Friend getting done for fly tipping - be warned!

[Holst1981]

So let's imagine I have waste collected as in the Op

I ask for the guys number to check but he doesn't have one, or uses someone else's.

What do you do?

Can you write a receipt to cover yourself?

Or refuse collection and get another contractor?
That may be annoying in some circumstances.

 

[Kenai]

You should refuse the collection if the details don't stack up, all a receipt would prove is that you knowingly gave it to an unlicensed contractor.

 

[mejinks]

Having had expperience of councils, they don't need proof. Even when presented with proof, they want to take you to court and only serve papers the day before to ensure that you have no real prospect of defending.

Our council accused me of dumping commercial waste as well as asbestos in our two bag wheelie bin. When asked for proof, their response was "we don't need proof. If you disagree, you can appeal through the magistrates court"

I'm currently going through official complaints procedure with local government ombudsman about that.

 

[Nitefly]

Council gunna council. You can just see them deciding to prosecute, spinning around on their chairs the rest of the day - chirping merrily leaving at 5pm and contemplating how much to ask at their next pay rise.

 

[*Moangroan*]

would any of her neighbours have cctv which covered this.

They probably saved over or deleted it but you never know

 

[Glaucus]

So let's imagine I have waste collected as in the Op

I ask for the guys number to check but he doesn't have one, or uses someone else's.

What do you do?

Can you write a receipt to cover yourself?

Or refuse collection and get another contractor?
That may be annoying in some circumstances.

well according to the law, you have to check they are registered, not registered you cant legally use them, then you have to make a list of what they are taking away and keep that as a record so if it is dumped you have proof xyz with their waste registration number took xyz and as such you would be protected and they would go after the builder.

would any of her neighbours have cctv which covered this.

They probably saved over or deleted it but you never know

how would that help

 

[Arazi]

This is what i am stuck on also, if some random bloke turned up did she pay him? Nobody is just going to stop and pick up some womans rubbish and not be paid?

Well he did. She definitely did not pay him. He must have thought there was something valuable in there.

What kind of bloke turns up and takes rubbish away for free? something does not seem right, also i have never heard of anyone stealing someone's rubbish.

Fishy.

 

[Arazi]

It is her responsibility to ensure it's disposed of properly. Simple as that. She failed in that duty.

She had the responsibility to see that it was collected by someone authorised to dispose of it. Did she do that? No. No she did not. If I had a load of rubbish in my garden (I do) and it disappeared, I'd be reporting it first thing.

This, it is quite simple.

 

[Glaucus]

What kind of bloke turns up and takes rubbish away for free? something does not seem right, also i have never heard of anyone stealing someone's rubbish.

Fishy.

traveller types with a pickup. who then dump/burn the waste and just want scrap metal and other high value waste. See them driving around all day on poorer estates.

 

[Arazi]

It happens all the time. They take your rubbish take out the scrap metal and dump the rest.

If they come and say "hey we just want the metal" then the owner will probably tell them to **** off. Which is why they usually offer to take the whole load and then pick out the metal later.

The OP only says "tiles etc", there is no mention of any scrap metal, even if there was, how much scrap metal do you think comes out of a kitchen, not a lot.

And again, see Dis86 post above, it is her fault.

 

[Arazi]

traveller types with a pickup. who then dump/burn the waste and just want scrap metal and other high value waste. See them driving around all day on poorer estates.

I totally understand and agree with you, but, like in my post above, there is no mention of scrap metal, only "tiles etc". I imagine there may have been some metal in there, but there would not be much, apart from water pipes everything is just old kitchen cupboards, tiles, MDF and rubble etc etc, i bet most people could strip their kitchen and come away with no scrap metal of real value.

I know people who have used ****** or man with a van types, they usually still want ~£20 to shift and then fly tip rubbish, regardless if there is any scrap mixed in, i live in a town that has quite a few of these kind of white van men\******.

 

[LeeUK]

Number one rule is when you let someone take your rubbish away you make sure nothing identifiable is in amongst it. Rookie error.

 

[C.R.A.Z.Y]

Number one rule is when you let someone take your rubbish away you make sure nothing identifiable is in amongst it. Rookie error.

