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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

craigieboy

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Everything posted by craigieboy

  1. craigieboy
    Will update with link to the newspaper article.
  2. craigieboy
    His secretary took it. both of us either side of the recycling container..he had a couple of bags of rubbish in his boot so ideal prop. pishing with rain too
  3. craigieboy
    Met MP today there. got pics taken for local press. he uses the recycling point himself and is astounded by this. He's awaiting a response from the council.
  4. craigieboy
    Yes the MP (his office) has advised me Press will be in attendance for photos. Nice photo opportunity for him I'm sure and good coverage for me. I've also contacted my constituency MSP and 2 of the more high profile regional MSP's.
  5. craigieboy
    I'm no determining appropriate attire for meeting MP at the recycling point. Suit and a suitably disgruntled expression.
  6. craigieboy
    Yeah I feel a bit of a dick. Now I'm caught up in 'the system'. Must have mellowed in my maturity, east end Glasgow fella and these boys wouldn't approach anyone near my old area as they'd get told to gtf and probably have their car burnt out. Suppose this might end up some sport and save some other person from being approached by these roasters and paying the fine.
  7. craigieboy
    I wish though I'd either just walked past them that sunday, or just told them to gtf. or even gave them wrong name. Was that surprised and they appeared that official I was too stunned ..
  8. craigieboy
    I definitely will. We'll see what council replies to the MP. Given that they've told the councillor they will pursue it, I don't know if an MP carries more weight and they'll back down rather than have him against them.
  9. craigieboy
    Have photo opportunity with local MP at the recycling centre this Friday. He's also contacted the council so we'll see how this goes when gets in local paper and MP onside.
  10. craigieboy
    In reading the reply to the council, they state 'they cleared the hopper of bags' but didn't explicitly say they put mine in it. I got a knock back from council there saying basically wont enter into communication with me, it's up to me to either pay fine or challenge. I replied ; Thanks for your reply. It is my opinion that the wardens acted disproportionately and I'm minded to go to trial to test the number of errors they made and how they exercised zero flexibility to a committed responsible recycler. I have contacted my councillor, MP and the local press to highlight the effective entrapment of citizens by your wardens of a responsible recycler. It was nice of them however to free up the container after fining me.
  11. craigieboy
    Had contact from my MP's office who are asking if it's ok for him to raise it in the press and for MP to get a picture taken with me at the recycling point...
  12. craigieboy
    Good point. I'll check with councillor also and someone earlier on this mentioned information to request. I've replied to the council co-ordinator who said they are not backing down indicating I think this is outwith the act in that it's not litter and as a single bag of clothes, it falls outwith the act. Upon his reply, I will request stuff under FOI. Need to just ensure I ask for the right stuff however.
  13. craigieboy
    good story, as you can see from the councillors response, if get the letter from PF to say they are progressing to court, and I provide them with the details, they will hopefully laugh at the absurdity of it. Even what they have replied to the councillor shows them in a terrible light - that they issued the ticket, then after a few attempts, got container open and put bag in. I'm not a lightweight, gave it a good heave for minute or so which they acknowledge they witnessed and then fined me. If I'd just dumped without a) correctly dumping by bottles and b) flung bag over a hedge onto the railway property, I could understand. I'll see if any of my local papers respond as this is usually newsworthy in highlighting council absurdity, lack of common sense and revenue generation dressed up as civic responsibility.
  14. craigieboy
    Conniff, that's the odd thing. I hadn't technically left the car park (I don't think). They oddly never insisted on me taking the bag away with me either.
