Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Cabot- is there a realistic chance to fight them?
by annap Today at 4:49 pm

» Clarity and History - Common Law vs Statutes | Banking Fraud | Words | Magna Carta
by itheman Today at 4:10 pm

» 5G AND it's implications | WOW it is scary and can't be allowed
by itheman Today at 3:48 pm

» Legal advice, from a court?
by itheman Today at 2:54 pm

» E on Lowells advice
by ohthejoys Today at 12:44 pm

» Drydensfairfax Soliciitors - Statute Barred?
by waylander62 Today at 11:19 am

» Richplanet Premier
by daveiron Today at 8:44 am

» Trainee benifit clerk jailed.
by assassin Today at 1:45 am

» CABOT filed CCJ application despite 3-letter process
by waylander62 Yesterday at 1:31 pm

» Emma's Westminster Hall bailiffs speech 09 01 2019
by Kestrel Yesterday at 10:37 am

» New to forum
by Sc001 Thu Feb 14, 2019 10:00 pm

» Conditional Acceptance and Remain in Honour, Counterclaim...but when?
by itheman Thu Feb 14, 2019 9:10 pm

» Liability Order in Respect of Council Tax....
by itheman Thu Feb 14, 2019 8:56 pm

» Mexican Scientists Find a CURE for HPV
by Kestrel Thu Feb 14, 2019 7:09 pm

» Intrum Finance letter advice please.
by Ithesoul Thu Feb 14, 2019 2:20 pm

» old married name on debt purchase letter
by Ausk Thu Feb 14, 2019 10:32 am

» Debt Collectors
by waylander62 Thu Feb 14, 2019 10:22 am

» More Disinformation
by assassin Thu Feb 14, 2019 1:25 am

» notice of assignment
by FURBY Wed Feb 13, 2019 9:37 pm

» 3 letter process
by projectzoo Wed Feb 13, 2019 9:24 pm

» More Smart Meter - The New Scam
by daveiron Wed Feb 13, 2019 7:44 pm

» Reality chat , every wednesday at 8pm (ish)
by Society of the Spectacle Wed Feb 13, 2019 7:29 pm

» Latest from CrimeBodge
by Kestrel Wed Feb 13, 2019 3:32 pm

» Ccj help
by daveiron Wed Feb 13, 2019 12:14 pm

» Types of Baliffs
by assassin Wed Feb 13, 2019 1:15 am

» NIP - speeding with photo evidence
by midnight Tue Feb 12, 2019 11:32 pm

» Merligen investments Ltd: Moriarty law
by waylander62 Tue Feb 12, 2019 5:14 pm

» Repeat after me "Britain is not a police state" - honest....
by daveiron Tue Feb 12, 2019 9:14 am

» Moriarty Law
by petesomething Mon Feb 11, 2019 11:44 pm

» GOODF ebook
by unlimuni Mon Feb 11, 2019 9:23 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Feb 11, 2019 8:24 pm

» AA loan
by Mrblue2017 Mon Feb 11, 2019 10:33 am

» Ceylon on debts, courts & corruption
by Mrblue2017 Sun Feb 10, 2019 9:27 pm

» fiduciary responsibility
by assassin Sun Feb 10, 2019 6:35 pm

» how long can you hold your breath?
by LionsShare Sun Feb 10, 2019 1:19 pm

» Nursing Fraud
by assassin Sun Feb 10, 2019 3:01 am

» EU Tactics Project Fear
by assassin Sun Feb 10, 2019 2:56 am

» Another Newbie
by assassin Sun Feb 10, 2019 2:51 am

» If Gov. breaks oath of office, do they still hold authority over us?
by assassin Sun Feb 10, 2019 2:46 am

» Wrong Account Numbers in Court Claim
by Kestrel Sat Feb 09, 2019 4:34 pm

» PPI - Could claiming jeopardise the 3 letter system? FREE PPI claim
by itheman Fri Feb 08, 2019 11:39 pm

» Lantern Debt Recovery
by sam Fri Feb 08, 2019 5:40 pm

» how to SAFELY get your own back on Big Brother)
by pitano1 Fri Feb 08, 2019 1:37 pm

