Accused of flytipping!!

manambo101

Hi all, first post, quite specific context so hope it's OK to post. 

I have received a fixed penalty notice from my local council for fly tipping. Quite a surprise in the post! Date and time of alleged incident I was at home getting ready for a job interview. My car wasn't identified on the notice. I'm assuming after long deliberation that some of my rubbish containing a letter with my address on it must have been stolen from my bin or the local tip and has found its way to being dumped. 

There will be no cctv of me anywhere near said road dumping anything. 

Can I still be held responsible IF they do have dumped rubbish with my home address? 

Do I engage with the council 'officer', what's my next move? 

Many thanks for any and all replies, 

Jono111

Have you had any work done on your house recently where items have been delivered to you and someone fitted them, a kitchen or something like that. Sometimes tradesmen flytip the old stuff.

NewShadow

Yes - you can still be held responsible, and this isn't something you can just ignore and hope it goes away.

You are responsible for your waste - even if you give it to someone else/paid them to dispose of it - the only time you're not responsible is when you can prove you disposed of it legally or made sure the person you gave it to was licensed/disposing of it properly. 

As standard, the letters state 'on or before', and the date is the date it was recovered rather than when they think it was dumped - so having an 'alibi' for a particular time won't help. 

Firstly, I would write and ask them to provide evidence - It might be that you had some rubbish cleared and something with your name and address was with it, and subsequently dumped; but the onus is on you to prove it wasn't you. They don't have to give you any advance details of the evidence they have at this stage, but on the other hand nor do you have to attend any interview, unless they arrest you - which is a possibility for any criminal offence.

I'm assuming what you've received is a letter, plus pro-forma, inviting you to an interview under caution? If so, you will be given the opportunity to either:

1. Admit to illegally dumping waste; 
2. Provide the name and details of the person you gave your waste to - and details of the actions you took to assure yourself they would comply with all legal requirements relating to the disposal of your waste; OR
3. Provide evidence that you disposed of your waste legally - that, for example you paid someone who had the appropriate paperwork and that they must have dumped the waste illegally after you had done your due diligence.  

You are not obliged to attend, but without a reasonable reason as to how your waste ended up being dumped - and 'some bloke must of randomly decided to nick it from the bin' isn't particularly plausible unless you have evidence that such things have occurred previously in your area - then the fact that your details were found in with the fly tipped waste is a persuasive evidence that you either dumped the waste illegally or that it was dumped illegally on your behalf. 

It's up to you to weigh up - without an interview denying your involvement, any decision on future action will be taken on the basis of the evidence - which is your name on illegally dumped waste...

manambo101

Jono111 said:

Have you had any work done on your house recently where items have been delivered to you and someone fitted them, a kitchen or something like that. Sometimes tradesmen flytip the old stuff.

Loads actually, lots of workmen.. Possible something was picked up.. 

manambo101

NewShadow said:

Yes - you can still be held responsible, and this isn't something you can just ignore and hope it goes away.

You are responsible for your waste - even if you give it to someone else/paid them to dispose of it - the only time you're not responsible is when you can prove you disposed of it legally or made sure the person you gave it to was licensed/disposing of it properly. 

As standard, the letters state 'on or before', and the date is the date it was recovered rather than when they think it was dumped - so having an 'alibi' for a particular time won't help. 

Firstly, I would write and ask them to provide evidence - It might be that you had some rubbish cleared and something with your name and address was with it, and subsequently dumped; but the onus is on you to prove it wasn't you. They don't have to give you any advance details of the evidence they have at this stage, but on the other hand nor do you have to attend any interview, unless they arrest you - which is a possibility for any criminal offence.

I'm assuming what you've received is a letter, plus pro-forma, inviting you to an interview under caution? If so, you will be given the opportunity to either:

1. Admit to illegally dumping waste; 
2. Provide the name and details of the person you gave your waste to - and details of the actions you took to assure yourself they would comply with all legal requirements relating to the disposal of your waste; OR
3. Provide evidence that you disposed of your waste legally - that, for example you paid someone who had the appropriate paperwork and that they must have dumped the waste illegally after you had done your due diligence.  

