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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been accused of fly tipping when in reality I was

Resolved Question:

Hi, I have been accused of fly tipping when in reality I was removing a tree from a parcel of land to take for a log burner, the tree was already cut down but someone has reported me to be dumping it there, I also had permission from the land owner to take the logs. I have been for a interview under caution and have been told that it could go to court as the person who reported me is willing to take it further. What are the chances that this would go to court ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear, you did not deposit anything upon the land in question?
Alex
Customer: replied 1 year ago.
No, I went to remove a tree which was already there but could only get a few branches over the wall. When I got to my interview they had a few pictures of what was left and said I was being accused of dumping them there
Customer: replied 1 year ago.
I am not able to do a live discussion
Expert:  Ash replied 1 year ago.
But you didnt dump you had just cut them down?
Alex
Customer: replied 1 year ago.
The tree which was there was already cut down I don't know wether it had been dumped there previously or cut down at the site but all I did was remove a few branches
Expert:  Ash replied 1 year ago.
OK, then you havent done anything wrong. It would only be if you had cut branches and left them or dumped waste.
They will have to show beyond doubt you dumped waste, you did not. Therefore you are quite correct to plead not guilty to this. Unless the saw you I dont see how they could prosecute you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Someone has seen me there and reported it but they have obviously got the wrong end of the stick but they must think that I have dumped the tree so is this enough evidence to go to court ? If so what would be the outcome as there is a statement from the witness who believes me to be in the wrong and a statement from me telling what actually happened.
Expert:  Ash replied 1 year ago.
No, because they would need to show you were fly tipping. That person would also need to go to Court. Then it would be down to the Court who they believed.
Does that clarify?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, thank you for your time