Enviromental Protection Act 1990 (Desposited Litter In A Place Open To The Air)

[carosio 186]

Interesting articles:   https://www.grimsbytelegraph.co.uk/news/grimsbys-litter-wardens-secret-target-2238802

 

                                               https://www.liverpoolecho.co.uk/news/liverpool-news/lawyers-advice-anyone-targetted-councils-12816258

[Dardandec 32]

They will have proof, but that proof will be mistaken. They can't take you to court on hearsay. I would contact them and ask them to provide you with this "proof" and take it from there.

[Lex Luthor 10]

On the topic of the gates...

 

I insist on asking my partner, 'is it black bin week this week?'

 

My partner insists (correctly?) that they are not black bins but are in fact dark green.

 

So, just saying, maybe the colour of the gates are not what they appear at a glance?!?

[carosio 186]

If the officer maintains the deed was done whilst the OP was actually (as said) in the process of turning into a car park, the probability is that both hands would be on the wheel, and not fiddling with winding down windows and throwing out a cigarette butt.

[apelike 10]

8 hours ago, Lex Luthor said:

On the topic of the gates...

 

I insist on asking my partner, 'is it black bin week this week?'

 

My partner insists (correctly?) that they are not black bins but are in fact dark green.

 

So, just saying, maybe the colour of the gates are not what they appear at a glance?!?

That brings up the subject of where this council employee was when he/she witnessed the incident as they would have to be close to identify that it was a cigarette butt that was thrown. PS The black bins where I live are in fact black, but I understand what you mean and another reason why the above and witness distance could play a part.

[Top Cats Hat 10]

On 09/11/2019 at 17:09, BobOfRoth said:

"Please be advised that the evidence we hold is an eye witness account from a council officer. The incident was recorded by the officer in accordance with the Police and Criminal Evidence act 1984 and their statement is the evidence that would be used if this matter were to be referred to Magistrates court"

I would take legal advice on this.

 

I have a friend who is having ongoing trouble with a council tenant. Some of the antisocial behaviour has been witnessed by both housing officers and council wardens but the council has repeatedly told her that their witness evidence would not stand up in court if the offender chose to deny that the events had taken place. They could be lying but they could also be trying it on in your case.

 

On the other hand as apelike pointed out, you may be responsible simply by being the registered keeper of the vehicle. My brother’s car was caught by one of those council ‘spy cars’ parked up to catch people making an illegal left turn at a junction. He was in the States at the time of the offence so rang them up and told them to do one. The next thing he knew was a court summons through his door.
 

Turned out that under that particular council by-law, it was irrelevant who was driving the car as it was the registered keeper who was responsible.

[BobOfRoth 0]

Success!!

I received a letter today saying my appeal was successful so thanks for the posts and advice everyone.

Have a good day all.

Bob

[DavidFrance 19]

Nice to know Bob. Thanks for updating us.