Received a fly tipping notice

MalMonroe

Semple said:

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.

Very commendable but the problem with this OP is that they never even received the parcel with their address on that they think has been photographed together with the rubbish that's been fly-tipped. So even if their habit was to shred every single address label, they wouldn't have been able to in this case. 

Richard_T_

Semple said:

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.

See here :

 https://www.sandwell.gov.uk/news/article/6180/west_bromwich_householder_fined_400_after_rubbish_dumped_by_man_with_a_van

 Here: https://www.theguardian.com/environment/2018/jan/15/householders-could-face-fines-for-using-fly-tippers

and here:

 https://www.leicester.gov.uk/your-community/emergencies-safety-and-crime/environmental-crime/  ( nder householders duty of care)

LaDerniereSemaine

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?

Fly tipping is a criminal offence, therefore the burden of proof is "beyond reasonable doubt."

Do you really think that someone's address being on a piece of packaging is enough to prove beyond reasonable doubt that it was the OP (or their agent) who dunnit?

I think they'd need something a lot more concrete than that.

"It wasn't me your honor but I do leave my bin out on the street and me and my neighbour don't get along...". Yeah, case dismissed.

MarvinDay

Richard_T_ said:

Semple said:

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.

See here :

 https://www.sandwell.gov.uk/news/article/6180/west_bromwich_householder_fined_400_after_rubbish_dumped_by_man_with_a_van

 Here: https://www.theguardian.com/environment/2018/jan/15/householders-could-face-fines-for-using-fly-tippers

and here:

 https://www.leicester.gov.uk/your-community/emergencies-safety-and-crime/environmental-crime/  ( nder householders duty of care)

I would suggest that you see here:

lindsayb10 said:

We’ve had no workmen/ employed anyone to remove our rubbish. 

The OP hasn't employed anyone, licensed or unlicensed to remove and dispose of any rubbish so the links you provide are totally irrelevant to the case in hand as they specifically refer to householders being held liable should their rubbish get dumped by people they have employed.

user1977

LaDerniereSemaine said:

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?

Fly tipping is a criminal offence, therefore the burden of proof is "beyond reasonable doubt."

Only if it gets as far as court. I presume what the council are contemplating is a fixed penalty in the first instance. Not sure how many cases they bother to prosecute if the accused disputes liability.

sevenhills

lindsayb10 said:

I don’t leave my name/ address on rubbish, but don’t know for sure. 

That is a strange thing to say, rubbish goes in the black bin, including the letters and parcels with address details.

If they only have an address from a parcel that you never received, u should be in the clear.

prowla

MarvinDay said:

I would suggest that you see here:

lindsayb10 said:

We’ve had no workmen/ employed anyone to remove our rubbish. 

The OP hasn't employed anyone, licensed or unlicensed to remove and dispose of any rubbish so the links you provide are totally irrelevant to the case in hand as they specifically refer to householders being held liable should their rubbish get dumped by people they have employed.

...well, apart from the Council themselves, of course! :-)

lindsayb10

Thanks all. I do find it hard to believe I could be fined just because of a label- it could have blown away when the bin lorries were collecting, be from years ago before I was so stringent with shredding- which I’ve been doing for years. The bin bag was in a pile of other things, including household stuff like chairs. There no physical way I could dump this stuff- I have a medical condition (Ehlers Danlos Syndrome) so I couldn’t physically dump the stuff, or even get it in my car! I’m going to look through everything properly today and submit my evidence of the list parcel and inability to lift the stuff that I’ve supposedly dumped!  

lindsayb10

sevenhills said:

lindsayb10 said:

I don’t leave my name/ address on rubbish, but don’t know for sure. 

That is a strange thing to say, rubbish goes in the black bin, including the letters and parcels with address details.

If they only have an address from a parcel that you never received, u should be in the clear.

I don’t know for sure that it’s the missing parcel that has appeared in the fly tipped rubbish. I’m just presuming it is as I shred my details. 

lisyloo

As an aside I have. Legal insurance policy, I think it was about £15.
it provides a legal helpline and legal help
e.g. Defence.
im a little surprised these don’t get mentioned more often.
I’ve not had the need to use it but there are lots of cases on here where it looks useful.
I get mind separately partly due to cost but also you can’t sue you house insurance with their own policy so an independent one can be better (there was someone on here living in an inhabitable property post fire).