Wrongly Accused of Fly Tipping - Help!

Guest101

Special constables are exactly like normal police - same training, same powers, same equipment. However they are volunteers, and generally work part time (though nothing stopping a special being full time - aside from money ofcourse). There's a good chance you'll have seen, or even spoken to, a special without realising it. The uniform is the same.

thegirlintheattic

Guest101 wrote: »

Yep, correct, but it is spent after 5 years. 4 months to go for me!

Cautions are spent immediately, but will always show up on an enhanced CRB check.

https://www.askthe.police.uk/content/q562.htm
http://www.cps.gov.uk/legal/a_to_c/cautioning_and_diversion/

Guest101

thegirlintheattic wrote: »

Cautions are spent immediately, but will always show up on an enhanced CRB check.

https://www.askthe.police.uk/content/q562.htm
http://www.cps.gov.uk/legal/a_to_c/cautioning_and_diversion/

Not all cautions, it can vary depending on the type of caution someone receives, it is common to be active for 5 years (such as mine)

Should point out that in my case, I cannot apply for the police service for 5 years after receiving the caution. Conditional cautions are spent after 3 months. But there are other criteria in which the caution is 'active' for want of a better word for upto 5 years.

joujou

morpheusfire wrote: »

molerat, I hope you're joking about Mr Plod!

The box was left at the "old" collection point, however, I have taken photos to prove that the "old" collection point was is still in use and the "new" collection point has been ignored.

If they were to prosecute anyone for leaving rubbish at the "old" collection point, they would have to prosecute every single resident of the block!

The issue of the "old" and "new" collection point is the one which really concerns me. However, the precedent for collection is that the "old" point is the one which is currently in use. Don't know if that would hold up in court if they choose to take this further.

Technically you did commit fly tipping.

The fact that other people also do, but were not caught usually does not hold up in court.

You have admitted here, and it appears that you have admitted it on the phone with the council clerk.

You also potentially have self incriminating evidence that you did commit fly tipping and are well prepared to present it to the police!!!

I would cease all this nonsense and talk to a lawyer. Seriously. Get professional legal advice.

The system is not there to help. Once you're in it, it only gets worse.

olly300

morpheusfire wrote: »

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!

OP means "original poster" which in this thread is you. This abbreviation is used on a few other forums.

morpheusfire

joujou wrote: »

Technically you did commit fly tipping.

The fact that other people also do, but were not caught usually does not hold up in court.

You have admitted here, and it appears that you have admitted it on the phone with the council clerk.

You also potentially have self incriminating evidence that you did commit fly tipping and are well prepared to present it to the police!!!

I would cease all this nonsense and talk to a lawyer. Seriously. Get professional legal advice.

The system is not there to help. Once you're in it, it only gets worse.

Committing fly-tipping through placing rubbish in an area where it is normally collected is an allegation which I have informed the Council I will contest separately if necessary. I've informed them that if the interview approaches this issue I will refuse to answer the questions and will take legal advice separately.

The only questions I intend to answer are in relation to the 2 small cardboard boxes I placed in the rubbish collection area which ended up on top of the wood.

I also intend to make it clear that I won't be accepting any warning, caution or fine from the council as I don't believe I have committed any offence.

I have spoken to a Barrister who agrees with my approach and has agreed to represent me in court if the matter goes that far.

I know if at any point I feel uncomfortable I can leave the interview, but I think the best way forward on this is to make the Jobsworths at the council feel better. I can do that by answering the questions honestly and sticking to the point - i.e. the picture they have shown.

The interview is tomorrow, so hopefully it goes well!

Guest101

morpheusfire wrote: »

Committing fly-tipping through placing rubbish in an area where it is normally collected is an allegation which I have informed the Council I will contest separately if necessary. I've informed them that if the interview approaches this issue I will refuse to answer the questions and will take legal advice separately.

The only questions I intend to answer are in relation to the 2 small cardboard boxes I placed in the rubbish collection area which ended up on top of the wood.

I also intend to make it clear that I won't be accepting any warning, caution or fine from the council as I don't believe I have committed any offence.

I have spoken to a Barrister who agrees with my approach and has agreed to represent me in court if the matter goes that far.

I know if at any point I feel uncomfortable I can leave the interview, but I think the best way forward on this is to make the Jobsworths at the council feel better. I can do that by answering the questions honestly and sticking to the point - i.e. the picture they have shown.

The interview is tomorrow, so hopefully it goes well!

Best of luck do tell us how it goes, please.

You know what i've suggested so far did you get a written statement ready?

Also the fly tipping could be a technicality, whereby they believe that is the offence you have commited, and whilst minor, they are sticking to the letter of the law.

Be wary, confirm in the interview, on tape that you are neither arrested, nor detained. Keep answers brief and to the point. Be ready to use your rights, IE terminate the interview and leave, do not 'ask' to leave. State it as fact.

I honestly believe the questions will lead to that point, and whilst they may appear friendly in the interview, they will have done their homework and know wht technicality they need to trip you up. So take your time, and if you feel pressured, as for a break, refer back to your statement.

SnooksNJ

joujou wrote: »

Technically you did commit fly tipping.

The fact that other people also do, but were not caught usually does not hold up in court.

You have admitted here, and it appears that you have admitted it on the phone with the council clerk.

You also potentially have self incriminating evidence that you did commit fly tipping and are well prepared to present it to the police!!!

I would cease all this nonsense and talk to a lawyer. Seriously. Get professional legal advice.

The system is not there to help. Once you're in it, it only gets worse.

I want to know how much is it costing the taxpayers for police and council employee's to investigate a cardboard box? Send a warning not to leave stuff there and use police resources to investigate people walking around with machete's

Soubrette

joujou wrote: »

Technically you did commit fly tipping.

The fact that other people also do, but were not caught usually does not hold up in court.

You have admitted here, and it appears that you have admitted it on the phone with the council clerk.

You also potentially have self incriminating evidence that you did commit fly tipping and are well prepared to present it to the police!!!

I would cease all this nonsense and talk to a lawyer. Seriously. Get professional legal advice.

The system is not there to help. Once you're in it, it only gets worse.

Genuine Question. Have you technically fly tipped if the council picks up the rubbish from the wrong place?

Surely if you leave rubbish in the wrong place and the council picks up rubbish from the wrong place, they are tacitly agreeing that that can be a rubbish pick up point?

morpheusfire

Soubrette wrote: »

Genuine Question. Have you technically fly tipped if the council picks up the rubbish from the wrong place?

Surely if you leave rubbish in the wrong place and the council picks up rubbish from the wrong place, they are tacitly agreeing that that can be a rubbish pick up point?

Very good point.

Essentially, per Section 34 of the Environmental protection act of 1990; I, as a waste holder and a house holder have a reasonable duty of care to ensure that the person who collects my waste - i.e. the bin men who I have commissioned through the payment of council tax - is registered.

The determination of "Reasonable duty of care" and taking "Reasonable measures" are for the court to determine and not the power hungry council jobsworths.

Leaving waste which is always collected without fuss (the 2 cardboard boxes) in the regular rubbish collection point at the regular rubbish collection time is a reasonable duty of care and definitely a reasonable measure!

Still can't believe they are paying someone to investigate this. The individual's salary could easily be replaced by 10-15 well placed cameras at fly-tipping hotspots.It's an absolute disgrace.