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Court Action for Flytipping

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  • Court Action for Flytipping

    Hi I am really hoping that someone can help me as me and the family are at our wits end now with threats of court action from the Council.

    To cut a very long story short our Daughter received a letter from the Environmental Unit at a Council which is not even in our area accusing her of fly tipping in a place that is over an hour away and inviting her for an interview under caution.
    
    As our Daughter has learning difficulties and won't speak to people she doesn't know and certainly wouldn't be able to attend an interview I spoke to the Environmental Officer who was very rude and a jobs worth and he argued with everything that I was saying to him. The Council have dragged their heals all along and after me complaining to the Councils CEO's office before Christmas, we have today finally received a questionnaire (instead of attending an interview) which needs to be completed and returned within 14 days or else when it's dated 15 December! Now unless someone has a time machine that I can borrow I won't be able to go back in time to the 14 days.

    The fly tipping is supposed to be a mobile phone bill which is in our Daughter's ex-boyfriends name which they found amongst a double bed base, wooden pallets and approx. 30 black bin bags and other items. The ex-boyfriend has wrote a statement to the Council saying that he didn't do it and the mobile phone bill must have been dumped by our Daughter with the rubbish as he left it at our home when he lived with us and as the mobile phone was for our Daughter.

    The whole thing is absolute fairy tales as the ex-boyfriend has never lived at our address and I deal with all of the rubbish and we pay for a private contractor to come and collect the rubbish for the weeks when the council don't collect so there's no need for our Daughter to fly tip and the place where my Daughter was supposed to have dumped the rubbish is an hour away and she has no transport so how on earth was she supposed to dispose of a bed base, approx. 30 bags of rubbish and other items. A bus or taxi certainly wouldn't let her take them!

    We have had major problems with the ex-boyfriend and this is just yet another way to harass my Daughter.

    I have rang a Solicitor for some free advice and he advised to reply to the Questionnaire with "no comment - no case to answer" which I am happy to do as there is no evidence whatsoever that my Daughter has done the flytipping but we are just concerned that the Council will still go ahead and prosecute our Daughter.

    Any advice in how to deal with this is much appreciated.
    Last edited by DrewUK; 6th January 2017, 14:27:PM. Reason: Removing text again
    Tags: None

  • #2
    Re: Court Action for Flytipping

    Also I have just sent them a holding letter in the meantime:

    Dear NAME REMOVED,

    We are in receipt of your correspondence dated 15 December 2016 which has only been received in the post today. This further delay is quite unacceptable.

    We have passed your correspondence to our legal representative for their perusal and will provide you with a substantive response in due course.

    Yours faithfully

    Comment


    • #3
      Re: Court Action for Flytipping

      So if all the evidence the council have is the ex BOYFRIEND'S telephone bill, and his word he left it in your house I would tell the council to go swivel.

      I wouldn't worry about court action as I'm sure your solicitor will put the council right.
      All the jobsworth has been trying is to get an admission from you that your daughter may have been responsible.

      Comment

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