You are not obliged to attend, but without a reasonable reason as to how your waste ended up being dumped - and 'some bloke must of randomly decided to nick it from the bin' isn't particularly plausible unless you have evidence that such things have occurred previously in your area - then the fact that your details were found in with the fly tipped waste is a persuasive evidence that you either dumped the waste illegally or that it was dumped illegally on your behalf. 

It's up to you to weigh up - without an interview denying your involvement, any decision on future action will be taken on the basis of the evidence - which is your name on illegally dumped waste...

Thanks NewShadow.
So on the basis of that 1 letter alone (or bag of letters!) and no cctv, are you saying its a possibility a judge would find me guilty if it went to court, no cctv or anything?
Thanks,

manambo101

What if it was a paid workman but they didn't have a refuse licence? How much trouble would I be in if I admitted this? A chap who did a lot of wallpaper stripping for us said he had a license to get rid of commercial waste. He may have taken household rubbish as well.😒 

NewShadow

manambo101 said:

Loads actually, lots of workmen.. Possible something was picked up.. 

If the workmen you hired illegally dumped waste from your building works then you can still be held liable and prosecuted by the council. 

Re: an individuals legal duties: http://www.environmentlaw.org.uk/rte.asp?id=83

DCFC79

manambo101 said:

Jono111 said:

Have you had any work done on your house recently where items have been delivered to you and someone fitted them, a kitchen or something like that. Sometimes tradesmen flytip the old stuff.

Loads actually, lots of workmen.. Possible something was picked up.. 

When you quote a post, type your response on the white part of the quote box rather than the grey part, makes it easier to see your reply. 

General_Applause

Personally, I would not go to any interview. They just want you to fill in the blanks for them.If they had any real evidence, you would have received a summons.

We have often found envelopes with peoples name and address on them (from a good few miles away) just after the recycling lorry has left. I wonder where they came from?

You have the right to remain silent. I strongly urge you to excercise that right.

NewShadow

manambo101 said:

Thanks NewShadow.
So on the basis of that 1 letter alone (or bag of letters!) and no cctv, are you saying its a possibility a judge would find me guilty if it went to court, no cctv or anything?
Thanks,

manambo101 said:

What if it was a paid workman but they didn't have a refuse licence? How much trouble would I be in if I admitted this? A chap who did a lot of wallpaper stripping for us said he had a license to get rid of commercial waste. He may have taken household rubbish as well.😒 

Yes - you can still be liable. 

You either knowingly or negligently allowed someone to take waste from your property who then dumped it illegally... 

Household Duty of Care

Householders must ensure that household waste is properly disposed of. Household waste is defined in section 75(5) of the Environmental Protection Act 1990 and includes waste from domestic properties, caravans and residential homes. The householder duty of care is provided by Section 34(2A) of the Environmental Protection Act 1990 (inserted by the Household Waste Duty of Care Regulations 2005). A breach of the household duty of care would also attract an unlimited fine if convicted.

Steps to take to fulfil the duty of care

General Duty of Care

If you have waste:

• Ensure that the person who takes control of your waste is licensed to do so.
• You must take steps to prevent it from escaping from your control.
• Store it safely and securely.
• Prevent it from causing environmental pollution or harming anyone.
• Describe the waste in writing and prepare a transfer note if you intend to pass the waste on to someone else.

If you collect waste from others:

• You must be authorised under the law to collect and receive waste.
• Get a description of the collected waste in writing.
• Complete and retain a transfer note.

Household Duty of Care

If you are a householder, you are required to take reasonable steps to check that people removing waste from your premises are authorised to do so.

Reasonable steps to take:

• Ask the waste carrier to provide you with their full address and telephone number.
• Ask to see their waste carrier licence issued by the Environment Agency or Natural Resources Wales.
• Contact the Environment Agency directly on 08708 506 506 and ask for a free instant Waste Carrier Validation Check, alternatively you can check online on the Environment Agency website.

http://www.environmentlaw.org.uk/rte.asp?id=83

manambo101

Again, my question would be is there precedent for a judge to say a letter with your address has been found 10 miles away. With no other evidence than that, youve now got a criminal record and or hefty fine?