Hello my name is ***** ***** I will help you with this.
Do you accept any of the offences please?
I suppose i did hand waste to an unregulated waste carrier, but not the waste that was dumped
however i suppose i couldnt prove that
in the terms of the other case i suppose i dont fully understand the implication of what the case is suggesting i did do.
1. I accept you know you passed waste to an unregistered carrier - ie you allowed your neighbour to remove it/scrap dealer?
Hello are you still there?
Do you accept you passed waste to your neighbour to remove / scrap dealer?
i accept that i did , however this rubbish was properly dissposed of, the rubbish that was dumped was taken by the scrap dealer who cold called at my door and took other rubbish that i did not give to him or pay him to take. So in regards ***** ***** the scrap dealer the washing machine im guilty of that but that was not was was dumped.
How did he get hold of the leafelts?
Where were they?
the rubbish that was taken was the contents from my attic/ sons bedroom, so in terms of commercial waste, it was one box of flyers from a job that was not delivered two years prior this was just bagged up with the other rubbish. The other commercial waste was cardboard boxes that were flat placked with the address label of my business C/O of residential address
So you left the box of leaflets out and they were picked up?
just to clarify when we were packing up to move we went through the eaves/attics and rooms just bagging up any rubbish, old toys, old books, clothes etc. We had a total of about 40 sacks outside my front door on a private drive away, in addition to this i had an old washing machine a metal bed frame. When the scrap dealer took the washing machine and bed frame i was unaware he took anything else. The remaining items were removed by my neighbour When i was informed about the fly tipping i naturally thought it was my neighbour as he was the only one i was aware who took the sacks. However from the photos i know this isnt the case as parts of the bed that i know the scrap dealer took were visible.
Ok, so paid your neighbour to remove everything else save for scrap?
the scrap man came first and unware he took 5-6 bags of rubbish
Ok. So the story is this.
You paid your neighbour to get rid of rubbish
You put everything outside
The scrap man took your bed and the commercial waste
That commercial waste has since been discovered fly tipped?
no he took the washing machine bedframe and several sack of rubbish of which one contained leaflets
Yes but they were outside with the washing machine etc?
what was fly tipped was the remains of a bed, and five sacks of rubbish, and flat packed cardboard
And what was the intention of your neighbour with the rubbish bags containing leaflets, to take them to the tip?
Ok - so in that respect regardless of whether or not the scrap dealer took the leaflets your neighbour would have been disposing of commercial waste without a licence on your behalf
I think based on what you have said you are not guilty to 1
To be guilty on count 1 which is passed waste then you needed knowledge
You did not have knowledge
But I think you are guilty of count 2
This is because you left the refuse bags outside and did not take 'reasonable care'
In that case anyone could have picked them up and they did
You also need to be careful because what you are saying is that if they were not picked up you would have allowed your neighbour who you paid, to dispose of them when he is not a waste carrier
So I think count 1 you are fine, but count 2 you are in difficulty.
ok so on count 1 , in what sense did i not have knoledge
Well you didnt know the scrap dealer picked up the bags of rubbish
And you didnt authorise him to
but i was allowing my neighbour to dispose of them if they werent taken
Yes - but you did not pass waste to the neighbour. The charge is, I assume to the scrap dealer.
You didn't pass it to the scrap dealer
He was not authorised
i dont know who the scrap dealer is, the charge is against me
Yes I know.
there dosent seem to be a charge for the actual fly tipping offence
You didnt authorise the scrap dealer to take the sacks of commercial waste
Hence you are not guilty of that.
You didnt know he took them
ok but the fact that if he didn't take it then the neighbour would of done isn't that still committing the same offence of passing waste to an authorised waste collector
Ah no - because you are not charged with a theoretical offence, but an ACTUAL offence
So you dont need to worry about that
Can I clarify anything else for you?
so , should i let this go to court as i dont know if i could afford representation,
See if you can do a deal with the Council to try and keep it out
And if that dosent go anywhere, what other options do i have? also as i was only aware of one case how can i get information of the other case?
They will serve statements etc before trial and a bundle of documents, so you will know all about it
They are required to disclose everything to you
i received from the local authority the taped interview and evidence as well as the outline of the first offence, but wasnt aware of the other one
Yes, you will get all the documents disclosed in due course
If the local authority dont want to deal with it out of courst is there a way of stopping it goes to court , ie pleading guilty
or is it not recommended
You can change your plea but you would still have to go for sentence
So if they refuse not to remove it from Court whether you are guilty or not guilty you can't keep it out I am sorry
that should be all thanks, ***** ***** need anything further in regards ***** ***** how could i reach you
Yes you can start any further questions FOR ALEX W, this will come to me direct
Can I help with anything else today?
Thanks for your advice speak soon Phil
Good luck Phil
If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
FOR ALEX W
Hi Following on from yesterday i have spoken to the local authority legal department, i asked if they would consider an out of court settlement and they seemed quite open to it. He is happy for me to communicate an offer to him via email for consideration. They have also scanned to me both offences as i was missing one yesterday. Please see attached. My questions following on is.
1. One offence is address to my business name/ one is addressed to me personally, why? in terms of my business and to clarify the business was in the process of being voluntarily wound up at companies companies house/ the registered address was in London and the company hadn't traded for six months since leaving my newport office.
2. are both these offences in relation to me personally or business?
3. In terms of settlement their costs to date including the initial hearing / cleaning up and preparing the documentation is approx £400. Would you suggest offering this payment as a settlement or a pro rata of it as a starting point?