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Fly-Tipping Accusation
dodds23
Posts: 16 Forumite
Good afternoon,
I've received a letter from the local council with some accompanying pictures and an invite to attend an interview under caution on 20-03. My brother who lives in the same road as me was contacted also 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/and/or because there is something with my late fathers name on it : as a sidenote my father owned half the property I live in so he sometimes got post etc still sent to our property, but very rarely.
I only really contacted the council out of courtesy, We have a bin per house for the flats and a skeleton key for the bins. We have not dumped anything on our own property for obvious reasons, but infact have historically made alot of complaints about the volume of fly-tipping which has occurred.
Thank you in advance.
I've received a letter from the local council with some accompanying pictures and an invite to attend an interview under caution on 20-03. My brother who lives in the same road as me was contacted also 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/and/or because there is something with my late fathers name on it : as a sidenote my father owned half the property I live in so he sometimes got post etc still sent to our property, but very rarely.
I only really contacted the council out of courtesy, We have a bin per house for the flats and a skeleton key for the bins. We have not dumped anything on our own property for obvious reasons, but infact have historically made alot of complaints about the volume of fly-tipping which has occurred.
Thank you in advance.
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Comments
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I don’t believe you are obliged to take time off work and go for an interview because they’ve found a piece of paper with a relatives name on.
Do you have any legal cover of your home insurance you could call?0 -
So running through my interpretation:Good afternoon,
I've received a letter from the local council with some accompanying pictures and an invite to attend an interview under caution on 20-03. My brother who lives in the same road as me was contacted also 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.
As you haven't definitively said so, and the internet provides a degree of anonymity, did you do it? I'm also curious as to why your brother was contacted first as from the sounds of the below, your address was on the post in the bags? I think there's more to this.My brother has said it can't have been him as he has never dumped a bag there
On an unrelated note, this is the funniest argument I've seen. Usually when people preface with 'it can't have been me because' they introduce evidence that would prove their innocence; ie "I was out of the country on holiday around that time", "I cannot gain access to the block of flats in question" but certainly not "it can't have been me because it wasn't me". Haha. Sorry moving on!So he gave my details.
Great brother you have there, unless as above, you did dump the bags.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/and/or because there is something with my late fathers name on it : as a sidenote my father owned half the property I live in so he sometimes got post etc still sent to our property, but very rarely.
So you've glossed over it (I think deliberately) but are you saying that the letters in the bags are actually addressed to your house? I'm curious why you seem to not portray any worry that someone seems to have access to your fathers mail and/or yours (if it is addressed to your house)? I personally think you did dump them but (as you know) because none of the letters have your name on, are testing the waters for if you can avoid a fine.I only really contacted the council out of courtesy, We have a bin per house for the flats and a skeleton key for the bins. We have not dumped anything on our own property for obvious reasons, but infact have historically made alot of complaints about the volume of fly-tipping which has occurred.
You say you contacted them out of courtesy but began with saying you'd received a letter from the council. One wouldn't say they went to a police station after being arrested out of courtesy. Your choice of wording is also very curious.
If you do have letters addressed to your property then regardless of the fact they don't have your name on them, they can enforce on you as it's obvious the letters came from your house.
If it's the case the letters aren't addressed to you but your father then I think you have something bigger to worry about in the fact someone seems to not only have access to your fathers post, but also seems to be dumping it behind your house.Thank you in advance.
You're welcome.Know what you don't0 -
I don’t believe you are obliged to take time off work and go for an interview because they’ve found a piece of paper with a relatives name on.
Do you have any legal cover of your home insurance you could call?as a sidenote my father owned half the property I live in so he sometimes got post etc still sent to our property
The OP hints (though they mention several properties) that they may live at the house the post is addressed to. Fly tipping is an arrestable offence, so if my above assumption is correct, I think skipping the interview may be ill advised.Know what you don't0 -
No obligation to go, I personally wouldn't.Good afternoon,
I've received a letter from the local council with some accompanying pictures and an invite to attend an interview under caution on 20-03. My brother who lives in the same road as me was contacted also 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/and/or because there is something with my late fathers name on it : as a sidenote my father owned half the property I live in so he sometimes got post etc still sent to our property, but very rarely.
I only really contacted the council out of courtesy, We have a bin per house for the flats and a skeleton key for the bins. We have not dumped anything on our own property for obvious reasons, but infact have historically made alot of complaints about the volume of fly-tipping which has occurred.
Thank you in advance.
I've had my fair share of interviews under caution; with a solicitor; with an understanding of the law; and even then I was very careful about what I said.0 -
The OP hints (though they mention several properties) that they may live at the house the post is addressed to. Fly tipping is an arrestable offence, so if my above assumption is correct, I think skipping the interview may be ill advised.
