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  1. Hi. A bit late, but I used to be an Environmental Protection Officer and enforced such issues. Several things, 1,giving the incorrect name but the correct address is just plain dumb! If you are going to lie, then lie properly. Secondly, there are several offences at play your friend could be guilty of, from defacing property through to public exposure. Third, if the council are worth their salt, they will interview your friends family under caution in order to identify him, s108 of the Environment Act allows an authority to require that a person incriminate someone in their enquiries or face prosecution. Themself. Tell your friend to pay the upper limit, I guarantee you if they haven't begun legal proceedings and served a summons, then they will accept the money. If they prosecute they get none. If they fine, then they keep the money. Lastly, tell your friend to piss somewhere more discrete next time.
  2. Where to start... Over the age of criminal responsibility then yes fpn can be issued. Officers need to advise you of their identification and do not have to be in uniform. A valid Id should be shown though. Failing to give correct details is an offence which can lead to arrest. 80 is cheaper than the several hundred you would get in court up to a maximum 2500. I have even had People demand proof that they dropped the litter ie photographs. Doesnt wash. If an officer saw you drop it then it's likely you dropped it. If not then you should argue the fact in court. If you dropped it then you have committed an offence Under British law. Your only legal defences are that you had permission to do so, that it wasn't litter/controlled waste or that it was disposed of in an emergency. Hope you got it sorted.
  3. If they have evidence (statement, CCTV footage etc) then an authority (police or council) aren't obliged to provide you with proof... not until the prosecution. Then it's too late and it's the magistrate that decides whether you are guilty or not. You either did it or you didn't.
  4. It does include private areas as well. A common misconception is that littering is only if it;s on public land. Key part of the legislation actually states littering or depositing waste is illegal 'In or on any land' unless authorised to do so. End of the day, if someone throws a fag butt into your garden, would you consider it littering? However, if you said to that person 'Yes, go ahead and throw it onto my garden' then that's NOT littering as you have given permission to do so.. .So ask yourself 'did I get permission to deposit my waste onto their land for them to clear up?' If the answer is 'yes' then no crime has been committed. If you walked ont their land, couldn;t find a bin and thought 'ah well, it;s not like it matters' then yes you commit a crime. Also, another common defence 'it's biodegradeable'. Well...EVERYTHING is bio degradeable... a plastic bottle may take hundreds of years , but it will eventually biodegrade... still littering. .. just like an apple core will take weeks. .. still littering.. . I know no one has said anything like that but just for future interest. People should be more responsible with their waste...
  5. Environmental Protection Act 1990 s87....
  6. Private property or not, if you dont have permission to deposit litter on the ground yoh are committing an offence...
  7. My car is due to be returned to the lease company this friday, and I have an insurance claim in regarding the repair to the roof lining. The approved repairers gave a turnaround of 3 weeks, and I advised the insurance company I would search for another garage. The local main dealer for my vehicle (Ford Focus) advised me they had the part in stock, and they ordered it and booked my vehicle in for repair on the Monday (yesterday). The insurance company have approved the repairs to go ahead. So I took the car in and was about to hand the key over when I asked if the part was in, bearing in mind the job takes about 3 hours to do, and they then told me the distribution depot was on strike and they didnt have it in but the part had been picked and put on the lorry on Saturday night (10:01) and they would contact me when it did arrive. So this morning I find out the part has 'gone missing'. I have since found out the part never existed and it was a foul up in their computers and there isn't another one in the country! These are my choices: I keep it, the lease company charge me extra for keeping the vehicle beyond the end contract date (my employer ended the scheme for the majority of leased car users and as such will not contribute any further payments) and I simply cannot afford it. That way I can still get the repair done, however, I will be paying for 2 cars and only using 1 as I am in a contract with another company due to start in the next week or so. OR I send the car back and I get the wrath of their 'wear and tear extortion', despite the damage being repairable under the insurance.If they were to keep the car in their storage for a few weeks then it can be repaired no problem but they have said it is driven straight to auction. The insurance will not cover the lease company's value of the damage, and will only cover the repair, however the lease company WILL NOT repair it and will fine me for having the damage. Can someone advise me urgently please? Am I being right royally screwed over or is it just me? Where do I stand?Thank you.
  8. The contract doesnt mention a minimum hours. However she is full time employed and as and when the business requires. ie sometimes there may be less hours due to.business demands. however they are not considering demands purely her migraine attacks. If that makes sense...
  9. i would agree wholeheartedly. As they have no contractual absence management policy I feel they are being very unfair to impose the lesser hours. A Reasonable change for her would be to let them know asap... even if it is moments before or during her shift. sometimes she battles through but other times such as today she is crippled in pain. Its not like its every single day but she has them regularly enough to impact her life. 2-3 a month... thank you for replying.
  10. Hi, My partner is suffering frequent migraines, doctors have put her on beta blockers but this only reduces the migraines to 1-2 a month. she has had them all her life and when she does not have them, she ges above and beyond for her employer. However, as the sufferer of migranes knows, these can be sudden attacks out of nowhere. Her employer has a policy that you must ring in sick hours before the start of the shift if you are ill which is fair enough (however this does not work when there is noone else in to receive the call but that's a seperate matter). there is no absence management policy in her contract or in the handbook (McDonalds Franchise). She had a sudden migraine attack today half an hour before shift start, previously her manager has told her to 'sleep it off' before ringing into work. Well, she went in today and advised them she physically could not work. Her manager's response was to say that they are going to be cutting her hours as punishment for being off sick frequently with migraines without giving prior notice (ringing in 2 hours before shift). they have not made reasonable adjustments to compensate for this particular illness in her case, however there is no case law (that I can find) that constitutes a migraine being covered under the DDA, but the HSE states migraines could be covered by the DDA as they can be detrimental the the health and safety of the workplace... she has worked there for 5 years and this has been a common factor. Only the new manager in the past 4 months has decided this form of action is now required. Are they entitled to cut the hours as punishment therefore reducing her pay drastically? Can they do this without disciplinary? Does this sound like discrimination? Would appreciate any feedback. Thanks
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