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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi im currently being prosecuted by our local authority for

Customer Question

Hi im currently being prosecuted by our local authority for an alleged Fly tipping incident.
The events in short was during moving house last year i paid both a local neighbour in cash to take house waste to a refuse site, also a scrap dealer caller at the door asked if he could remove the washing machine from my drive way.
The local authority later informed me of bags of rubbish that were dumped in a private lane.
It appears from my taped interview and after seeing the evidence that the rubbish dumped was not that for which i paid my neighbour to remove but rubbish that the scrap dealer must of removed without my consent in an attempt to gain money at the local weighing station by weighing down his lorry.
The waste although was 95% residential did have some business related items ie clients printed leaflets etc that were stored in my attic from previous.
I attended the local magistrates court un represented last Friday. I was only aware of one case against me but learned there was in fact two cases.
1. I passed waste to an un registered waste carrier
2. I did not take reasonable case and caused a breach of environment (I dont have exact wording to hand)
I answered not guilty to both cases and now a date for a magistrate hearing is set for January. I need advice on what to do,?
Regards
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you accept any of the offences please?

JACUSTOMER-f5v05joc- :

I suppose i did hand waste to an unregulated waste carrier, but not the waste that was dumped

JACUSTOMER-f5v05joc- :

however i suppose i couldnt prove that

JACUSTOMER-f5v05joc- :

in the terms of the other case i suppose i dont fully understand the implication of what the case is suggesting i did do.

Alex Watts :

1. I accept you know you passed waste to an unregistered carrier - ie you allowed your neighbour to remove it/scrap dealer?

JACUSTOMER-f5v05joc- :

Hello are you still there?

Alex Watts :

I am

Alex Watts :

Do you accept you passed waste to your neighbour to remove / scrap dealer?

JACUSTOMER-f5v05joc- :

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.

Alex Watts :

How did he get hold of the leafelts?

Alex Watts :

Where were they?

JACUSTOMER-f5v05joc- :

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

Alex Watts :

So you left the box of leaflets out and they were picked up?

JACUSTOMER-f5v05joc- :

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.

Alex Watts :

Ok, so paid your neighbour to remove everything else save for scrap?

JACUSTOMER-f5v05joc- :

the scrap man came first and unware he took 5-6 bags of rubbish

Alex Watts :

Ok. So the story is this.

Alex Watts :

You paid your neighbour to get rid of rubbish

Alex Watts :

You put everything outside

Alex Watts :

The scrap man took your bed and the commercial waste

Alex Watts :

That commercial waste has since been discovered fly tipped?

JACUSTOMER-f5v05joc- :

no he took the washing machine bedframe and several sack of rubbish of which one contained leaflets

Alex Watts :

Yes but they were outside with the washing machine etc?

JACUSTOMER-f5v05joc- :

what was fly tipped was the remains of a bed, and five sacks of rubbish, and flat packed cardboard

Alex Watts :

Yes but they were outside with the washing machine etc?

JACUSTOMER-f5v05joc- :

yes

Alex Watts :

And what was the intention of your neighbour with the rubbish bags containing leaflets, to take them to the tip?

JACUSTOMER-f5v05joc- :

yes

Alex Watts :

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

Alex Watts :

I think based on what you have said you are not guilty to 1

JACUSTOMER-f5v05joc- :

yes

Alex Watts :

To be guilty on count 1 which is passed waste then you needed knowledge

Alex Watts :

You did not have knowledge

Alex Watts :

But I think you are guilty of count 2

Alex Watts :

This is because you left the refuse bags outside and did not take 'reasonable care'

Alex Watts :

In that case anyone could have picked them up and they did

Alex Watts :

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

Alex Watts :

So I think count 1 you are fine, but count 2 you are in difficulty.

JACUSTOMER-f5v05joc- :

ok so on count 1 , in what sense did i not have knoledge

Alex Watts :

Well you didnt know the scrap dealer picked up the bags of rubbish

Alex Watts :

And you didnt authorise him to

JACUSTOMER-f5v05joc- :

but i was allowing my neighbour to dispose of them if they werent taken

Alex Watts :

Yes - but you did not pass waste to the neighbour. The charge is, I assume to the scrap dealer.

Alex Watts :

You didn't pass it to the scrap dealer

Alex Watts :

He was not authorised

JACUSTOMER-f5v05joc- :

i dont know who the scrap dealer is, the charge is against me

Alex Watts :

Yes I know.

JACUSTOMER-f5v05joc- :

there dosent seem to be a charge for the actual fly tipping offence

Alex Watts :

You didnt authorise the scrap dealer to take the sacks of commercial waste

Alex Watts :

Hence you are not guilty of that.

Alex Watts :

You didnt know he took them

JACUSTOMER-f5v05joc- :

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

Alex Watts :

Ah no - because you are not charged with a theoretical offence, but an ACTUAL offence

Alex Watts :

So you dont need to worry about that

JACUSTOMER-f5v05joc- :

thanks

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-f5v05joc- :

so , should i let this go to court as i dont know if i could afford representation,

Alex Watts :

See if you can do a deal with the Council to try and keep it out

JACUSTOMER-f5v05joc- :

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?

Alex Watts :

They will serve statements etc before trial and a bundle of documents, so you will know all about it

Alex Watts :

They are required to disclose everything to you

JACUSTOMER-f5v05joc- :

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

Alex Watts :

Yes, you will get all the documents disclosed in due course

JACUSTOMER-f5v05joc- :

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

JACUSTOMER-f5v05joc- :

or is it not recommended

Alex Watts :

You can change your plea but you would still have to go for sentence

Alex Watts :

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

JACUSTOMER-f5v05joc- :

ok thanks

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-f5v05joc- :

that should be all thanks, ***** ***** need anything further in regards ***** ***** how could i reach you

Alex Watts :

Yes you can start any further questions FOR ALEX W, this will come to me direct

Alex Watts :

Can I help with anything else today?

JACUSTOMER-f5v05joc- :

Thanks for your advice speak soon Phil

Alex Watts :

Good luck Phil

Alex Watts :

If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

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?

Expert:  Ash replied 2 years ago.
1) Offence are always duplicated to the business and personal to make sure they get a conviction.
2. The household waste is you personally, the reasonable care is the company. Celtic print is dissolved but they dont realise that. You dont want them to change it to you personally.
3. I would pay the £400 and run yes!
Alex

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