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Advice Regarding Rubbish Fine (South Wales)


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Old 19-12-2016, 21:37
lost_one1990
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Hey guys

My flatmate (who lives in Cardiff, I'm currently at home in England for the Christmas holidays) messaged me earlier and said that we have been given a £100 fine by the council for rubbish offences. Apparently they have attached a picture of a bin bag with an empy can of stella inside it. Neither of us drink stella, and we believe that because of the position of our wheelie bin, the flats above us have also been using our bin to put their rubbish in.

My flatmate says I need to send her the money before the 1st January, or the fine will increase to £1000.

Obviously this is Christmas week, I'm extremely poor right now, and my student loan doesn't come in until the 3rd January, so this has come as a bit of a shock.

I'm just wondering if anyone has had similar experiences in Wales, and has successfully appealed such a fine, or whether there is no hope in hell appealing, or any way of getting the time limit extended, or is this a no-go too? :P Obviously we can't prove the flats above us have been using our bin, but we've taken measures now to make sure they don't in the future.


Cheers guys
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Old 19-12-2016, 21:44
Evo102
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Is Stella illegal in Wales or something?

And who's name is the fixed penalty in, you or your flatmate?
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Old 19-12-2016, 21:46
lost_one1990
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Is Stella illegal in Wales or something?
I think that was just the photo evidence they used haha! I think it's something to do with it being in the wrong bag/not recycling or something. They seem very strict with it in Cardiff
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Old 19-12-2016, 21:49
Ber
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Personally I'd be asking my flatmate to send me a picture of the letter before giving them £100...
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Old 19-12-2016, 22:09
oldcrakpot
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What if I don’t pay my fine?

If you have been issued with a Fixed Penalty Notice by one of the Council's Litter Enforcement Officers then under the terms of the fine you will be required to pay the charge within 14 days from the date the notice was issued.

Should you choose not to pay the fine within the 14 days, the Council will look to prosecute via court proceedings as part of the Authority’s policy to improve the environment and to reduce such enviro crime within the boundary of Rhondda Cynon Taf.

Your call
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Old 19-12-2016, 22:09
gdjman68wasdigi
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Christmas holidays already, the kids haven't even broken up yet.

£100 to £1000 in the space of a few weeks is a tad excessive.
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Old 19-12-2016, 22:23
ba_baracus
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I would just go on the run in England. I don't think there's an extradition treaty with Wales.
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Old 19-12-2016, 22:24
Evo102
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Christmas holidays already, the kids haven't even broken up yet.
They have around here, they broke up last Friday.

£100 to £1000 in the space of a few weeks is a tad excessive.
Usually it's quoted as "up to £1,000", but once it gets to court you have all the costs piled on and that soon adds up.
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Old 19-12-2016, 22:35
lost_one1990
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They have certainly ruined my Christmas!
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Old 19-12-2016, 22:41
RRL
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There was a case a few years back in Swindon I think where a woman was fined for putting recycling goods in with general rubbish. When the case went to court (magistrates court I think) the woman denied the offence. The prosecuting side were then asked to prove the woman had committed the deed but could not and so the case was dismissed. Worth looking it up if you can and then you can use it as a defence (provided it has not been overturned which I don't think it has)
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Old 19-12-2016, 23:22
babinaba
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Wouldn't putting in an appeal stall payment until it's been investigated?
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Old 19-12-2016, 23:27
Toby LaRhone
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They have certainly ruined my Christmas!
Could have been worse.
You could have been fined for drinking Carling or Fosters or some other shite.

Ask them for photographic evidence.
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Old 19-12-2016, 23:28
tim59
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They have certainly ruined my Christmas!
All these things have an appeal process, so i would be looking into that side of things why not spend a few mins and give the council a phone call
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Old 19-12-2016, 23:30
Jellied Eel
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£100 to £1000 in the space of a few weeks is a tad excessive.
It's the way modern 'justice' works. So pay up, or risk larger fine + costs defending the fine. Like RRL says, if the case goes to court, the council would need to prove liability. OP needs to check the small print though because sometimes the appeal is just to another council body.

It may be worth appealing to avoid being labelled a Stella drinker.
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Old 20-12-2016, 01:15
Chris Frost
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Surely if the bin area is communal then it's a case of their word against yours?