» SAR template
by Ausk Fri Feb 08, 2019 8:58 am

» Has ESTOPPEL letter changed?
by Lopsum Thu Feb 07, 2019 9:11 pm

» 2 New letters received from DCA acting as agents on behalf of client- Please Advise
by daveiron Thu Feb 07, 2019 1:01 pm

» Extreane harrasment - police doing nothing at all
by assassin Thu Feb 07, 2019 1:47 am

Moon phases


Fly Tipping

Go down

Fly Tipping

Post by eargoggles on Tue Sep 25, 2018 4:05 pm

Hi there, a friend left a "nice" chair outside a closed charity shop thinking they might want it ,but instead has got a summons from the council for fly tipping ,they must have being spotted on a security camera ,i don`t know all the details . anyway the council are probs gonna want lots of money for this plus the chair. do you think BoeVat might sort it out . thanks

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by assassin on Tue Sep 25, 2018 6:51 pm

It all comes down to intent and in law it is the intention which gets the conviction.

If it was outside a charity shop and he intended them to have it then there is no intention to fly tip then there is no case; where this falls down is that many charity shops dont accept furniture such as chairs and settees as they contain fillings which may not be compliant with the newer legislation with regard to their fillings being fire resistant and/or do not carry the label which they are required to carry if they meet the legislation. In light of this, many charity shops operate a blanket policy of not accepting anything with such fillings.
assassin
assassin
Admin
Admin

Posts : 1769
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Re: Fly Tipping

Post by handle on Tue Sep 25, 2018 8:43 pm

they are using drones to catch fly tippers. I now a couple of fly tippers who have been caught.

Not just for fly tippers. Some look like planes, but they fly in largish circles and shift each circle

handle
dedicated
dedicated

Posts : 557
Join date : 2017-04-10

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Tue Sep 25, 2018 9:33 pm

thanks for your replys
there was no intent ,i don`t think there will have been a notice warning them not to leave stuff because if there had been my friend would not have left it and that i am sure of.seems a bit like an entrapment trick ,with the intent to get you into a fake  court to extort some hard earned cash. BoeVat?

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Thu Nov 01, 2018 10:23 am

sorry for the inconvenience


Last edited by eargoggles on Tue Nov 06, 2018 1:39 pm; edited 3 times in total

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by daveiron on Thu Nov 01, 2018 12:16 pm

Take a look through these, I.ve had a quick look and it all seems to be regarding "waste" . Can items left as a donation be regarded as waste ?

https://www.legislation.gov.uk/ukpga/1989/14/section/3
https://www.legislation.gov.uk/ukpga/1990/43/part/II
daveiron
daveiron
Admin
Admin

Posts : 1477
Join date : 2017-01-17

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Thu Nov 01, 2018 12:56 pm

sorry for the inconvenience


Last edited by eargoggles on Tue Nov 06, 2018 1:39 pm; edited 3 times in total

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by daveiron on Thu Nov 01, 2018 1:29 pm

I think it would be very helpful if we knew what act he has been prosecuted under,and the wording used by them.
daveiron
daveiron
Admin
Admin

Posts : 1477
Join date : 2017-01-17

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Thu Nov 01, 2018 1:48 pm

sorry for the inconvenience


Last edited by eargoggles on Tue Nov 06, 2018 1:39 pm; edited 3 times in total

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by daveiron on Thu Nov 01, 2018 2:06 pm

If ,as they state there is a warrant for arrest ,then he must have been prosecuted under some act.
All i can suggest at present is to ascertain what act and then read through it (its all in the wording & definitions)
Although at this stage it may be a little too late.
Assassins post is also relevent.
daveiron
daveiron
Admin
Admin

Posts : 1477
Join date : 2017-01-17

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Tue Nov 06, 2018 1:57 pm

thanks for you`re reply she had broke the environmental protection act 1990 33(1)(a),(5)and (6) ,was posted a penalty charge(fine) of £400 which would have been reduced to £300 if she paid within a time limit .she didn`t pay up ,she is a full time student and hasn`t got the spare cash,she was then was summoned to court but never showed up or answered letters. then there was a warrant for her arrest she handed herself in at the police station and is now due in court end of next week.
all she did was leave a sofa chair which was in very good condition in a charity shop yard which happened to be closed at that time ,she was moving to a different area and didn`t want to throw it away .

