Received a fly tipping notice

DB1904

lindsayb10 said:

halibut2209 said:

I think that evidence that you got a refund for the parcel not being delivered should be more than enough

Hopefully. I don’t know 100% this is the missing parcel, but that’s what I’m going to go with. Thanks. 

Why don't you take steps to find out?

Skiddaw1

How? It's most unlikely the LA concerned will supply any additional info at this stage.

MarvinDay

Skiddaw1 said:

How? It's most unlikely the LA concerned will supply any additional info at this stage.

Try a phone call first and if that doesn't work, submit a GDPR subject action request.

Money_Grabber13579

Skiddaw1 said:

How? It's most unlikely the LA concerned will supply any additional info at this stage.

The OP says they have a picture of the label and quite often, they will show who sent the parcel or have some identifying marks.

greyteam1959

An address label in the fly tipped rubbish is not proof that you were the person doing the fly tipping.
How are the council actually going to prove it was you ??
I would be responding with ' please provide proof '.

Richard_T_

greyteam1959 said:

An address label in the fly tipped rubbish is not proof that you were the person doing the fly tipping.
How are the council actually going to prove it was you ??
I would be responding with ' please provide proof '.

They don't need proof that it was the person that did the fly tipping.
 If your address is on fly tipped waste you can be held liable even if you didn't dump it as it is seen as you have engaged with an un licensed waste company/ person and you can be held liable

lisyloo

Richard_T_ said:

greyteam1959 said:

An address label in the fly tipped rubbish is not proof that you were the person doing the fly tipping.
How are the council actually going to prove it was you ??
I would be responding with ' please provide proof '.

They don't need proof that it was the person that did the fly tipping.
 If your address is on fly tipped waste you can be held liable even if you didn't dump it as it is seen as you have engaged with an un licensed waste company/ person and you can be held liable

I don’t believe this holds up for a minute.
does this mean anyone who wants to get their ex or someone they don’t like into trouble they just have to print their address and fly tip it?
i don’t believe a printed address is enough to prosecute someone.

greyteam1959

lisyloo said:

Richard_T_ said:

greyteam1959 said:

An address label in the fly tipped rubbish is not proof that you were the person doing the fly tipping.
How are the council actually going to prove it was you ??
I would be responding with ' please provide proof '.

They don't need proof that it was the person that did the fly tipping.
 If your address is on fly tipped waste you can be held liable even if you didn't dump it as it is seen as you have engaged with an un licensed waste company/ person and you can be held liable

I don’t believe this holds up for a minute.
does this mean anyone who wants to get their ex or someone they don’t like into trouble they just have to print their address and fly tip it?
i don’t believe a printed address is enough to prosecute someone.

No I don't believe this either.

Semple

Richard_T_ said:

If rubbish / waste has been fly tipped, often the council/local authority will heck the pile for evidence - names/addresses and so on and if any is found then that person can be linked to the fly tipping.

 

There are many un scrupulous companies/ people out there who claim to be able to take away your rubbish / waste for a small fee and then fy tip it out somewhere usually rural.  if you have used an unlicensed / un authorised company/people who then fly tip the waste then you are liable for the fly tipping, together with any fines/costs and fees.

Your name/address was in the fly tipped waste and thats why you have been linked to it - and could/are being held liable.

 However if this is a parcel that has gone missing, and you have evidence of this, such as dealings with the company you ordered it from , refunds etc then this should absolve you of the blame, what is the appeal process?

That's a pretty poor and lazy way of convicting someone though, with practically no evidence. There's plenty of ways your name/address could end up in rubbish somewhere.

I shred all address labels that come to me (I have a pile in the shredder) I could use that as part of my defence. It's higher on the balance of probability than the evidence the council would have.

MalMonroe

I agree with those who are saying you need more evidence/proof. Nobody can be expected to pay £400 (reduced to £300 if you pay up quickly - big wow) when there's no proof that they've done anything wrong. Just because there's something with your details on in the pile of rubbish doesn't mean that you are the person who dumped the stuff. 

It's up to North Lincolnshire Council to prove that you have done what they say. Without solid proof, how can they? Anyone could have thrown a parcel/packet with your address on it on top of what's been dumped anyway.   

But from what you say, it probably is the parcel that went astray and for which you have received a refund. 

You can appeal the notice, this is the page that pops up when you follow the links from the North Lincolnshire Council website  -

https://www.gov.uk/pay-challenge-fine-environmental-offence

So best to get in touch with them and tell them what you have told us here.