Do they have video evidence of you or your flatmate putting out the offending bag that clearly shows the Stella can? If not, then I'd have thought that they can't prove their case beyond reasonable doubt.

I'd definitely appeal. Stuff like this is annoying because it's the Council working on the assumption that you'll be frightened of them and just pay up without a fight. That's tantamount to robbery as far as I'm concerned. Once the dust is settled (I hope in your favour), send them an invoice for wasting your time
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Old 20-12-2016, 01:30
lost_one1990
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Surely if the bin area is communal then it's a case of their word against yours?

Do they have video evidence of you or your flatmate putting out the offending bag that clearly shows the Stella can? If not, then I'd have thought that they can't prove their case beyond reasonable doubt.

I'd definitely appeal. Stuff like this is annoying because it's the Council working on the assumption that you'll be frightened of them and just pay up without a fight. That's tantamount to robbery as far as I'm concerned. Once the dust is settled (I hope in your favour), send them an invoice for wasting your time
Each flat we have 3 flats above us) all have our own wheelie bin, but they're all at the front of the main door (we're the ground floor flat). But because our bin was closest, we think the other flats have been putting their rubbish in our wheelie bin instead of their own, so obviously the council took the photo of the offending evidence in our wheelie bin, with our flat number on etc.

My flatmate has moved our wheelie bin out of the way now to the other side of the flat so she can keep an eye on it from her window, although I don't see why she should have to do that.

She has also told me that she rang them up today to appeal it and was told that we had to pay it.


I do feel it's kind of unfair though!
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Old 20-12-2016, 01:41
Chris Frost
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I still think you should fight it. Put the onus back on to the council to prove that it's your rubbish. Also, who said you have to pay it? By that I mean were you talking to the Lawyers for Cardiff City Council or just some jumped-up oik on a power trip. My guess is the latter.
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Old 20-12-2016, 02:59
babinaba
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Each flat we have 3 flats above us) all have our own wheelie bin, but they're all at the front of the main door (we're the ground floor flat). But because our bin was closest, we think the other flats have been putting their rubbish in our wheelie bin instead of their own, so obviously the council took the photo of the offending evidence in our wheelie bin, with our flat number on etc.

My flatmate has moved our wheelie bin out of the way now to the other side of the flat so she can keep an eye on it from her window, although I don't see why she should have to do that.

She has also told me that she rang them up today to appeal it and was told that we had to pay it.


I do feel it's kind of unfair though!
They must have an appeals process. Maybe you should call?
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Old 20-12-2016, 06:41
RandomSally
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Christmas holidays already, the kids haven't even broken up yet.

£100 to £1000 in the space of a few weeks is a tad excessive.
We broke up on Friday.
Unis even earlier.
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Old 20-12-2016, 06:51
annette kurten
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Each flat we have 3 flats above us) all have our own wheelie bin, but they're all at the front of the main door (we're the ground floor flat). But because our bin was closest, we think the other flats have been putting their rubbish in our wheelie bin instead of their own, so obviously the council took the photo of the offending evidence in our wheelie bin, with our flat number on etc.
have you got any small friends? get one in the bin to scare the life of them when they open the lid.

buy a camera first though and set it up to point at your bin.

i wouldn`t be paying it op, i`d be challenging it it is bound to be dropped.
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Old 20-12-2016, 11:21
babinaba
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There's an online contact form for Cardiff Councils waste management team, use that, dispute that the item of rubbish is yours and see what they say.
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Old 20-12-2016, 11:56
Dave_Herts
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There should be a formal appeals process in writing/online. Wouldnt trust anything they say on the phone.
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Old 20-12-2016, 11:57
Andrue
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Yeah, I'd ask them for proof that the item was in the bin and proof that you put it there.
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Old 20-12-2016, 12:11
Aetius_Maralas
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Personally I'd be asking my flatmate to send me a picture of the letter before giving them £100...
Nice to know I'm not the only one with experiance of that type of housemate.
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Old 20-12-2016, 12:54
walterwhite
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Absolute chancers. They can't prove anything.

Who is the fine addressed to? You or your flatmate, or the occupier?
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