No such thing as arrestable offences anymore.
It is now up to the police to necessitate an arrest.
In anycase it's enforced by the council.0 -
The OP hints (though they mention several properties) that they may live at the house the post is addressed to. Fly tipping is an arrestable offence, so if my above assumption is correct, I think skipping the interview may be ill advised.
No they didn’t.
The said it has the fathers NAME on, not address.
Would be good to know what address was on there (if any) and how this post has possibly got there.
BTW - I shred anything will name/address/account numbers on. Is this not common these days?
(Our shredding goes in the compost bin with the worms and flies)
I take your point that proper advice I required re interview which is why I suggested free legal advice line.0 -
No they didn’t.
The said it has the fathers NAME on, not address.
Would be good to know what address was on there (if any) and how this post has possibly got there.
BTW - I shred anything will name/address/account numbers on. Is this not common these days?
(Our shredding goes in the compost bin with the worms and flies)
I take your point that proper advice I required re interview which is why I suggested free legal advice line.
I quoted the OP where he may suggest the post was addressed to his house in the post you've replied to? - "as a sidenote my father owned half the property I live in so he sometimes got post etc still sent to our property".
But it's still quite vague of where the letters are addressed to. If they're not addressed to him, it begs the question of how mail addressed to a family member found its way behind his house which may be also what the council want to know. (as you've said)No such thing as arrestable offences anymore.
It is now up to the police to necessitate an arrest.
In anycase it's enforced by the council.
Apologies, I wanted to emphasise the fact that 'skipping the interview' would likely lead to further enforcement.
(especially as above if the post is addressed to the house, would seem pretty clear cut in that case?)Know what you don't0 -
Apologies, I wanted to emphasise the fact that 'skipping the interview' would likely lead to further enforcement.
(especially as above if the post is addressed to the house, would seem pretty clear cut in that case?)
They can only enforce if they have evidence of a crime.
In what world is a piece of paper being somewhere evidence that someone committed a crime putting it there???
There are multiple explanations. It could have been incorrectly delivered, the post could have been stolen.
For proof beyond reasonable doubt you need more than the presence of a piece of paper, otherwise any enemy, jealous-ex just has to steal your post (or print some out) and plant it on you.0 -
They can only enforce if they have evidence of a crime.
In what world is a piece of paper being somewhere evidence that someone committed a crime putting it there???
There are multiple explanations. It could have been incorrectly delivered, the post could have been stolen.
For proof beyond reasonable doubt you need more than the presence of a piece of paper, otherwise any enemy, jealous-ex just has to steal your post (or print some out) and plant it on you.
On the assumption that the OP suggests that the letters may be addressed to the OP (albeit not in his name) then I can't see how a council would ever be able to enforce fly-tipping by your reasoning.
If we were to follow your post to it's logical conclusion, I could dump a bag full of my post outside my house today and not be guilty as they can't prove definitively it was me who put it there? Are you saying they require video footage of me committing the act? What if I claimed I had a doppelganger, how far does this go? How would fly tipping ever be enforced if addressed letters aren't deemed as decisive evidence without any alternative.
The OP has also offered no opinion of how someone has seemingly obtained post addressed to themselves and planted it behind their house?
I'd say it's most likely that refusing to attend an interview would lead to an FPN which may then lead to a court hearing should the OP dispute it and should he see his day in court, I can't imagine a judge, who is offered no reasoning of how the OP's post has found itself tipped outside the OP's house, would say it isn't beyond reasonable doubt.
EDIT: as we've both echoed though, if the OP genuinely is innocent in this scenario, he has a greater issue at hand here, that someone presumably has access to his post and is dumping it outside of his property for some reason.Know what you don't0 -
On the assumption that the OP suggests that the letters may be addressed to the OP (albeit not in his name) then I can't see how a council would ever be able to enforce fly-tipping by your reasoning.
If we were to follow your post to it's logical conclusion, I could dump a bag full of my post outside my house today and not be guilty as they can't provide it was me who put it there? Are you saying they require video footage of me committing the act? How would fly tipping ever be enforced if addressed letters wasn't deemed as evidence beyond reasonable doubt.
The OP has also offered no opinion of how someone has seemingly obtained post addressed to themselves and planted it behind their house?
I'd say it's most likely that refusing to attend an interview would lead to an FPN which may then lead to a court hearing should the OP dispute it.
I agree with you; but FPNs are terrible - it's unjust to both suspect and society.
I doubt a court would convict on the basis of a single letter. It must be, quite rightly, beyond reasonable doubt0
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