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Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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Fly tipping

Customer Question

fly tipping
Submitted: 3 months ago.
Category: Property Law
Expert:  F E Smith replied 3 months ago.

How can I help you with this?

Customer: replied 3 months ago.
Hi
Today i received a letter from the council stating on 9th feb 2017 they found packing cardboard with my address on it somewhere. they want to proceed with criminal proceeding and would like to see me in person. i was shocked to see the letter and spoke to the council and booked appointment with them on monday.
On that day i was working miles away and start my day at 7am and finished at 1730 and was back home at around 1900 approx. the place they found cardboard also is no where near i live.
Please advise.
thanks
Expert:  F E Smith replied 3 months ago.

Thank you. I thought that maybe the problem because it’s the most common type of question that we have with regard to fly tipping.

Whilst you may have been miles away or even in another country on the day this was found, that is not to say that it wasn’t deposited on a different day, days or weeks earlier.

What we don’t know of course is where this was found, how far from your house, and whether it was just a random piece of paper or cardboard which could (for example) have blown from somewhere.

When you say it’s nowhere where you live I don’t know whether you mean nowhere in the same town or nowhere tens or hundreds of miles away.

At present, it appears that they want to interview you under caution and you would be entitled to have a solicitor at that meeting. My suggestion would always be to attend an interview under caution to see what they have to say and to see what the circumstances are but don’t admit anything and don’t say anything other than to answer the questions. Please note that an interview under caution is not the same as a formal police Caution which is a different issue altogether.

At this stage, they may decide to prosecute you or not but they will have to prove, if they do go ahead with this, beyond all reasonable doubt that you dumped this.

Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. Then press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.