  15. craigieboy
    got this from councilor which was very fair I thought... I have now received a reply from Democratic Services. It would seem that Community Wardens were tasked with taking observations at this site and the one located near the xxxxx shops due to the large number of items being left beside the bins, particularly at the weekends. They state that whilst taking observations, you approached the site on foot carrying two refuse bags, went behind one of the recycling containers and correctly deposited one of the bags. You then approached the clothing bank, pulled down the hopper but did not deposit the bag, but instead placed it on the ground next to other bags located there. You were then approached and informed of the offence which was elected to be dealt with by Fixed Penalty which was issued. Your response was that the container was full and that leaving bags beside the bin was the correct procedure and there were bags already there. The warden then checked the container and after operating the hopper several times freed the bags blocking it allowing access to the container. Democratic Services are of the opinion that the Warden acted fairly and that the Fixed Penalty was correctly issued. I also understand that xxx xxxxx will be responding to you. Let me make several comments regarding this. First of all, if the wardens were acting absolutely fairly they should have checked if the container was full before issuing the Fixed Penalty, not afterwards. Secondly, given that they already admit to observing you deposit one bag correctly and clearly had the intention of depositing the second bag, but were apparently unable to do, a verbal warning should have sufficed not a Fixed Penalty. Thirdly, I am persuaded that these items which were clothing for a charity fall outwith the purview of Section 87 as you correctly surmise. However, and here comes the bad news, the Council appears to be sticking to its guns on this issue. You, therefore, have a choice to make. You can pay the fixed penalty or you can await the Procurator Fiscal’s decision which you could circumvent by responding by letter to the PF on receipt of the Copy Complaint from him which could take anything up to nine months. The key feature of your defence would be that the Community Wardens acted in a manner that was disproportionate to the circumstances when it could have been equally dealt with by verbal warning. Obviously, I cannot speak for how the Procurator Fiscal would react. However, what I can say is that the PF will only go to trial is he has a better that 50% chance of success on such a minor matter. My own view is that your next e.mail to xxxx xxxx should indicate to him that you believe the Wardens acted disproportionately and that you are minded to go to trial on the issue and see how that goes.
  16. craigieboy
    king12345. Like most people, I recycle without reading the small print on the recycling container and assume that if it's there it's under the auspices of the council. There was stencilling on the textile container for the cancer charity and at bottom it said 'if full or damaged phone xxxxx xxxxx' but the second bit of the number was scratched out so it would have been impossible without google search to find them. I also think that's bit off too as the onus is on the individual to notify the charity, whereas I'd think whatever arrangement the council have with the charity should include the charity taking some responsibility or the council assisting the charity in doing more than just hosting a container. In saying that, I've contacted charity who are sympathetic (albeit it's a lone worker in Scotland) who is contacting the contractor to discuss. The fact the container itself in the few occasions I've used it over the last couple of years (and found almost full each time) was emptied within 48 hours of my fine is suspicious. I've replied to council's knock back email based on crapoman's post on the legislation and forwarded onto to my councillor and my MP who have both already contacted the council and are awaiting a reply. Couple of local free newspapers also as being fined for littering whilst inside a recycling area I'm sure has a ring to it.
  17. craigieboy
    Boo, yeah it's a classic, I've no intention of paying. Have contacted my councillor and local MP and await a response. I've just emailed local newspaper as the headline 'local man fined for littering INSIDE a recycling point' is comedy gold. Ericsobro, I contact the charity and was contacted by email by their sole worker in Scotland. They were very sympathetic and advised would contact their contractor, but I don't hold out much hope.
  18. craigieboy
    Got reply from my councillor who is still waiting on response. I contacted the charity to let them know that the council was using them as a convenient vehicle for generating revenue whilst discharging their duties for full containers in council run recycling sites. Awaiting reply from MP.
  19. craigieboy
    Got this back from council. No surprise. I have now had the opportunity to speak to the Community Safety Officers who issued the fixed penalty notice and I am satisfied that it was issued in accordance with the legislation. The fixed penalty notice that you were issued with merely is an offer to you to discharge any liability to conviction for that offence by paying the fixed penalty. The legislation, Environmental Protection Act 1990, does not offer any facility for appeals to be made to the Council. Should your decision be not to take up that offer the procedure is for the Council to report the circumstances to the Procurator Fiscal at Paisley for consideration. It will then be up to the Procurator Fiscal to determine whether or not any further proceedings have to be taken. With regard to the five points that you raised at the end of your email and due to legal limitation I am only in the positions to generalise. I must specify these answers are in relation to the circumstances that you describe and not this individual incident. 1 Was the charity contacted by the Council, and if so, at what time and with what effect. The charities monitor usage of each individual container. These are emptied by them as part of a weekly schedule. Should their usage be greater this would be reviewed. 2 What is the arrangement between the Council and the charity in relation to frequency of collection? 3 Was the charity issued with a fine? The offence is committed by the person who throws down, drops or otherwise deposits the litter in any place to which this section applies and leaves it. (Environmental Protection Act 1990, Section 87) 4 Were the other users of the container issued with a fine? Fixed Penalty notices have been issued throughout the authority. 5 For how many hours did these officers sit and watch this site and how much income for the council /community did it generate? The Community Safety Officers are authorised by the Council to enforce the legislation in relation to Environmental issues. They patrol throughout the authority visiting areas of complaint and known hotspots with the aim of prevention offences from being committed and detecting offenders.
