Fly Tipping

by eargoggles 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

by **assassin** 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.

by handle 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

by eargoggles 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?

by eargoggles Thu Nov 01, 2018 10:23 am

sorry for the inconvenience

by **daveiron** 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

by eargoggles Thu Nov 01, 2018 12:56 pm

sorry for the inconvenience

by **daveiron** 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.

by eargoggles Thu Nov 01, 2018 1:48 pm

sorry for the inconvenience

by **daveiron** 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.

by eargoggles 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 .

by **assassin** 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.

by eargoggles 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 .

by **daveiron** 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.

by eargoggles 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

by **daveiron** 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.

by eargoggles 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

by **daveiron** 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.

by eargoggles 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.

by **Society of the Spectacle** 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/

by eargoggles 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 .

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