Accused Of Fly-Tipping By The Council? Here’s What You Need To Know

Summary

If the council finds rubbish with your name and address dumped somewhere it shouldn’t, you might get accused of fly-tipping. In such cases, even if the council doesn’t have proof that you dumped it yourself, the law kind of assumes you’re guilty unless you prove otherwise. If the council says you dumped waste without the right permissions or licenses, they might invite you to a voluntary interview under caution. This article will explain what to do if you’ve been accused of fly-tipping by the council. You can challenge a fly-tipping fixed penalty notice for fly-tipping if you think: * No offence was committed, or the notice was wrongly issued; * The offence wasn’t your fault or you couldn’t have prevented it; * The offender is under 18, mentally or physically incapacitated, or has another incapacity preventing them from understanding the offense; * Significant circumstances temporarily affected your ability to comply with the law; * Serving the notice is not in the public interest. To successfully challenge a fly-tipping fixed penalty notice, you will have to provide evidence supporting your case. Your local council should provide information on how to appeal in your area. Most.

Key information

• •No offence was committed, or the notice was wrongly issued;
• •The offence wasn’t your fault or you couldn’t have prevented it;
• •The offender is under 18, mentally or physically incapacitated, or has another incapacity preventing them from understanding the offense;
• •Significant circumstances temporarily affected your ability to comply with the law;
• •Serving the notice is not in the public interest.
• •Having to cover legal costs and pay compensation;
• •A fixed penalty notice ranging from £150 to £1,000 in England or from £150 to £400 in Wales;
• •Introducing new rules allowing authorities to serve notices for removing unlawfully kept waste and restricting access to waste facilities;
• •Forming the Joint Unit for Waste Crime to combat serious waste crime;
• •Allocating £2 million to enhance evidence on fly-tipping and effective deterrents in 2020;
• •Introducing an electronic system for waste movement tracking;
• •Providing councils with grants for projects targeting fly-tipping prevention.

Practical guidance

• •Source: [Accused Of Fly-Tipping By The Council? Here’s What You Need To Know](https://lawhive.co.uk/knowledge-hub/litigation/accused-of-fly-tipping-by-the-council)

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