  20. craigieboy
    I took a picture of the car parking sign, the textile recycling container and the recycling point sign.
  21. craigieboy
    Took a wander over to the recycling place yesterday. It's effectively a car park of a school that has been knocked down. As you enter the car park there is a council sign saying it's a council car park, usual stuff about not staying in it over night, caravans / tents prohibited. It does mention 'no littering' which is fairly standard I'd imagine in a plain old car park. When you walk further into the car park to the area where the recycling containers are kept, there is another 'recycling point sign' which makes no mention whatsoever of littering or any instruction rules for putting stuff into containers. Oddly and despite being almost full for a few months, the textile recycling container has been emptied. There is stencil on it from a cancer charity and at bottom of container it says 'if full or damaged, please call xxxxxxxx'. The issue I now have with this is the 2nd half of the number has been scratched out so you'd be unable to do so. Also it's on council property, so as above, the arrangement for this containers placement and emptying should not be a burden on the individual citizen. Also given the signage, when is it a car park and when is it a recycling point. There is no clear distinction. Also there was usual lot of cooker hobs, cushions et al next to the various containers.
  22. craigieboy
    thanks ericb. I have complained via online form to council and have emailed my councillor also. I got an email from enforcement coordinator that both officers on a rest day (no sniggering at the back) but they will reply by end of week. I'll keep my powder dry and if don't get a satisfactory answer from them by end of week, I'll request all of the above. For a FOI request, can I request it from the coordinator I'm in touch with if don't get satisfaction or do councils typically have a FOI dept where you request this. When they got out of the car they put on their jackets which were just black waterproof jackets with some council stuff on the back, they also put on lanyards with passes. Apologies if confusion caused. One wrote out the form and got the other one to check it. So I guess they were official looking.
  23. craigieboy
    All it means to me now is everything will go in my green bin, I will not use the recycling centre in case I inadvertently break a rule and get fined. I'm sure the council will think that worked out fine.
  24. craigieboy
    There was no abuse from me. And because the word enforcement is in their job title, you'd expect some common sense to be applied. I'm not condoning abuse but I've met some conscientious public officials and even traffic wardens, who have applied some common sense in their dealings, and some of the abuse, in some instances, is down to frustrations of individuals who have tried to do the right thing, but some common sense advice may have been useful and have created a positive interaction. And a reasonable man would vote councillors to stop fly tipping or indiscriminate littering in the street, not people trying to dispose of waste but unable to use the facilities through no fault of their own and assuming that putting the bag next to other bags already there is fine. A word to the wise would have sorted this for me. I consider it a form of entrapment when you provide a resource to be used by responsible citizens, apply a punishment if they don't use it, and when they can't use it, apply the punishment to the letter of the law. In these times of informing, educating and advising, given that I attempted and was unable to use the resource after trying, and leaving my bag of clothes neatly on the pile, I feel I did enough and if sanctions were required, advice would have been sufficient. And the reason that the particular recycling container was provided by a charity, is a technical nonsense, when it was on council property alongside council recycling containers. If I'd chucked the bag over the fence onto adjacent railway property I could understand it. No doubt there will be signs but the officers time would have been better spent advising the council to contact the charity to empty their recycling container as responsible recyclers were unable to take advantage of the facilities. Either that or remove the textile recycling container.
  25. craigieboy
    oddly, my stepson was walking the dog yesterday and walked past the recycling centre and there were 2 policemen in a police car in the same spot. I don't know if he was mistaken or if was coincidence but if they are using policemen, it's bonkers ...

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