Accused of flytipping!!

NewShadow

General_Applause said:

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.

You can certainly refuse to co-operate - but if it is a case of a workman taking material and dumping it then the council may be more interested in pursuing them rather than the OP, assuming it's the OP's first offence and they apologise... 

Not pointing fingers at the tradesman risks the council going for the person they DO have evidence against. 

Again - I recommend the first step be to ask the council for more information and gauge how they respond. 

manambo101 said:

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? 

Yes - allowing that it's environmental health at your local council and a magistrate rather than a judge. 

OP - you may be interested in this: https://www.gloucestershirelive.co.uk/news/gloucester-news/householder-court-failing-check-person-3814830

A Forest of Dean man ended up in court and hundreds of pounds out of pocket for not checking that the person he paid to do a tip run was authorised to do so.

The unnamed man he paid to take his rubbish away dumped it in a Forest village.

Officials traced the rubbish strewn around a forest road to the original householder and took him to court.

Cheltenham Magistrates Court heard that the householder paid the unnamed man to take away his rubbish on or around January 24, 2019 but failed to ensure that he was a licensed carrier.

When the operator proceeded to fly-tip the rubbish in Brierley, Forestry England examined it and gave information to the Street Wardens at the council.

The Counter Fraud unit launched an investigation with the wardens and between them they were able to trace the origin of the rubbish back to the defendant..

He was charged with failing to ensure that the person he paid to take away his rubbish was a licensed carrier contrary to Section 34(2A) of the Environmental Protection Act 1990.

The Forest of Dean resident was given a conditional discharge at Cheltenham Magistrates Court but ordered to pay costs of £540 along with a Victim Surcharge of £20.

manambo101

Thanks everyone. I should have been more careful and responsible. All excuses aside. My concern now is I could say the person I think illegally dumped (they probably dumped everything, not just the 1 or 2 bags or personal stuff) and would deserve what's coming. If i admit it, I am opening myself up to some sort of prosecution. Hard to believe this can happen on very definitely a first offence. Someone doesn't like someone, take rubbish out of their bin and flytip it. Instant record! 

Nick_C

You said you received a FIxed Penalty Notice.  If you pay it, you are paying a Civil Penalty and the Council will not bring Criminal Proceedings against you.  I've been out of this for a while, but you used to pay a reduced amount if you paid promptly.  You can probably also appeal against the FPN if you think it has been issued unfairly.  But as above, your waste is your responsibility.  If you arrange for anyone other then the Council to take waste from your home, you must ensure that they are a licensed waste carrier.  You can check this on line.  https://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers

NewShadow

Nick_C said:

You said you received a FIxed Penalty Notice.  If you pay it, you are paying a Civil Penalty and the Council will not bring Criminal Proceedings against you.  I've been out of this for a while, but you used to pay a reduced amount if you paid promptly.  

And - at least around here - if you fail to pay promptly it can go automatically from £300 to £1000+ 

But, before paying - if you contact the council and tell them about the contractor you hired/that he said he was licensed and you didn't realise you needed to check the paperwork - you might find they let you off with a warning so they can focus on him, especially if he's got a habit of doing this and yours wasn't the only waste found. 

It's also assuming you're being honest when you're saying it was a letter they found and not something more serious like asbestos... 

manambo101

Ps I'll have a think, post back with what I'll do and let you know how it goes!
Thanks  again, Everyone. I appreciate there was some different advice and you let me decide for myself. This has been a top experience, hope I can reciprocate someday for someone. 

manambo101

NewShadow said:

Nick_C said:

You said you received a FIxed Penalty Notice.  If you pay it, you are paying a Civil Penalty and the Council will not bring Criminal Proceedings against you.  I've been out of this for a while, but you used to pay a reduced amount if you paid promptly.  

And - at least around here - if you fail to pay promptly it can go automatically from £300 to £1000+ 

But, before paying - if you contact the council and tell them about the contractor you hired/that he said he was licensed and you didn't realise you needed to check the paperwork - you might find they let you off with a warning so they can focus on him, especially if he's got a habit of doing this and yours wasn't the only waste found. 

It's also assuming you're being honest when you're saying it was a letter they found and not something more serious like asbestos... 

Fair points. I know they found a letter because I have zero connection to the location. Maybe the workman found asbestos, didn't tell me about it and discarded it as he did. Who knows? All I can say is I regret using him. He was cheaper than a 'pro' would have been and had seemed reliable which is more than I can say for a lot of 'pros'. I'll probably try and pay the initial civil fine if they'll let me and let that be the end of it. Thanks all 🙄😂

manambo101

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