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Accused Of Fly Tipping - PACE Interview


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Hello everyone... this is my first post!

 

I hope somebody can give me some advice as I'm sick with worry.

 

I've read and understood all the other Fly Tipping Posts but this scenario is a little different.

 

I live on an estate and at the top of my road there's a council public waste bit. I think it's only there because it used to be a bus stop there but that service no longer runs.

 

Anyway, over the last 2 years there has been an accumulation of black bags from residents surrounding this bin. Indeed, even the council road sweeper man leaves several bags there on his weekly rounds. A council lorry comes very regularly and collects it all.

 

What I'm trying to say that the location appeared to be an accepted place where rubbish was being left & collected on a regular basis.

 

Anyway, a few months ago I remember adding my own bag there as my own bin was full and wasn't due to be collected until the following week.

 

Well, today I received a letter from the local Council saying that items of waste directly connected with me has been found in an illegal area. They want me to attend a PACE interview in December and I'm scared to death.

 

I want to co-operate but if I say exactly as it was I know will be prosecuted which will have direct consequences for me (I'm a newly qualified Nurse applying for posts).

 

My friend says, irrespective of circumstances they haven't got enough evidence to prosecute but as soon as I tell tem what I've done, under caution, they'll have me and proceed with prosecution.

 

I really didn't appreciate that my action was classed as fly tipping but, because of the circumstances described above, I thought it was okay.

 

I can't afford a solicitor and my local CAB are too stretched to offer any support.

 

My friend further suggested that I say I have no idea how the items got there or just keep saying "no comment" but I'm not that type of person.

 

My only defence, if you can call it one, is that the council themselves deposit waste there (I'll need to prove that) but I don't think that excuse will wash.

 

I now appreciate I've done wrong and I feel so ashamed!

 

 

Thanks for reading!

Debbie

Edited by secret_soulmate
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Hello everyone... this is my first post!

 

I hope somebody can give me some advice as I'm sick with worry.

 

I've read and understood all the other Fly Tipping Posts but this scenario is a little different.

 

I live on an estate and at the top of my road there's a council public waste bit. I think it's only there because it used to be a bus stop there but that service no longer runs.

 

Anyway, over the last 2 years there has been an accumulation of black bags from residents surrounding this bin. Indeed, even the council road sweeper man leaves several bags there on his weekly rounds. A council lorry comes very regularly and collects it all.

 

What I'm trying to say that the location appeared to be an accepted place where rubbish was being left & collected on a regular basis.

 

Anyway, a few months ago I remember adding my own bag there as my own bin was full and wasn't due to be collected until the following week.

 

Well, today I received a letter from the local Council saying that items of waste directly connected with me has been found in an illegal area. They want me to attend a PACE interview in December and I'm scared to death.

 

I want to co-operate but if I say exactly as it was I know will be prosecuted which will have direct consequences for me (I'm a newly qualified Nurse applying for posts).

 

My friend says, irrespective of circumstances they haven't got enough evidence to prosecute but as soon as I tell tem what I've done, under caution, they'll have me and proceed with prosecution.

 

I really didn't appreciate that my action was classed as fly tipping but, because of the circumstances described above, I thought it was okay.

 

I can't afford a solicitor and my local CAB are too stretched to offer any support.

 

My friend further suggested that I say I have no idea how the items got there or just keep saying "no comment" but I'm not that type of person.

 

My only defence, if you can call it one, is that the council themselves deposit waste there (I'll need to prove that) but I don't think that excuse will wash.

 

I now appreciate I've done wrong and I feel so ashamed!

 

 

Thanks for reading!

Debbie

 

You do not have to incriminate yourself by admitting anything. Don't expect the council to admire your honesty and to take no action. If the spot is being used regularly to dump waste, they may look to use you as an example to others by looking to prosecute.

 

If you did see a Solicitor, they would probably tell you to not answer any questions or make any statements, until the council disclosed all evidence they hold. If they don't hold any specific evidence e.g photographs or video evidence of you leaving the bag, then you could say that you do not remember leaving a waste bag where it was found and can offer no explanation how it got there. You are aware that people in the area leave waste there and this includes the council road sweeper who you have seen place waste in that spot, as the council waste collection service does regularly take waste from that spot.

 

i don't normally advocate anything other than telling the truth, but you read reports in the media every week where councils will prosecute people. They won't care if a criminal conviction, has any effect on your career or life in general.

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IMHO opinion excellent advice from Unclebulgaria.

 

When you attend the interview take someone along with you for support. It will not seem as threatening as being on your own to have someone 'hold your hand' so to speak. Do not admit to anything until/unless you know exactly what evidence the Council are relying on.

 

It sounds like they have found items in the bag of rubbish directly connected to you - probably something like an addressed envelope you have discarded from junk mail or similar.

 

If they cannot prove you placed the rubbish there they will have a weak case against you which you will only make stronger if you admit to what you have done.

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Thanks unclebulgaria67, aburobert & Conniff - I'm already feeling a bit better.

 

 

In a way the letter already has served it's purpose as I would never leave anything there again.

 

 

The letter doesn't mention photographs or CCTV so perhaps, as mentioned in other threads, they are just fishing so I incriminate myself.

 

 

I will also try to get a picture of the road sweeper leaving his bags there although the council would probably say he's allowed to do that ahead of the collection lorry.

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There is a handy guide at http://www.advicenow.org.uk/guides/deal-interview-under-caution which goes through how to deal with an interview under caution.

I know you say you are a newly qualified nurse applying for posts. Are you in one of the nurses’ unions yet, if so their legal departments could be able to help. If not, have you looked at the possibilities of Civil Legal Advice and/criminal legal aid. Depending on your circumstances these may be available.

 

I am not convinced with the suggestion that you would be able to take a friend into the interview with you for moral support.

Edited by richard_se11
wrong word used

In England advise is a verb (a doing word) advise/advising/advised, advice is a noun. I might ask for advice or give advice.

 

The same with license (verb) license/licensing/licensed, but one would have a driving licence (noun).

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And then you could say but why has he taken my extra bags from beside my bin and dumped them there :)

 

Exactly the point that I was going to make

 

You will probably have been traced through the contents of the bag - they will almost certainly not have evidence of you actually putting it there, so how can anybody (including you) be sure that the rubbish in question wasn't put there by the council having moved a loose bag from outside your house? It is I am sure, not a crime to have a surplus bag which won't fit in the bin but which you hope will still be collected - certainly happens here a lot

 

Not advising dishonesty you understand, but you may not have been the one who put that particular bag there, so if it were me I would admit to nothing and say in support of your case that you have regularly witnessed rubbish being moved there by the council prior to collection and so much better if you could illustrate that.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi

 

Could I ask the area the council are using as a dump does it have and signage at the entrance or around it?

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Hi

 

Could I ask the area the council are using as a dump does it have and signage at the entrance or around it?

 

 

It's not really an area as such, it's just a bin at the top of my road where there used to be a bus stop. The bin is on the pavement which is quite wide at that point. For some reason over time it somehow became a 'designated area' because people could see that the council van came on a regular basis (sometimes daily) to collect the bags which they know have been left by their road sweeper.

 

 

Interestingly, when I was out walking the dog this morning I see that the council have now strapped a small sign on the bin saying fly-tipping is illegal and you could be fined up to £50,000

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