I doubt it, unless she has concrete evidence that some random person decided to steal her rubbish then I think that notion would get laughed out of court!
Friend getting done for fly tipping - be warned!
- Thread starter Scam
- Start date
I doubt it, unless she has concrete evidence that some random person decided to steal her rubbish then I think that notion would get laughed out of court!
Not really. And it's more similar to the actual situation here. Waste can be harmful, hence why it has to be disposed of properly.
What is a "registered tradesman"? I've had all sorts over the years and they have all had their faults.
Again, even if it had been the legit guy, she clearly did not check his paperwork, got a receipt for the waste taken away and alist of the waste otherwise she would have realized it wasnt the legit bloke from the builders.
And that's when you are then taking a risk as you have not fulfilled anything the law requires you to so if ends up fly tipping it and it can be traced back to been yours, you are 100% guilty as charged.
you know some one who is licensed to dispose of building waste as said a thousand times in this thread, not hard to check either.
https://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers
would you let any random person do electrics or gas and not check they are qualified and sign off on the certificate.
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People wouldn't employ an electrician to work without fully checking they are qualified and competent to do the job safely, mainly because they could get badly hurt or have their house burn down.
But because it's 'just' rubbish with no effect to them many people think they can cut corners and get it done on the cheap and save a few bob. I have little sympathy for these people as it's their selfishness and greed that helps contribute to the whole fly-tipping problem!!
But because it's 'just' rubbish with no effect to them many people think they can cut corners and get it done on the cheap and save a few bob. I have little sympathy for these people as it's their selfishness and greed that helps contribute to the whole fly-tipping problem!!
I'm sure the court will apply these mitigating circumstances in that the person gave the rubbish in good faith.
However, if the law says you are responsible for the people you contract work to, then there is no escaping it.
Imagine if more harmful waste was just given to anybody that showed up for a tenner and then dumped somewhere. Who would you blame?
Id be very surprised if she isnt fined. Obviously she never checked the builder's paperwork, never checked the guy collecting the stuff.
If she had done her duty then the waste wouldnt have been fly tipped as the bogus collected wouldnt have had any paperwork. Yes he may have scammed her but she never did her checks so it wouldnt have happened. . This is no different to the hundreds of other domestic houseowners who get fined every year.
Her local council even run adverts and campaigns with celebrities and leaflet dropped every householder not so long ago about their obligations with their waste especially when they use builders/contractors.
Its a massive problem and growing so I doubt she will be let off. Plus AFAIK the magistrate can't let her off. In the eyes of the law she is guilty. All he can do is give her the minimum sentence allowed due to mitigating circumstances.
Like I said before, learn to read. It's been stated in the last couple of pages several times.
Dont often agree with you, but do fully here.
Sorry OP but I'm pleased that the councils are coming down hard on this. Your partner has an obligation to check that the person removing the waste has the appropriate certification. I'm not sure on your argument about stealing someones waste to set them up, who does that?
Living in the country it is ridiculous how many country lanes are becoming flooded with fly tipped crap. The authorities need to do something although I feel their pain having funding slashed by government it has a knock on to recycling centers opening times and what they can take (look at the fridge/freezer fiasco, no councils are accepting any more as they have nowhere to send them due to a gov **** up).
Living in the country it is ridiculous how many country lanes are becoming flooded with fly tipped crap. The authorities need to do something although I feel their pain having funding slashed by government it has a knock on to recycling centers opening times and what they can take (look at the fridge/freezer fiasco, no councils are accepting any more as they have nowhere to send them due to a gov **** up).
How come people don't understand this part?
How was she tricked? surely she either said take it or she said don't take it to whoever this random guy was, if it was the latter then she wouldnt be in court.
I'm still not buying that some guy just rocked up and thought "I'll take\steal all this rubbish for nothing".
indeed. normally someone will ask for cash to remove the waste and then not dispose of it correctly (i.e. saving the fees in having business waste certs/disposal costs).
i cant think of a single reason why someone would do that for free.
What people are failing to understand is, if some other guy turned up and took the rubbish why did she not
1. Ask for the required paperwork?
2. Query why another guy then turned up who was the right person?
Etc
I don't think point 2 has been established yet.
Aye.
I don't think that's right or fair. How is the action she is facing justifiable because she didn't check some credentials. That's almost akin to saying it's your fault a bomb has gone off in a building because you didn't check the credentials of the delivery man when you signed for the package you were expecting (which turned out to be a bomb).
What could anyone be expected to do in the circumstance - oh sorry, no, you don't have a piece of paper please don't collect my scrap. And in any case, she was told to expect a man to collect scrap... what sort of credentials should she have been expected to ask for?
In short, I disagree
Edit - I suppose I disagree there was any sense of 'fault' rather than with your post.
No, incorrect, OP does not mention scrap at all if you mean in the metal sense, the OP said or says tiles etc.
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