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Messages - ello91

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Non-motoring legal advice / Re: FPN - Section s33. s87 - Name and address inside bin bag as evidence only
« on: September 11, 2023, 09:23:43 pm »
Thank you for all your responses,

Unfortunately I was silly not to ask for advice sooner and have never been in a legal situation, so presumed the reason they did not immediately send a FPN but instead a Interview letter, was to just scare people with these questions into admitting guilt when they lacked evidence, I thought "no comment" would protect me from saying anything to incriminate myself, weather innocent or not and they would not pursue it further. at least have learned more about the law in this thread.

It also mentioned if I did not respond within 7 days, they would send a Fixed Penalty notice instead.

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Non-motoring legal advice / FPN - Section s33. s87 - Name and address inside bin bag as evidence only
« on: September 11, 2023, 05:54:22 pm »
Hello,

Few days ago I was sent a letter in the post from Newham for:

"Interview under caution" for Environmental Protection act 1990 s33, s34, s87.

Containing questions about a bin bag being placed outside, I replied to all the questions with "no comment" and that i normally dispose of all rubbish during the timed collection hours, i did not admit guilt or acknowledge the rubbish as mine.

On this occasion, Enforcement officers had gone through bin bags and found my name and address, they did not witness me place it there or directly approach me for this FPN, everything has been through post or email assuming i placed it.

Do I have any chance of appealing this due to lack of evidence? or simply having your personal details inside rubbish is enough to be at fault?

This is there response after I answered the interview questions:

on this occasion, having reviewed your answers, I have concluded this matter can be dealt with by service of a Fixed Penalty Notice (FPN),

All householders, including yourself have a Duty of Care under Section 87 of the Environmental Protection Act 1990, to ensure that any waste generated at your property is disposed of legally and responsibly, Upon looking at the evidence in exhibit JM001S you have not disposed of this legally .

Can anyone help? I've searched online and not found much information regarding this type of situation.

only way to respond to this is as "Representations" or should I just pay the fine and avoid any court issues?

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