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got a fly tipping letter
I have moved into a new flat, next door to a takeaway. Anyway, i took some stuff from old house to new flat.. bin got full, so late at night on a wednesday before bins got taken out.. I went and put it in takeaways bin on side street, it wasnt full. I didnt have key to back gate yet to put it in my bin
anyway, I got a letter today off council saying they found binbag on side of street with my stuff in, and I need to contact him in regards to fly tipping offence. So, either the takeaway saw my bag, took offence and put it on side of road.. or.. in fact thats only thing I can think of
He would like to give me oppurtunity to be reviewed under police and criminal evidence act. anyone got any advice?
anyway, I got a letter today off council saying they found binbag on side of street with my stuff in, and I need to contact him in regards to fly tipping offence. So, either the takeaway saw my bag, took offence and put it on side of road.. or.. in fact thats only thing I can think of
He would like to give me oppurtunity to be reviewed under police and criminal evidence act. anyone got any advice?
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So you fraudulently placed unsorted domestic waste into someone else's commercial bin and have probably been filmed doing so.
You are in big trouble.
It'll be even worse if you have disposed of domestic waste in a council street bin.
Ignore anything that anyone tells you on here and speak to a lawyer on Monday before you do anything else.
It was not a council street bin, and yes it was a small bin bag filled with bits and bobs from new flat, nothing hazardous
I'm not sure it was a commercial bin, as they normally dump their stuff in their back yard as I can see from window. The bin I had is on side of street, with the gate locked to back alley I presumed everyone put it in there. Hindsight is a great thing though
Just admit it and take the hit.
Trying to squirm out of it now would just be shameful and embarrassing.
I'm planning to admit it, the mention of interview and courts though threw me
I would expect a fine of about £3000 for fly tipping. If it is your first offence and you admit it the court will probably let you away with a fine of £1000.
yep first offence, however I find that a bit harsh, its only a tiny bin bag, I've seen stories of people fined £500 for throwing away beds and mattresses
I actually put the bag in the bin ( caught on camera if such footage exists ) merely 2 metres from my flat. There is nothing on the bin that would suggest it belongs to the takeaway only, apart from fact that its on side of street and takeaway is on corner.
We will see what happens
One can't trust what anyone says to be legally correct, therefore there's no point.
However, I would say that the person who took the bag out of the bin is responsible. The OP is only responsible for placing the bin bag in someone else's bin. Is that trespass?
You are right, but then again I shouldn't be placing my waste in anyones bin, I hold my hands up to it
but, it was cold.. I found my gate locked, it was 12am, I thought the binman will be here in 6 hours, they won't know
he must of skipped that bin that day, I hold my hands up. The fact that I just moved into flat and the bag had a parcel with my old address in may lead them to believe I fly tipped. I will explain all anyway
I presume there will be an interview and a court day?
Forget what I posted earlier. I thought you'd get a harshly worded letter and/or a £50 fine.
Fight this all the way!
That bag of rubbish could have been maliciously removed from your bin by local youths and dumped in the restaurant bin
exactly, I'm not dumping a bed or a mattress in a field. The bag contains random house stuff like small cardboard box, curtain packets and random stuff. It's not like I travelled far and wide to dump this hazardous material
Best get a solicitor to advise though.
The OP did not dispose of his rubbish in the correct way, It is still their responsibility. Not their bin to dispose of it in
You should write this up as a sitcom script.
But it's not clear exactly what they're being accused of. Is there a distinction between "putting your rubbish in a commercial bin" and "dumping your rubbish on the pavement"? Is the take away entitled to sort through their bin and dump unauthorised additions on the pavement, or was it in fact them who committed the offence (or an additional offence)?
ETA: Or, what CitySlicker said.
You've been cheeky by shoving your waste in commercial bins. I'm not going to condemn you for doing this, I shoved a couple of black bags in a nearby skip last year. The silly bit is you must have left your personal details in the bin.
Here's the interesting thing though. I don't think you are responsible for fly tipping. I think it's the takeaway who are responsible. You shouldn't have used their bin but if they wanted to be picky it's not a criminal offence, it's a civil matter that business would need to pursue you through the courts (and it would cost them so much they wouldn't bother unless you were persistent and problematic).
If I were you I wouldn't phone the council at all or enter any verbal dialogue. I would write them an email to say you have received this notification and whilst you appreciate they can only take action on the evidence they have (i.e. your name on dumped waste), you did dispose of it in a commercial waste bin. You could then advise them the only other persons you feel likely to remove your waste is the shop so please contact them as the potential offenders.
Then it'll get into a case of he-said-they-said, the council will likely back off and not pursue it as too big a risk of poor quality evidence. I would be denying strongly any possibility you've fly tipped and maintain your position you used commercial waste bins, the council can't get you for that.
That's my take on it. I think the takeaway has caused the offence.
yes, there was a small parcel box with my full name and address on, they sent me a picture along with letter. Hardly the markings of a fly tipper trying to cover his tracks. The worlds most idiotic fly tipper wouldnt leave his name on boxes
Its a valid argument, I don't think the council know my new residence is literally a few feet away, as the address on box is for address about half a mile away
Identity theft is rife and it's not unknown for refuse collectors to drop rubbish in the street and fail to pick it up - I've watched them.
Fly tipping is rife here, yet the council do nothing. There are at least 6 full bin liners dumped at the corner of the street this morning. The countryside round here is a constant mess too, with used cardboard boxes, old pushchairs, yet more bin bags and old clothing.
I'd learn from this, pay the fine and in future be more careful where you dispose your rubbish.
Yes, either that - http://lawworks.org.uk/clinics - or a Citizens Advice Bureau consultation - http://www.adviceguide.org.uk/england/about_this_site/contact_us.htm - and I'd suggest doing something asap such as on Monday before the next set of public holidays.
These days, councils really do take such things seriously so this thread ought to be a warning to others. Council waste management officers will, if necessary, go through waste to find out details of the perpetrator concerned and domestic letters, bills, etc. can be a complete giveaway.
Best thing to do is to take excess waste to the civic dump, arrange for a special collection (usually a modest fee) or put it out bit by bit in the normal domestic waste collection service.