If you can absolutely and defiantly say "we don't drink Stella. it's not our can" then I'd tell the council to shove it. Trouble is I assume they've looked in the bag and found something that does belong to you, addressed envelopes etc.

Your going to have a hard time convincing a judge that as students, A: you don't drink, B: None of your mates drink, C: You and your mates don't drink Stella.

The council will argue that while they accept that while you don't drink Stella, it's not impossible that a visitor didn't, and then dumped the can in the nearest refuge sack.

I'd still tell them to stuff it though, bunch of "jobsworths"

My son lives in Cardiff student area he was fined £100 because his bin was outside another flat ( bins belong to council and are no. ) after it had been emptied, they said he put it in wrong place he argued the bin men put it there after emptying it and he could not put it back in right place as he was out but they wouldn't have it.

^^And the councils wonder why people "fly tip"

Ask first for Photographic Evidence,And then ask for Fingerprint Evidence That You or Your Flatmate has indeed Put the Empty Tin in the Bin.If as you say Neither You or your Flatmate has Held this tin then your fingerprints will not be on it, Case closed

How can this be lawful.. its not the law you have to recycle, so to have the wrong thing in a bin and to get a fine does not make any sense.

Seems so crazy how we all let them make up silly rules that always cost us money in the end.

Appeal, say you don't drink Stella, and ask them for hard evidence that a) it was your bin, and b) that if it was, you left it there.

If they can't supply evidence, take it straight to your MP (copying them in) and the media, including Social Media. Have no hesitation in uploading copies of any letters or e mails sent to you by the council, including the name of the official who's signed or sent it.

Also, check the small print about what can and can't go in different bins to see if they are inconsistent or contradictory.

In this situation, I would not have the slightest hesitation in turning the tables on any jobsworth clown who tried to turn my Christmas into a nightmare.

I have a lot of large items to dispose of the council charge a fortune and you have to get your items kerbside before they will take them. My SIL sometimes has a van so could do it, but now you need a permit if you have a van He did take a few things for me about 5 years ago but they sent him away when he told them my address saying it was not in the right county.. even though my address clearly is the county the dump was in.

My son lives in Scotland and the council come round every few days and just take the large items that you leave kerbside free. Bit like England back in the day.

And you certainly don't have to pay, only a court can make you pay. Tell the council you'll see them in court, along with the video evidence of you or your flatmate dumping the rubbish. A still photo proves nothing.

Is it actually an offence to put recyclable waste in with normal waste now? I'd be asking for the relevant bit of legislation to be quoted, it certainly isn't a littering offence of any kind and any sane judge would be laughing this case out of court.

The council aren't going to be just making up regulations which don't exist, and I expect the notice does quote the relevant legislation.

However, for the sake of a small fine which in practice might not even be recoverable from a bunch of students even if there is enough evidence, I doubt these things are often pursued through court.

I actually live in Cardiff and I've encountered many a jobsworth from Cardiff Council. I find dealing with Cardiff Council over anything to be an awkward experience - they are unfriendly and inflexible, as opposed to neighbouring Rhondda Cynon Taff council, who are much more friendly, chatty and accessible.

Unfortunately, Cardiff isn't the friendliest of places and this manifests itself a lot when dealing with public bodies, especially the council.

First thing's first, the onus is on the council to prove that:

1. There was an empty can of Stella in your wheelie bin and that 2. Your household put it there.

You can go through the council's formal complaints procedure, and if necessary, go to court, but remember it's up to them to prove that your household put it there and that is very, very difficult.

Good luck, and don't let it spoil your Christmas. I've dealt with these miserable pillocks many times over the years.

The laws on imposing fines for not recycling properly has changed. Only fly tipping can be fined. I heard that Wales wants to start fining people again because it brought in a lot of money. Do some research on this, but I think they may be trying to make some money.

You want to bet? head over to Peipoo and see some of the cr*p councils send out to people accused of littering from cars. They often quote laws which only regard "controlled waste" not litter.

They like to use laws and mention acts etc in the hope of scaring people into paying. Only a court can issue and enforce a fine.

