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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31728
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My friend has received a letter saying she is responsible

Customer Question

Hi my friend has received a letter saying she is responsible for fly tipping. She 100% is innocent
JA: Where is your friend? It matters because laws vary by location.
Customer: Buckinghamshire
JA: What steps has your friend taken so far?
Customer: nothing. She received the letter today
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: they have a picture of a package with her name and address found miles away.Customer: Chat is completed
Submitted: 15 days ago.
Category: Law
Customer: replied 15 days ago.
Can I not speak to Jo please
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 15 days ago.

I am very sorry to read of the above. Mayor confirm if your friend has appealed the fixed penalty notice to date please?

Customer: replied 15 days ago.
She has done nothing yet. The options she has been given are to fill in a questionnaire or have a formal interview that she’s unable to get to as she doesn’t drive
Customer: replied 15 days ago.
She only received the notice today
Expert:  Joshua replied 15 days ago.

thank you. There is no statutory formal appeals process for fixed penalty notices of this kind. She can make an informal appeal to the local authority setting out why she disagrees with the notice and the local authority are required to have an internal appeals process to consider any representations your friend wishes to make. There is no obligation to attend a formal interview and the information can be given by correspondence.

Ultimately, if your friend refuses to pay the notice, the council will need to take action through the magistrates court and present evidence which they will need to prove beyond reasonable doubt that your friend is responsible for the fly tipping in question. Presumably, if your friend is not guilty of the offence then this is likely to be a difficult burden for them to reach.

The benefit of making any representations in the form of an informal appeal can be to make it clear to the council any weaknesses in their claim because it is expensive ultimately for them to bring cases to the magistrates court and it is not in their interests to do so if they are not confident of their position

Customer: replied 15 days ago.
Ok thank you so who should she contact to make this appeal please?
Customer: replied 15 days ago.
we have communal waste removal in our apartment complex so she has no need to fly too many miles away when she doesn’t even drive
Expert:  Joshua replied 15 days ago.

details would normally be given on the fixed penalty notice itself. If they are not, can you tell me the local authority that has served a notice and I'll see if I can track down some contact information?

Customer: replied 15 days ago.
Thank you so much. It’s Luton county council
Expert:  Joshua replied 15 days ago.

according to the councils website, a dispute can be raised using the following link:

https://myforms.luton.gov.uk/service/Make_a_complaint__comment_or_compliment?noLoginPrompt=1

Customer: replied 15 days ago.
Amazing. Thank you so much! You’ve been so helpful
Expert:  Joshua replied 15 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 15 days ago.
Will do! Thanks Joshua….btw Jo is awful
Expert:  Joshua replied 15 days ago.

I'm glad the above was of some assistance

Expert:  Joshua replied 15 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.