Fly tipping

addis123

Hi

Firsty I couldn't find a relevant section of the forum for this so I've put it on here as it seems as good as place as any!

Anyhow 2 weeks ago I noticed someone had dumped a rotary washing line behind our house (the metal spinning thing) there's a dirt path behind our house so being a good resident (and I also don't want more stuff leaving there) I reported it to the council. 
Last week I received an email saying the enquiry is now closed and the item has been removed. 

The item is still there and today I got a letter from the council regarding the item alleging it came from my property and if I don't dispose of it a fixed penalty notice will be issued. I've tried ringing them but it's virtually impossible to get through so in the meantime I'm going to send a strongly worded email!

I'm not great at that kind of thing though so was looking for any tips on points I can raise (like me being the one who reported it, them sending me an email about it being removed,  the threat of a penalty notice when they have zero evidence) that sort of thing...some fancy words too might help. 

Thanks!

berkshiregaz

Exactly as you suggest, send them an email with the reference from the letter you were sent saying I was the person to report this rubbish, I would hardly do that if I had dumped it, please either show me any evidence you have that I dumped it or provide me with the contact details to submit a Subject Access request that I can apply to for that evidence.

addis123

What is a subject access request please?
Thanks

Okell

Have they specified what offence you are alleged to have committed?  If they have, is it under s87(1) of the Environmental Protection Act 1990?

If yes, they will have to produce evidence proving beyond reasonable doubt that you left it there, which - if you didn't - they will find rather difficult to do.  The fact it's outside your property is not evidence you left it there.

I'd go with a response along the lines suggested by @berkshiregaz, but I'd omit the subject access request bit as I'm pretty sure you can't do a SAR where legal proceedings might be envisaged.

So try something like:  send them an email with the reference from the letter you were sent saying I was the person to report this rubbish, I would hardly do that if I had dumped it, please either show me any evidence you have that I dumped it or stop making these baseless allegations

addis123

I think it might be fly tipping and depositing of waste is what they're claiming. The letter states it's a metal rotary clothes but it's only me that would know that as it's hidden deep in bushes (I had to get step ladders from my side of the fence to see properly) so all anyone else can see is just a metal pole. So further proof only 1 person has reported it!
"Stop making these baseless accusations "
That's excellent,  exactly what I'm trying to say!

Thanks guys

Alderbank

Warning: what I am about to say might be unpopular.

Your local council is struggling to do more and more, including looking after their share of disadvantaged kids, with less and less to do it with.
How do I know? Because all councils are.

You say you're a good resident. I can't and don't want to tell you what you should do, but in your position I would just take the dumped object to the Council tip recycling centre. I might even send them a note to say you have dealt with it.
In fact I've done that with bits of nearby abandoned junk on a couple of occasions.

At this point @Okell might warn me that under the Environment Act it was not 'my' waste and I was committing an offence by moving it in my car, which was true, but I don't really care.

addis123

To say I could take the item to a recycling centre is a valid point but the item can't be reached without spending a good 20 minutes cutting through bushes and bramble (which the council were supposed to do 18 months ago) also I would need a car to do that so with not being a driver...also the point of my post was my ire with the council making completely unfounded allegations that I'm guilty of fly tipping and threatening me with a fixed penalty notice and falsely claiming they had removed the item.   

Whether I removed the item or not has nothing to do with the letter I received with false accusations. Which is the reason of my original post. 

Cheers

addis123

By the way I wouldn't say your idea is unpopular,  to get rid of other people's waste is commendable and good for you for doing it. 

the_lunatic_is_in_my_head

Hello OP

Landowner will be responsible for waste flytipped on the land, do you know who the landowner is?

Regarding their letter, I’d ignore it.

You could raise a complaint with the council (details will be on their website) to say you feel you’ve been treated unfairly by reporting flytipping and then having been accused of being the one who dumped what you reported.

Okell

Have they not referred to any legislation in respect of what offence they allege you committed?

I'd amend the wording slightly:

I was the person to report this rubbish, I would hardly do that if I had dumped it. 

Can you please specify by reference to legislation the offence you allege I have committed, and can you please either show me the evidence you intend to rely on that I have committed that offence, or cease making allegations without foundation. 

I also enclose a letter from yourselves assuring me that the matter has already been closed and that you have removed the item in question.

See if anybody else has any ideas before responding

[Edit:  have they actually issued a fixed penalty notice or are they just threatening to do so?]

addis123

It's a dirt track behind the house which leads to some woods so I'm pretty sure it's council owned land. 
They only thing they refer to is Fly tipping (littering and depositing of waste) under the Environmental Protection Act 1990 (section 33)

They haven't issued the fixed penalty notice yet just threatened to. Someone will make a further visit to the location week commencing the 16th to see if I have removed it. 

I'm not too concerned as I'm pretty confident there has only been one report of it (me)
and as I didn't dump it, there obviously isn't any evidence of me doing so. I think they've got the wrong end of the stick when I reported it and erroneously thought the report was against me. 

They probably just need to  re read my original message to them. Will definitely send them their message regarding the enquiry now being closed as the fly tipping has been removed.