accused of fly tipping after rubbish removal

moneyistooshorttomention

Am I the only one that feels sorry for OP?

As far as they were concerned - they had paid that load of scallies to dispose of their rubbish in the correct fashion. That firm didnt - ie because they ARE a load of scallies. That's hardly OP's fault - they paid for a service and didnt get it...and I feel sorry for them. That's an error any one of us could make....very easily....ie trusting a firm that shouldnt be trusted.

dazeavy

thanks for the comments.
I thought that no letters where in the rubbish but one from my wife must have been in there as the letter is addressed to her.
I know it's a too good to be true situation but what's done is done.
I'm planning on telling them exactly what happened and I didn't knowingly dump the rubbish.
any idea what kind of fine etc I might get?
also I read somewhere that is is the transporter and person dumping the rubbish that is accountable. is that correct?
thanks

squinty

wwl wrote: »

How are they going to prove it?

The legislation states

"It shall be the duty of the occupier of any domestic property in England [or Wales] to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes"

The fact that rubbish has been found that allows the council to trace the poster (probably on letters / bills) suggests that either the person disposing of the waste (the scrappie) was a authorised person who was not following the rules, or the more likley that the 'scrappie' was not authorised, and therefore the poster had not reasonable efforts to check.

Reasonable efforts could have included checking the waste transfer licence, or ringing the council to ask if the 'scrappie' was registered.

Person_one

Be honest, grass up the scrap man, accept the consequences for yourself, consider it a lesson learned and finally warn your friends/everybody you know!

dazeavy

thanks. we are worried about about what the punishment may be.
it really was an innocent mistake. in hindsight it was a silly thing to do.

boliston

similar story in our local paper - £170 fine
http://www.somersetcountygazette.co.uk/news/10996022.Tenant_fined_by_Taunton_magistrates_after_men_fly_tip_his_waste/

wwl

squinty wrote: »

The legislation states

The fact that rubbish has been found that allows the council to trace the poster (probably on letters / bills) suggests that either the person disposing of the waste (the scrappie) was a authorised person who was not following the rules, or the more likley that the 'scrappie' was not authorised, and therefore the poster had not reasonable efforts to check.

"suggests that" is not proof. What constitutes "reasonable steps to check"? - I have no doubt that some dodgy operators will show fake license paperwork.
There are all sorts of ways a letter could have got there, and no proof that the adressee had anything to do with it (and maybe not even proof that letter was ever delivered to the address) - could have been anyone in the household. Or someone with a grudge dumping stuff and throwing some letters in deliberately to deflect blame or cause problems for someone they don't like. Or an ID thief who swiped a bin-bag to look for documents and subsequently dumped it.
I suspect that like TV licensing, they rely heavily on confession and threats to get prosecutions.
Telling them that you just asked and accepted "yes mate" is probably worse than saying nothing as it is an admission that you didn't check sufficiently.

eddddy

boliston wrote: »

similar story in our local paper - £170 fine
http://www.somersetcountygazette.co.uk/news/10996022.Tenant_fined_by_Taunton_magistrates_after_men_fly_tip_his_waste/

This guy got a £300 fixed penalty notice, but didn't pay - so got taken to court and fined £1,100...

http://www.northamptonchron.co.uk/news/local/man-fined-1-100-for-allowing-his-waste-to-be-dumped-in-northamptonshire-1-7280302

nimbo

technically the fine could be up to £50'000.

Unlikely to be that high.

What was the rubbish? If it was something that needed very specialist disposal e.g. Asbestos the fine will be larger. If it requires semi specialist disposal eg plasterboard and electronics maybe lots. For 'normal' rubbish fines seem to be be up to £500 or so.

Have a google for your local council to gauge what s likely in you area. It seems to vary.

It is a pain - but the onus really is on the individual to check the waste carrier is licensed. I hope it goes well.

anselld

Check the register to see if the scrap merchant who took the waste is registered ...
https://environment.data.gov.uk/public-register/view/index

If so, shop him in.

If not, your choice of keeping quiet or owning up.