Falsely accused of fly tipping **RESOLVED**

[chris100575]

Recently my wife took some rubbish to the local recycling centre including a bag of household waste which she placed inside the waste bin.

 

Since then the council have accused her of fly-tipping and have produced a photograph of our bag of rubbish but on the ground next to the clothes bank - not where she put it - along with a whole pile of other rubbish which is not ours.

 

They have now said that she needs to be interviewed under caution, the site has CCTV and we've asked them to review this as it will prove that she put the bag into the bin but they will only speak to us via email at this point and keep avoiding the question of CCTV.

 

Apart from the obvious stress engaging a solicitor is likely to cost more than the £120 reduced-rate fixed-penalty they've offered, but paying it would be admitting guilt when she's innocent and risking a criminal record.

 

Any advice?

[chris100575]

Thank you. I'm hoping it will go one of two ways: either they have CCTV footage in which case it will prove that she put the bag into the bin and hopefully explain how it came to be outside it, or they don't have CCTV at all. In the latter case I'm hoping that as the photo is the only evidence they have it won't be enough for a conviction.

 

Am I correct in thinking that the burden of proof lies with the council, and that they need to be able to prove beyond reasonable doubt that she fly tipped?

 

Honestly it would be less stressful if she was guilty because we could just pay the £120 and be done with it!

[chris100575]

I can scan / photo the letter later on. It's basically worded that prosecution can be avoided by paying the fixed penalty, I suspect they're hoping that people will do that rather than having to take them to court.

[chris100575]

Quick follow-up: we have taken legal advice and they have confirmed that the onus is on the council to prove that my wife committed the offence they're accusing her of and that the photograph of the bag is circumstantial and proves nothing as anyone could have moved it there.

 

She's attending an interview next week where the council will be obliged to fully disclose what evidence they have. Hopefully they have CCTV footage in which case she'll be exonerated. If not and all they have is the photo I doubt they'll be able to take it any further. 

[chris100575]

Sorted.

 

My wife has been called today by the manager of the enforcement team, he said that something hadn't felt quite right and that he had contacted Tivoli (the waste contractors on site) and had asked them if they had removed rubbish from the waste bin to look for addresses.

 

Tivoli would neither confirm nor deny this, so the council is conducting an investigation which will result in disciplinary action against Tivoli if this is found to be the case.

 

The council have confirmed that no further action will be taken against my wife as they believe that she did nothing wrong, and that she does not need to attend the interview.

Edited July 21, 2022 by dx100uk
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