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Interview Under Caution - Fly Tipping
VicMazonas
Posts: 10 Forumite
I was wondering if anyone here can suggest the best places to go for legal advice regarding fly tipping, or can offer any advice about how to approach this?
I've received a letter from the council inviting me to an interview under caution regarding "alleged fly-tipping".
Now, the truth is that it is possible I did do this, but also possible I did not. To clarify: I always use the council removals/collections people when getting rid of large items, because I don't drive. Recently, I moved a sofa out in preparation for this. I made multiple attempts that day to call the council but was unable to get through to them, and the following day after work (I work early hours so the line was still open), planning to attempt another call, the sofa had been removed already.
NOW.
At the same time this was happening, my landlady was clearing out vast amounts of stuff from next door. She had an employee clearing the property out and piling fridges, tables, all kinds of stuff, outside. A lot of it was there for a fortnight before being moved, but her employee was genuinely moving the stuff on. I had told her at the time that I was removing a sofa from my home and would be calling the council to remove it. When the sofa disappeared the next day, I assumed (possibly foolishly) that she'd just gotten her removal guy to cart it off with everything else. I should have followed up with her about it, but frankly I was 3 weeks out from getting my emotionally-abusive ex out of the house (not on record on any lawbooks unfortunately so nothing official there). I was moving largely through a mental fog at the time.
The letter from the council has not said what was fly-tipped, or what evidence they have, but the date they give ties up with when all of this was going on.
So. It is possible that someone, probably tired of all the recent items piled out there, reported the sofa and it was removed by the council. It is also possible that the stuff fly-tipped belonged to someone else who saw the pile of items and added their own. Or it could be related to the stuff removed from next door. I have no way of knowing right now.
If it was my sofa, I have no intention of hiding from the law. I'm terrified of what will happen, but mistake or not I don't want to be one of those people. But I don't want to find myself dealing with the consequences of something that wasn't my fault if it wasn't me.
Note: I think I know how they got my name. A letter to "the occupier" was posted in my door asking for information about alleged fly-tipping and leaving a number to call - I called back asking for more information and, like a fool, stated my name at the end of it.
I've received a letter from the council inviting me to an interview under caution regarding "alleged fly-tipping".
Now, the truth is that it is possible I did do this, but also possible I did not. To clarify: I always use the council removals/collections people when getting rid of large items, because I don't drive. Recently, I moved a sofa out in preparation for this. I made multiple attempts that day to call the council but was unable to get through to them, and the following day after work (I work early hours so the line was still open), planning to attempt another call, the sofa had been removed already.
NOW.
At the same time this was happening, my landlady was clearing out vast amounts of stuff from next door. She had an employee clearing the property out and piling fridges, tables, all kinds of stuff, outside. A lot of it was there for a fortnight before being moved, but her employee was genuinely moving the stuff on. I had told her at the time that I was removing a sofa from my home and would be calling the council to remove it. When the sofa disappeared the next day, I assumed (possibly foolishly) that she'd just gotten her removal guy to cart it off with everything else. I should have followed up with her about it, but frankly I was 3 weeks out from getting my emotionally-abusive ex out of the house (not on record on any lawbooks unfortunately so nothing official there). I was moving largely through a mental fog at the time.
The letter from the council has not said what was fly-tipped, or what evidence they have, but the date they give ties up with when all of this was going on.
So. It is possible that someone, probably tired of all the recent items piled out there, reported the sofa and it was removed by the council. It is also possible that the stuff fly-tipped belonged to someone else who saw the pile of items and added their own. Or it could be related to the stuff removed from next door. I have no way of knowing right now.
If it was my sofa, I have no intention of hiding from the law. I'm terrified of what will happen, but mistake or not I don't want to be one of those people. But I don't want to find myself dealing with the consequences of something that wasn't my fault if it wasn't me.
Note: I think I know how they got my name. A letter to "the occupier" was posted in my door asking for information about alleged fly-tipping and leaving a number to call - I called back asking for more information and, like a fool, stated my name at the end of it.
0
Comments
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Gather ye rosebuds while ye may0
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My advice - don’t engage0
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Fly tipping is a really scummy thing to do, and I am really pleased to hear councils coming down on people doing it.
HoweverVicMazonas wrote: »Recently, I moved a sofa out in preparation for this. I made multiple attempts that day to call the council but was unable to get through to them, and the following day after work (I work early hours so the line was still open), planning to attempt another call, the sofa had been removed already.
The calling is irrelevant. But what does "moved a sofa out" mean? Moved it into your front garden/yard? Or moved it onto some green patch of land near your house?
It doesn't sound like you fly tipped at all so I wouldn't engage with the council. Only the police can force you to attend an interview.
If you get any official court (not council) papers through, take them very seriously and get legal help.0 -
Fly tipping is a really scummy thing to do, and I am really pleased to hear councils coming down on people doing it.
However
The calling is irrelevant. But what does "moved a sofa out" mean? Moved it into your front garden/yard? Or moved it onto some green patch of land near your house?
It doesn't sound like you fly tipped at all so I wouldn't engage with the council. Only the police can force you to attend an interview.
If you get any official court (not council) papers through, take them very seriously and get legal help.
Ah, no there's no front garden. It was directly outside the front of my house. (Not blocking road/pavement/parking due to the width of the space, but not on a "front garden" as such)
...Honestly the standard method here is for most folks to put furniture out on the understanding someone else will have it away, and I assume folks then pay for removal if it lingers, but I don't follow the practice as there's never a guarantee anyone actually will!0 -
Its called fly tipping lol see https://www.keepbritaintidy.org/faqs/advice/fly-tipping-and-law
There are better options like putting something like this on freegle, you could put it on facebook etc. Takes less than a minute to take a photo and put it online. Than wait a day or so for it to be collected. Not leave it outside for people to have to traipse round. Or pay the council what is usually a pretty minimal fee to have it collected. Yes, they do collect when you pay.0 -
That IS flytipping.
You arrange the pick up BEFORE you dump it on common ground. You cant just put it out without a plan. The council may not have had availability to pick up your item for weeks.
You did flytip. If someone dumped something outside your house you’d be calling to complain.0
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