How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

A builder has fly tipped the rubbish from the house including

This answer was rated:

A builder has fly tipped the rubbish from the house including documents with my address on them. He left without giving me a receipt.. His contact numbers are switched off. I have a calling card but I think it was made up. A local council has found the debris and are holding me responsible. I have council witnesses from my area who are witnesses to the company loading their van up with my rubbish.. I have half the village who will go to court to give witness to the workmen taking the rubbish away. What are my rights ?
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if this is a defence?
Customer: replied 2 years ago.

I am asking if this a defence. As the council seem to be telling me that I have to prove that I did not carry out the fly tipping. I have several MP's that were canvassing on the day the workmen loaded the van. One was the MP for the town. I really do not know where I stand legally.

You are being required to prove that you used all due diligence to check that this was legitimate.
You will find the law here
and here
Under S34 you are a waste producer and you have a duty to take reasonable steps to ensure that the waste you create is disposed of correct.
S34[1A] and S34[2A] impose a duty of care upon you to take reasonable steps to ensure that your waste will be legitimately disposed of.
The burden of proof does reverse onto you but it can be done.
The fact that waste was loaded into his van is not sufficient although an important consideration. You have to have taken some steps to discharge your duty.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you