FPN for littering in the local area, 2 streets away

born_again

>,I have a home CCTV installed which shows I did not leave my home on the alleged day at the alleged time,<

Is that internal or external?

If external, does it show anyone taking bag out of the bin at any point?

HillStreetBlues

 Environmental Protection Act 1990 Secti on 33 which prohibits the deposit of controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless an environmental permit authorising the deposit is in force and the deposit is in accordance with the license.

So seems they have no prove you deposited the bag.

So for second part  they need to prove that  you knew your bag would be dumped there.
This could be that you let someone take the bag and you have a reasonable believe that it would be dumped.
So even if you gave the neighbor the bag in believe they would put in their bin, but they just dumped it, you aren't liable.

If all the council has is a name in a bag, then at best they are sabre rattling, at worse they are knowingly issuing penalties that have no basis in law.


 

Jonboy_1984

I am aware of at least one retailer receiving an FPN because they re-use cartons from deliveries to despatch orders and a customer then disposed of a carton incorrectly, and a council tried to pursue the retailer for fly tipping in a different city.

Is there any possibility (boxed Xmas gifts/charity shop donations/etc) something with your address could have ended up elsewhere?

Ectophile

HillStreetBlues said:

 Environmental Protection Act 1990 Secti on 33 which prohibits the deposit of controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless an environmental permit authorising the deposit is in force and the deposit is in accordance with the license.

So seems they have no prove you deposited the bag.

So for second part  they need to prove that  you knew your bag would be dumped there.
This could be that you let someone take the bag and you have a reasonable believe that it would be dumped.
So even if you gave the neighbor the bag in believe they would put in their bin, but they just dumped it, you aren't liable.

If all the council has is a name in a bag, then at best they are sabre rattling, at worse they are knowingly issuing penalties that have no basis in law.


 

Section 33 is about controlled substances.  So unless the OP has been disposing of hazardous waste, I don't see how it's relevant.

Section 87 deals with littering.

ifti

Ectophile said:

HillStreetBlues said:

 Environmental Protection Act 1990 Secti on 33 which prohibits the deposit of controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless an environmental permit authorising the deposit is in force and the deposit is in accordance with the license.

So seems they have no prove you deposited the bag.

So for second part  they need to prove that  you knew your bag would be dumped there.
This could be that you let someone take the bag and you have a reasonable believe that it would be dumped.
So even if you gave the neighbor the bag in believe they would put in their bin, but they just dumped it, you aren't liable.

If all the council has is a name in a bag, then at best they are sabre rattling, at worse they are knowingly issuing penalties that have no basis in law.


 

Section 33 is about controlled substances.  So unless the OP has been disposing of hazardous waste, I don't see how it's relevant.

Section 87 deals with littering.

this shows us they dont have a clue about the Enviromential Protection Act.

Body Cam footage, then quoting the wrong act.

Bunch of Thugs.

HillStreetBlues

ifti said:

this shows us they dont have a clue about the Enviromential Protection Act.

That was my mistake,   on reading your scans  the FPN does say section 87,  sorry for any confusion

But they still need to prove it was you dumping the sack there or had believe that you knew it would be dumped there.

Nearlyold

ifti said:

Ectophile said:

HillStreetBlues said:

 Environmental Protection Act 1990 Secti on 33 which prohibits the deposit of controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless an environmental permit authorising the deposit is in force and the deposit is in accordance with the license.

So seems they have no prove you deposited the bag.

So for second part  they need to prove that  you knew your bag would be dumped there.
This could be that you let someone take the bag and you have a reasonable believe that it would be dumped.
So even if you gave the neighbor the bag in believe they would put in their bin, but they just dumped it, you aren't liable.

If all the council has is a name in a bag, then at best they are sabre rattling, at worse they are knowingly issuing penalties that have no basis in law.


 

Section 33 is about controlled substances.  So unless the OP has been disposing of hazardous waste, I don't see how it's relevant.

Section 87 deals with littering.

this shows us they dont have a clue about the Enviromential Protection Act.

Body Cam footage, then quoting the wrong act.

Bunch of Thugs.

Actually according to your copies of the correspondence it was you who introduced talk of Body Cameras to the mix.

RhondaD

Forget about cameras and being asleep at the time. It sounds like they just found some rubbish a couple of streets away with some correspondence in it with your address on. In theory a letter addressed to you could have been posted to the wrong address (it happens a lot) and they just binned it then dumped their rubbish. In going through it the letter was found and you now become the dumper as a result because your address was with the rubbish in the bag. In that case the only evidence they will need is a piece of correspondence with your details on, and it sounds like that's what they have. 

ifti

RhondaD said:

Forget about cameras and being asleep at the time. It sounds like they just found some rubbish a couple of streets away with some correspondence in it with your address on. In theory a letter addressed to you could have been posted to the wrong address (it happens a lot) and they just binned it then dumped their rubbish. In going through it the letter was found and you now become the dumper as a result because your address was with the rubbish in the bag. In that case the only evidence they will need is a piece of correspondence with your details on, and it sounds like that's what they have. 

i still dont umderstand how they actualy planning to prove it was me who actually dumped it, i did mention whats to stop me dumping some rubbish linking it to frame my neighbour, theres only one i dont like ?

i havent heard anything back for a few days now, maybe in 3 months they may actually send somthing to procesute me!

Aylesbury_Duck

I'd just forget about it and deal with it if they decide to take it further.  I can't see that they have a case that will stick.