Accused of Flytipping - Advice Needed

Guest101

supermassive wrote: »

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.

Incorrect.

FOI requests never cover personal data.

Subject access request under the DPA may provide this, but if an on going investigation, unlikely as there are exemptions.

This is evidence, the council may begin proceedings. But regardless neither the council, nor the police, can force you to speak. ' you do not have to say anything ...'

Cheeky_Monkey

supermassive wrote: »

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.

But let's not forget that flytipping is actually a criminal offence so the Police could get involved if the Council refer the matter to them because they are not able to investigate themselves due to her refusal to attend.

UK0106

Cheeky_Monkey wrote: »

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.

With respect, I was asking a simple question about whether anybody actually knew what would happen if she declined the invitation, which is all it is at this stage.

I'm not happy with the council using scare tactics to get people to comply with what they want them to do, which is why I'm trying to understand the process.

You've provided your opinion so thank you, but there's really no need to be so dismissive about people's fears just because you don't agree with them.

mjoneseyjones

Guest101 wrote: »

1: I've been interviewed under caution, once. And decided to learn the meaning.
2: your posts are becoming more and more abusive, and without any merit. You simply claim they are incorrect, but never offer advice. And never disprove any of my posts.
3: reported, same as the last one, and any others which u decide to post in a silly attempt to discredit perfectly valid advice.

So the experience you possess that gives you the ability to provide such authoritative guidance on this situation is that you were interviewed under caution, once, for an unspecified incident presumably very different to this one?

This is what I'm talking about -Do you think you should maybe put a disclaimer on your advice in future stating that you aren't qualified to impart your wisdom, other than by your own limited experiences, regardless of how definitive you like to make said 'advice' sound?

There was nothing remotely abusive in my post. It was rather unflattering regarding your content, but that does not constitute abuse, so grow up.

stator

Islington Council:

What will happen if I fail to attend an interview?

If you fail to attend an interview without a good reason it will not prevent Islington Council from taking further action. This could include prosecuting you in the criminal courts. It is therefore very important that you do not ignore the interview appointment letter.

From what I've read they won't even speak to you about the matter until the interview, because anything you say hasn't been done under caution

UK0106

stator wrote: »

Islington Council:

From what I've read they won't even speak to you about the matter until the interview, because anything you say hasn't been done under caution

Thank you.

Guest101

mjoneseyjones wrote: »

So the experience you possess that gives you the ability to provide such authoritative guidance on this situation is that you were interviewed under caution, once, for an unspecified incident presumably very different to this one?

This is what I'm talking about -Do you think you should maybe put a disclaimer on your advice in future stating that you aren't qualified to impart your wisdom, other than by your own limited experiences, regardless of how definitive you like to make said 'advice' sound?

There was nothing remotely abusive in my post. It was rather unflattering regarding your content, but that does not constitute abuse, so grow up.

1: it's really none of your business why I was questioned. I do not require experience to form an understanding of the caution. Which is very clear that 'you do not have to say anything'. The interview is conducted to gain evidence of guilt, not innocence. At the end of the day whatever you, or anyone else, chooses to say or do is on their respective shoulders. My advice, given this is an open forum, would be to politely decline. There is always time to make any comments should it go to court. At this stage it is an investigation. The purpose is to gain evidence for a prosecution.

2: I don't need to provide any statement. Again this is a public forum. Designed to provide advice and guidance. If the OP or whoever chooses to not seek professional legal advice, that is their choice. I do not force my advice on people. I suggest instead if u disagree u present a counter argument. Something u have failed to do thus far.

3: I'll take whatever action I feel reasonable. If the moderators agree they will remove your posts, and eventually your access.

Peter333

Oh dear OP. Your sister is in a bit of a conundrum.

I would - if it were me - definitely go. I think it's a bad idea not to. The council may not be the police, but they can - and will - press charges against you, and have you in court. And remember fly-tipping is taken VERY SERIOUSLY. Please do not forget that.

I would go to clear my name. If she didn't do it, then there is no way they can have any proof. Maybe they can take a legal representative with them? I would recommend they do.

This is an example of one council, but they all pretty much work in the same way.

http://www.hounslow.gov.uk/fly_tipping

Pay particular attention to this paragraph from that article.

The fly tipping of controlled waste, which requires a waste management licence for its treatment or disposal, is a serious criminal offence which carries a fine of up to £50,000 or one year imprisonment. If the case is very serious and goes court, an unlimited fine may be imposed and the prison term can be up to five years.

I think some people on here are being way too flippant about this, as it is classed as pretty serious. I agree with Cheeky Monkey's post. It is very unwise to ignore this.

I would strongly recommend they both go.

jc808

agreed with guest101 why go and tie yourself in knots

i wouldnt attend

[Deleted User]

A lot of bad-tempered posts in this thread.

I do think it important that the OP clears his/her name. I'd also go to see what (if any) "evidence" has been gathered by the Council.

All that anyone interviewed has to state is that they are not responsible for the dumped rubbish.

The Op need only genuinely worry if the Council do have irrefutable evidence. This, of course, would only be the case if the rubbish was dumped in fact by his/her sister.

No one is going to be prosecuted if they are innocent and the Council won't proceed on flimsy evidence.