Or better still don't be a selfish tight-ass and pay a proper removal company, I bet all you smart-alecs would be the first and loudest to complain when someone fly-tips near your house

 

[Scam]

it makes no different, did she check with who ever was hired to do it. it seems 99.999% she didn't.

I don't know absolutely all the facts but like I've said a million times she is not the sort of person to do things half-assed. She takes a lot of pride in her house and I'd say with almost certaintity she checked out the builder's credentials to whatever extent was necessary and used somebody that was well known and well recommended. But that's irrelevant, because somebody stole her rubbish.

I totally understand and agree with you, but, like in my post above, there is no mention of scrap metal, only "tiles etc". I imagine there may have been some metal in there, but there would not be much, apart from water pipes everything is just old kitchen cupboards, tiles, MDF and rubble etc etc, i bet most people could strip their kitchen and come away with no scrap metal of real value.

I don't know what was piled up because I wasn't there. But she had the whole kitchen replaced so I'm thinking there was at least all the old cupboards, units, fridge, sink etc.

Number one rule is when you let someone take your rubbish away you make sure nothing identifiable is in amongst it. Rookie error.

Sad thing is that this is about the only thing I've taken away from this whole incident. Seems the law is ridiculous and no matter what happens the council can do you for it, regardless of who's stolen your rubbish etc.

 

[Glaucus]

I don't know absolutely all the facts but like I've said a million times she is not the sort of person to do things half-assed. She takes a lot of pride in her house and I'd say with almost certaintity she checked out the builder's credentials to whatever extent was necessary and used somebody that was well known and well recommended. But that's irrelevant, because somebody stole her rubbish.

why would you assume this, if someone stole it, then the chances of her being in court is pretty low.

the more realistic option, is like most of us in this thread she didn't know the law and as such didn't check credentials, did make a not of who and what rubbish was taken and as such is know in this position.

Sad thing is that this is about the only thing I've taken away from this whole incident. Seems the law is ridiculous and no matter what happens the council can do you for it, regardless of who's stolen your rubbish etc.

how on earth have you come to that conclusion.

 

[LeeUK]

Or better still don't be a selfish tight-ass and pay a proper removal company, I bet all you smart-alecs would be the first and loudest to complain when someone fly-tips near your house

Whats proper and not proper?

Once they leave with your rubbish you have no idea what they will do with it even if they appear legit.

Too many tradesmen on the make these days.

 

[Dis86]

Whats proper and not proper?

Once they leave with your rubbish you have no idea what they will do with it even if they appear legit.

Can you read? It's been stated several times throughout the thread...

One that is registered with the correct authorities, produces identifying paperwork when requested and has the correct disposal permits in place.

 

[Glaucus]

Whats proper and not proper?

Once they leave with your rubbish you have no idea what they will do with it even if they appear legit.

what's proper is what the law says, if you have carried out what you need to do, it doesn't matter if they dump it, you are protected.

you have to take reasonable responsibility and the law defines what that is. you dont have to ensure they don't then dump it.

Under section 34(2) an occupier of domestic property must, "as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes" but has none of the other section 34(1) duties.
Authorised persons include local authorities who have responsibility for waste collection, persons licensed to manage or registered to transport waste or otherwise exempt persons (s.34(3)).
Section 34(5) allows the Secretary of State to make regulations as to retention of documents and the Environmental Protection (Duty of Care) Regulations 1991[12] stipulate that:
All transfers of controlled waste must be accompanied by a transfer note (reg.2);
Copies of all transfer notes must be kept for two years (reg.3); and
Transfer notes must be available to the enforcement authority (reg.4).

 

[Scam]

why would you assume this, if someone stole it, then the chances of her being in court is pretty low.

Because that's what happened. She was expecting the (legit) builder's guy to turn up, somebody turned up and took her rubbish away. She was tricked into letting them take it, therefore it was stolen. Just because she was there trying to figure out what was going one, doesn't make it less true!

how on earth have you come to that conclusion.

See above.

 

[Dis86]

Because that's what happened. She was expecting the (legit) builder's guy to turn up, somebody turned up and took her rubbish away. She was tricked into letting them take it, therefore it was stolen. Just because she was there trying to figure out what was going one, doesn't make it less true!

See above.

I've not seen any statements from you show she was tricked. Just that some bloke rocked up and went "i'll take that away for £££".