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by assassin on Fri Nov 09, 2018 1:41 am

If she left it on private property then this puts a different complexion on the matter, it was not put in a public place or deliberately fly tipped and can be used as a defense of the fraudulent claims made by the council.
assassin
assassin
Admin
Admin

Posts : 1769
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Fri Nov 09, 2018 2:53 pm

thanks for your reply assassin where does it say that if it`s left on private property that it puts a different complexion on the matter ,sorry i don`t know which section to read.
the environmental protection act 1990 section 33 (1)(a),(5)and (6)just tells you they`re gonna give a fixed penalty notice or a charge...
but a notice of charge is subject to the bills of exchange act 1882 .


eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by daveiron on Fri Nov 09, 2018 5:51 pm

You need to find out whether it was left on private property or on public property.
If it was left on private property (their yard) & assuming no one moved it out .Then it should
have nothing to do with the council.
daveiron
daveiron
Admin
Admin

Posts : 1477
Join date : 2017-01-17

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Sat Nov 10, 2018 11:38 am

this is the address where it happened which is a private company.
KEIGHLEY FURNITURE PROJECT
UNIT 1 SPRINGFIELD MILLS
OAKWORTH ROAD
KEIGHLEY
WEST YORKSHIRE

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by daveiron on Sat Nov 10, 2018 1:14 pm

Could be worth taking a look at their yard to see if there are any signs ,regarding donations after hours.
If not ,I would argue that they appeal to the public for donations of furniture and this is exactly what you did.
It was a donation nothing more or less.
daveiron
daveiron
Admin
Admin

Posts : 1477
Join date : 2017-01-17

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Sat Nov 10, 2018 1:37 pm

in the witness statement it says,  it happened at 10am and the place was open ,but they left the sofa outside the loading door in the yard and left. there is a sign on the door saying donations not to be left out of working hours otherwise it will be reported and possible prosecution could follow.
sorry for the mistake of me thinking it was after hours as i wrote earlier in the thread ,but it was actually in working hours

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by daveiron on Sat Nov 10, 2018 2:30 pm

I realise its all probably too late now ,But it would not hurt to contact them and ask why they are asking for donations
of items ,and this item was left during opening hours .Why have you been prosecuted for fly tipping.
This item was left as a donation,and why did they get the council involved in any event.
Ask them if they want you to tell on social media what could happen to others leaving a donation.
daveiron
daveiron
Admin
Admin

Posts : 1477
Join date : 2017-01-17

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Sat Nov 10, 2018 3:15 pm

i know good point ,they are a bit picky aren`t they ,getting stuff for free ,selling everything on for profit then getting stropy with  people who donate. i was looking at maybe trying to find out "their" names on the day then hold them liable for the  fraud what is about to take place plus all the other little money pinching prix ,but i`m not confident enough.


Last edited by eargoggles on Sun Nov 11, 2018 1:30 pm; edited 1 time in total

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by Society of the Spectacle on Sat Nov 10, 2018 3:27 pm

If you look them up online,
you'll find they had a burglary in 2016.
Not relevant perhaps.here is their website,
https://keighleyfurnitureproject.wordpress.com/
Society of the Spectacle
Society of the Spectacle
Admin
Admin

Posts : 893
Join date : 2017-01-15
Location : Castor

Back to top Go down

Re: Fly Tipping

Post by eargoggles on Sat Nov 10, 2018 3:50 pm

hi sots ,wasn`t me honest.
if you take proof of benefits to the KEIGHLEY FURNITURE PROJECT you get things cheaper .

eargoggles
Not so newb
Not so newb

Posts : 79
Join date : 2017-07-31

Back to top Go down

Re: Fly Tipping

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum