Accused of fly tipping. Interview under caution

Comms69

dodds23 wrote: »

Good afternoon,

Similar situation to the post. My brother who lives in the same road as me was contacted and told he had disposed of a bag of household goods behind a block of flats where *I* live. We do not share the same forename but do surname.

The picture of the offending waste had a letter addressed to my late father in it, We have been sorting probate for his estate. My brother has said it can't have been him as he has never dumped a bag there, So he gave my details. I have contacted them and they have sent me three pictures with names and addresses of letters in the bag, one of my fathers and two of persons I've never heard of.

I've asked them for proof or evidence that there is anything with my name on it, they have negated to answer but said I must go in for an interview. Surely I cannot be liable for something not in my name, with no other evidence but seemingly only linked because my brother said I lived there?

Thank you in advance.

Start your own thread, but the advice is the same.


You are not mandated to attend.

dodds23

Thank you.

I couldn't see where to start my own thread, Hence hijacking this one.

CarrieVS

dodds23 wrote: »

I couldn't see where to start my own thread.

Go back to the House Buying, Renting & Selling forum page. Below the title on the left hand side is a pink button that says "New Thread"

loonywitch

EachPenny wrote: »

It depends on the circumstances - a FPN might be cheaper than legal representation in court, a fine, victim surcharge, plus costs.

I reitterate the point - the OP needs to get legal advice on their situation, rather than having helpful people make suggestions about laying low and hoping it all goes away.

As for the 'travesty of justice', that is the point I'm trying to make to General Applause. Assuming the Council don't have any evidence, or that you will get your day in court, is a potentially dangerous approach to adopt. If the Council go down the FPN route (at little cost to them) then the onus is placed on the recipient to challenge the penalty. If you are innocent it may make little sense to keep quiet and then having to deal with the FPN when it arrives. Hence the recommendation to seek legal advice. (Just FYI, I have been involved in the introduction of FPN enforcement for certain environmental offences)


You are assuming the council department responsible for enforcing fly tipping is legally able to obtain address details of an individual being housed by the council department responsible for housing. (Clue: just because they are both council departments doesn't automatically mean they can hand over people's personal data. Council tenants have rights too.)


Obviously, but your advice was to "sit tight, ignore the 'invite' and see what the council do" if "the OP is absolutely certain that the rubbish bags did not contain anything with her name and address on". The question I was asking is how you would adapt that advice if the OP is not sure?
(Less obviously, if the items are dated some weeks/months before they moved out then the 'landlord' excuse is less easy to use)

Don't let your prejudice about 'money-grabbing' councils blind you to other possibilities. First and foremost councils want to stop flytipping.

I can see two other possible scenarios:-
1) They are broadly aware of the OP's circumstances and want to gather further information before deciding what to do (including considering the 'public interest' test).
2) They believe the Landlord to be responsible, but need the OP's confirmation of their suspicions before they can act. Bear in mind that (if responsible) the landlord will have flytipped the waste in a business capacity and therefore is of far greater interest to a 'money-grabbing' council.

The difficulty of getting the advice doesn't alter the need for it.

Councils are battling against flytipping more and more - they are trying to prosecute where possible these days.

Unfortunately, it is the tenant’s responsibility to ensure they’re rubbish is disposed of correctly. People give excuse after excuse as to why they haven’t but the council have round here have prosecuted that person if the rubbish has proven to be theirs!

If you have evidence that you were otherwise engaged at the time of moving out (letter from hospital etc) then provide it and the matter will be dealt with quickly.

Comms69

loonywitch wrote: »

Councils are battling against flytipping more and more - they are trying to prosecute where possible these days.

Unfortunately, it is the tenant’s responsibility to ensure they’re rubbish is disposed of correctly. People give excuse after excuse as to why they haven’t but the council have round here have prosecuted that person if the rubbish has proven to be theirs!

If you have evidence that you were otherwise engaged at the time of moving out (letter from hospital etc) then provide it and the matter will be dealt with quickly.

It's irrelevant. The case will not be proved beyond reasonable doubt

loonywitch

Comms69 wrote: »

It's irrelevant. The case will not be proved beyond reasonable doubt

Providing the OP has given all the facts.

But my comment was more aimed a councils are notorious for money grabbing and would be a FPN. I couldn't mess about shortening the quote because I was doing it on my mobile.:rotfl:

markin

I bet most 'fly tipping' nowadays is in alleyways where the bins were replaced for tiny bins or they are collected every 2 or 4 weeks, Plus rules they they cant simply pick up a dam bag, so entirely self inflicted. And EU rules on landfill.