A few years ago I received a warning letter from my council informing me that I had left a plastic bottle in my garden waste bin. I know that I certainly had not but there's nothing to stop passers-by from using our bins to dispose of their rubbish. The letter stated that a repeat offence would result in a fine. I telephoned the council to question how I could prevent other people using my bins but they just kept repeating that bins were my responsibility and that I needed to check them before leaving them at the kerb. The problem is that I leave for work at 7am and the bins may not be emptied until mid morning. I do always now check them before leaving for work.

Luckily, it's not happened again but I don't think I would ever agree to pay a fine for an offence I was not guilty of. I am an upstanding law abiding citizen who pays all parking fines within minutes of receiving a ticket. I would hold out in this case.

I agree with the poster who also criticised the system for collecting unwanted large items. My council charges around £30 for a maximum of 3 items - I don't mind that amount but the problem is leaving the stuff outside my house to be collected on a date that is not guaranteed. It looks really unsightly and I have had difficulties in moving large items outside myself (eg old garden furniture, old kitchen table). I don't really like people gawping at my unwanted items.

Sadly, yes. With all the BIG problems we face there is still room for legislation for putting the wrong type of waste on the bin.

Cardiff prosecute this under section 46 of the Environmental Protection Act 1990.

Thank you for all the replies

I sent them an email after making this thread, and they rang me today- unfortunately I missed their call as I was at work, however they left me a voicemail asking me to ring them back. I did so and was told by a secretary that they're out of office now until the 28th!

I'm quite worried as it says the fine needs to be paid by the 1st January or it will be increased to £1000!

I'm thinking that I'll just leave it until the 28th, ring them back, and explain the situation and at the very least I hope maybe they can extend the deadline until the 3rd Jan (when my student loan goes in).

I know I shouldn't let it, but this has really upset me/is playing on my mind, and it's annoying me because it's so close to Christmas and there's lots of other things to be stressing about without this on top! It may seem like no money to some people, but £100 for something you haven't done seems really unfair when you're students!

If you pay it, you are an idiot. Ask them for a court summons for the offence and ask them to provide proof it was you (photographic or video) in front of a judge.

Is there even a name on the letter? Can't recall if you answered that one (see bottom of page 1).

I haven't actually seen the letter myself yet as I haven't been at the flat since the 9th of December and it was my flatmate that alerted me to it. I shall ask her though! :P

If I do ask them for a court summons, do I have to pay any court costs? I'm not sure how all of that works.

Don't pay it if you didn't do it! And don't stress either! There will be worse things to come in life - this is not a stress-worthy event..
Put it in writing that you wish to contest the fine and appeal it when you are able. They are not going to make you pay £1000!
Now enjoy Christmas - that's an order!

Ps - I left my 'landfill' and garden waste bins out on the same day as the landfill one was missed and they asked me to leave it out and they would come back for it. When the garden waste bin men came they emptied the landfill waste bin into the garden lorry! They are different colours so I've no idea why. They definitely don't check what's in them round our way...! Perhaps I will fine them £1000.....

Makes sense, if the bins are accessible to other people, then anyone could have put anything in them, I would appeal against it to be honest. Maybe a good idea to have locks on the wheeled bins if the council is getting that pathetic, maybe Cardiff council is running out of money.

I am so glad our council is not that bad, rubbish wise, people have two bins, one for recycling and one for normal rubbish, if you put normal rubbish in the recycling bin they will stick a notice on it to say why it have not been emptied, but no fines. they are not bothered what goes into the normal rubbish bin, apart from Garden rubbish. But again no fines, just a notice to say why it was not emptied.
i do not have bins, i refused to have them as I am not dragging them up and down the steps, so I use bags instead.

Why haven't you got her to take a photo of the letter and message or email it to you? I'd definitely want to see it before I paid anything. And why is it just down to you? Is she/any other housemates also paying their share?

Apparently, councils are no longer allowed to issue fines.
https://www.gov.uk/government/news/e...nded-bin-fines

In any case, I would go to court and refuse to pay my fine rather than accept such a spurious threat. Anybody could have walked past and put those items in. I once put my father's half-empty grey recycling bin out for him and by the time I went home, it was full of cans and bottles wrapped in carrier bags.