Accused of Flytipping - Advice Needed

UK0106

Hi

I wasn't sure where to put this thread as it doesn't seem to fit anywhere in particular. Please feel free to let me know if it should be posted elsewhere.

Long story short, my sister moved into a house about 6 weeks ago and there was some rubbish dumped on a patch of grass across the road at the time. It's my dad's house which he moved out of the previous week. Fast forward a week and she received a letter from the council asking her to attend a recorded interview in relation to flytipping.

She called the number on the letter the same week (start of November) as did my dad and nobody got back to them until today. The council have asked both my sister and dad to attend separate recorded interviews to talk about the dumped rubbish and have told my sister that they have evidence to show it was her who did it.

The rubbish was definitely there before she moved in (it's actually a common place for people to dump rubbish as it's a cul-de-sac with the patch of grass). She had a lot of rubbish herself that she had to keep in her garden for weeks and put a bit at a time into the black bin for collection.

Her and my dad are planning to attend these interviews but I'm not sure it' a good idea for them to go alone (if at all). Can somebody tell me what would happen if they declined the "invitation" to attend the recorded interview?

Thanks

Guest101

UK0106 wrote: »

Hi

I wasn't sure where to put this thread as it doesn't seem to fit anywhere in particular. Please feel free to let me know if it should be posted elsewhere.

Long story short, my sister moved into a house about 6 weeks ago and there was some rubbish dumped on a patch of grass across the road at the time. It's my dad's house which he moved out of the previous week. Fast forward a week and she received a letter from the council asking her to attend a recorded interview in relation to flytipping.

She called the number on the letter the same week (start of November) as did my dad and nobody got back to them until today. The council have asked both my sister and dad to attend separate recorded interviews to talk about the dumped rubbish and have told my sister that they have evidence to show it was her who did it.

The rubbish was definitely there before she moved in (it's actually a common place for people to dump rubbish as it's a cul-de-sac with the patch of grass). She had a lot of rubbish herself that she had to keep in her garden for weeks and put a bit at a time into the black bin for collection.

Her and my dad are planning to attend these interviews but I'm not sure it' a good idea for them to go alone (if at all). Can somebody tell me what would happen if they declined the "invitation" to attend the recorded interview?

Thanks

The council would have no evidence....

The point of these interviews is not to determine innocence, but rather guilt.

Im not saying she isnt going to be found guilty, i dont know. But i would always politely decline to comment

maninthestreet

Ask them to provide evidence that proves she did it BEFORE you agree to attend the recorded interview.

Cheeky_Monkey

If you are 100% sure that your sister didn't do it then the Council can't have any evidence against her can they.

It could just be a case of mistaken identity or a letter or something with her name on it blowing across the road in the wind and landing on the pile of rubbish and it's been picked out by the enforcement team.

Either way, rather than be difficult by refusing to attend, I would just go there as requested and sort it out there and then.

Guest101

Cheeky_Monkey wrote: »

If you are 100% sure that your sister didn't do it then the Council can't have any evidence against her can they.

It could just be a case of mistaken identity or a letter or something with her name on it blowing across the road in the wind and landing on the pile of rubbish and it's been picked out by the enforcement team.

Either way, rather than be difficult by refusing to attend, I would just go there as requested and sort it out there and then.

I don't think it's being difficult refusing to attend. If they have a case let them present it.

The most important part of the caution: 'you do not have to say anything'...

G_M

I hate flytippers, and applaud any council which takes it seriously.

Having said that, if neither dad nor sister are responsible, the only evidence there could be would be

* a fraudulant claim by a witness (perhaps diverting attention?)
* a letter blown across as suggested above
* mistaken identity (again a witness? or CCTV?)

Best to find out and deny.

UK0106

maninthestreet wrote: »

Ask them to provide evidence that proves she did it BEFORE you agree to attend the recorded interview.

I did suggest this to her but we were wondering whether they'd say they wouldn't provide the evidence beforehand (kind of how the police don't provide their evidence until they interview you).

I guess the main concern is wondering what would happen if she declined to attend the interview. Would she be arrested? She has a young daughter and wouldn't want her to see that happen.

UK0106

G_M wrote: »

I hate flytippers, and applaud any council which takes it seriously.

Having said that, if neither dad nor sister are responsible, the only evidence there could be would be

* a fraudulant claim by a witness (perhaps diverting attention?)
* a letter blown across as suggested above
* mistaken identity (again a witness? or CCTV?)

Best to find out and deny.

As far as we can tell, a neighbour reported the rubbish to the council. We think we know who it was as there are only 6 houses on the street and they've always been friendly with my dad and know the family so we don't think that they would have lied (although you never can be certain) or that they would have done it and are accusing my sister to cover their own backs (they're quite an elderly, frail couple).

We've been speculating and are thinking the council maybe asked questions about whether anybody had recently moved in or out of the street, put 2+2 together and made 1500.

It can't have been a letter with her details on that they saw because she didn't have anything with her name on it at that address at the time (she'd only been there a week). The letter from the council was produced the day after she registered for council tax at the address which is how we assume they knew to write to her at the address rather than my dad.

My concern is that the council are out to get a confession and will try and trip my sister up. They've told her my dad can't attend her interview because they want to interview him separately and she's concerned about being alone (she's not confident with articulating herself especially when nervous). She knows she hasn't done anything wrong but I don't think it;s fair for her to have to attend this recorded interview (which I assume will have to be recorded under caution given what I've read) without telling her what evidence they think they have up front.

Cheeky_Monkey

Surely if she refuses to attend, it will just look like she's got something to hide. It's probably just a mistake or something but she can't refute the evidence against her until she knows what it is and she won't know what it is unless she attends.

Besides, the next 'invitation' she receives might just be from the Police instead and, as you've said, she won't want that to happen.

Afterall, the Council don't do these recorded interviews for the sake of their health - they have powers and will obviously use them to get her and your dad to comply with their request one way or another.

Cheeky_Monkey

UK0106 wrote: »

My concern is that the council are out to get a confession and will try and trip my sister up

For goodness sake, they're not the Gestapo.

Talk about making a mountain out of a molehill. At the end of the day, it's her decision whether she goes or not but if she doesn't, then she will have to take the consequences.

supermassive

They're not the police, they're the council. Tell them under no circumstances is anybody going to attend anything until they're all fully aware of the 'evidence'. As it's not "evidence" it's "information" because they're the council and not the police, you can obtain any "information" they think they hold via freedom of information.