him know that if the intent is to try to trip me up or discuss anything other than fact that I would end the interview and leave. I also told him that I would repeat the above statements in the interview under caution.

They've asked me to come in for an hour. I'm not sure what on Earth we could discuss for an hour but either way I'll go in there myself and be honest.

Fly tipping definition: [FONT=&quot]the illegal disposal of[/FONT][FONT=&quot] controlled waste is commonly known as[/FONT][FONT=&quot] fly-tipping. There is no specific definition[/FONT][FONT=&quot] of fly-tipping other than in the offences[/FONT][FONT=&quot] set out in section 33 of the Environmental[/FONT][FONT=&quot] Protection Act 1990, including the[/FONT][FONT=&quot] deposit or disposal of controlled waste[/FONT][FONT=&quot] without a waste management licence,[/FONT][FONT=&quot] or its disposal in a manner likely to cause[/FONT][FONT=&quot] pollution of the environment or harm[/FONT][FONT=&quot]to human health.[/FONT]

Leaving small quantities of cardboard which are normally collected without issue at a regular rubbish collection point outside my premises at the designated collection time is not fly-tipping and is not a crime!

Hoof_Hearted

I think this is a sensible approach. I hope it goes well and let us know how you get on. Don't forget to ask how you claim for travelling expenses.

Guest101

I think you're makign a mistake, the police and the council are not there to help you in this case. You re suspected of commiting the offence of 'fly tipping' (shortened as you have defined it above already), this is an investigation as to whether they have enough evidenc to prosecute you for the offence. AND to gather evidence through interview for the same reason.

Why are you going in? There is little to be gained and much to be lost. Refusing to attend the intvitation is not a crime, nor is it admissible in court. What you are doing is admissible in court.

Just genuinely please give me your reasons.

Also can i suggest if you do go through with this, you prepare a written statement which you read out to them, stating your position. After whih you refuse to answer any more questions and terminate the interview. Again clearly state to them they have your position and you will not answer any more questions.

All they do is trip you up once and your done for. And from what i've read you did leave it in the wrong place, so did your neighbours. They refuse to go in, you're the only one that does, guess who's going to court and paying their fine?

morpheusfire

Hi Guest101,

Am not sure if I mentioned that the OP informed me that if I don't come in to answer questions they have a right to have me arrested on suspicion of fly-tipping, have me held in a cell, and then have me interviewed by the same 2 people that would normally interview me!

If that's the case, then I think I may as well go in and read out the information.

I think going in with a statement which I read out is a very good idea as per your suggestion.

I'll answer a couple of basic questions, and if there are questions which are answered by me reading out my written statement I can just refer to that.

Anything more and I'll terminate the interview and call it quits.

By attending and giving the appearance that I am willing to comply I can keep it civil, because frankly I don't want to upset the jobsworths who are hopped up and on a power trip!

Guest101

Fair enough,

Just so you know, you cannot be arrested on the say so of the council, he cannot 'have you arrested'. It's bogus. He an report the offence to the police (which he has done so) and they will conduct an investigation. By arranging to have you interviewed, he is trying to ascertain he has some kind of authority over and and the police. He does not.

You would only be arrested if an arrest warrant was issued against you, or the police believed they had enough evidence that you were the offender, this would be done as arrest by appointment (which is exactly how it sounds). You would not be 'held in the cells', unless arrested under warrant doesnt exist, at a time when an interview was impractical (IE 3am on a friday night).

He's trying to scare you, that's all. All he is doing is supplying evidence to the police (like any other citizen can do) and using his position as a middle man to facilitate this interview (which again anyone can do).

Whatever you do not be intimidated by jobsworths like this. They have an ego complex, and I enjoy putting them in their place.

morpheusfire

I like your approach, and completely respect it.

If they do choose to take me to court then it would be overturned, I don't think they're going to catch me out in interview unless I either lose my composure or move from the plan.

Also, there's an issue which the court will see from inferred silence, and they may then make a larger issue over the regular collection point.

I think if I refuse to come in then it just antagonises everyone, and while it is unlikely to go to court, I'd rather nip this in the bud and be done with it.

I just want this to be about the evidence. I've done nothing wrong and will come prepared (particularly in relation to the regular collection point) just in case they try to blind side me.

Will let you know how I get on and will hopefully get these jobsworths off my back!

Guest101

Completel understand that the hassle can get annoying, so just wish you best of luck and defintely tell us how it goes. Fingers crossed in your favour

londondealer

I'm a copper. A few years ago I witnessed a fly tipping incident off duty and reported the matter. Went to court. To cut a long story short the guy was found not guilty. Looking at the first post that's exactly what would happen here.

There is simply not evidence here in order to get a successful prosecution. Do not under any circumstances agree to a caution receiving one does have employment and travel implications especially to the USA.

If they decide to proceed to go to court so be it let it go that far vp based in what you've said you will be found not guilty believe me!