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Fly tipping

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  • Okell
    Okell Posts: 2,666 Forumite
    1,000 Posts Second Anniversary Name Dropper
    I cross-posted with @the_lunatic_is_in_my_head.

    I'd follow their suggestion to make a complaint to the council.
  • Alderbank
    Alderbank Posts: 3,917 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 11 June at 11:01AM
    addis123 said:
    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)

    You need to be more than 'pretty sure'.

    Check your house entry on the land register very carefully to make sure that your responsibility actually ends at your back fence. It is surprisingly common for parts of open land behind houses to be owned by the occupants (the path will be a right of way) just as it is common for the highway at the front also to be private land.

    It sounds like the Council have gone back to their land registry records and decided that you own the land which has been flytipped. If so then unfortunately the Environmental Protection Act says it is your job to have it safely and legally removed otherwise the council can prosecute you. It's not fair but it's the law.

    Do what @the_lunatic_is_in_my_head says and check your deeds!
  • Okell
    Okell Posts: 2,666 Forumite
    1,000 Posts Second Anniversary Name Dropper
    @Alderbank -  what if the OP doesn't own that land?

    If he doesn't and there is no evidence suggesting beyond reasonable doubt that he left the item there, does he have anything to worry about?

    I take your earlier point that "a good citizen" would just take matters into their own hands and dispose of the item appropriately, but (1) the OP doesn't appear to be able to do that; (2) the council have already told him it's been removed; and (3) because the potential liability is not trivial I don't think it's a good idea to assume responsibility for its proper disposal.  

    (I often think that councils see these FPNs as a simple way to make money - just like issuing PCNs that have no validity because they know 95% of people will just pay up and not challenge them)
  • Okell said:
    If he doesn't and there is no evidence suggesting beyond reasonable doubt that he left the item there, does he have anything to worry about?

    Doubtful. :) 
    In the game of chess you can never let your adversary see your pieces
  • berkshiregaz
    berkshiregaz Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    addis123 said:
    What is a subject access request please?
    Thanks
    A quick search on Google will show you what it is and how to send it, basically a legal request for all information they hold around the event
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