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I've been served an Enforcement notice - confused.

(87 Posts)
WelshMoth Sat 09-Nov-19 14:48:01

Just opened today's post and, in my name (but with next door's address), I've been sent an enforcement notice served under Section 46 of the Environmental Protection Act, 1990.

It says that I've been served this notice because the Council have evidence in my name found in waste removed from the rear of a large road in my nearest town on the 30th of October.

I'm really confused. I have no idea what this means or how this happened. I'm not a litterbug - am the exact opposite.

I teach in the nearby Comprehensive but this is about 1 mile from where the 'evidence' was found.

I've googled maps and I don't recognise the road so it isn't one on my route. I may have used it recently because I got tangled up in the one way system in that area, got lost on my way to somewhere because of a diversion, but am pretty certain it wasn't on that date, plus I didn't stop or get out of my car.

The only thing I can think of is that I've cleaned my car - the usual routine of grabbing scraps/wrappers from my car and binning it in the nearest bin I can find - but even then, I never dump it- I always, always always bin it safely.

The letter doesn't actually tell me what I have to do now - it includes a reminder of how to dispose of waste and a calendar for kerbside collections and recycling for my area.

A third bit of paper tells me how to appeal and whether the court will either quash or modify or dismiss the appeal.

I AM TOTALLY BAFFLED and just a little stressed about this. I've rang the Council telephone number, but of course, there's no one there this morning.

Has anyone come across this?

I know people say "It's not me Gov, I'm totally honest" but honestly, I recycle everything I can, keep a bag in my car for rubbish, I've been known for reporting other cars who bung stuff out their window to the non-emergency line.

Help!

foxyknoxy30 Sat 09-Nov-19 14:53:51

Have you recently had any work carried out where the worker took away your rubbish?

Mickhasnotorso Sat 09-Nov-19 14:57:08

This usually happens when rogue traders are supposed to remove rubbish and dispose of it correctly but then actually fly tip it.

WelshMoth Sat 09-Nov-19 15:03:57

No, no work carried out at all in my home.

I'm racking my brains. I'm wondering whether a pupil has pinched some paperwork from my desk/diary and one of those is a payslip of something?? And they've dumped it nearby where they live? The area where the waste was found is a catchment area for the school I work in?

Totally baffled and a tiny bit stressed, I must admit.

CuriousaboutSamphire Sat 09-Nov-19 15:04:52

If it is an enforcement notice it won't be for litter. It will be for fly tipping.

Have you had any work done, skips etc?

Has your neighbour?

The letter had your name and mext door's address? So the postman delivered it to you, rather than the address on the envelope? That's probably enough to quash the notice, but try again on Monday morning, see what they say!

WelshMoth Sat 09-Nov-19 15:16:41

Thanks. I'll phone them.
No work at all whatsoever.

The next door neighbour hasn't either, to my knowledge. We share the same surname, but he's single - lives alone.

This is really baffling.

GhostlyGeisha Sat 09-Nov-19 16:18:36

It happened to me, 70 miles away, I had never been to the area. It turned out it was an ebay invoice that had been printed but not put in a parcel to me, dumped 4 bags of rubbish in an alleyway. No further action was taken against me.

WelshMoth Sat 09-Nov-19 21:21:49

I wouldn't mind knowing what this 'waste' actually is. Will
Phone them on Monday.

The letter is strange - doesn't actually state what the penalty is - no fine, nothing. Just says I have 21 days to appeal but I don't actually know what I'm appealing?!

IsAStormApproaching Sat 09-Nov-19 21:22:30

If you and your neighbour have the same surname and it is under nextdoors address, it could possibly be a mistake and was actually meant for nextdoor.
Definalty phone up and ask.

Jimdandy Sat 09-Nov-19 22:03:40

Ex Environmental Enforcement Officer here.

A section 46 Notice is just a notice specifying how you have to present your waste, hence the information on recycling etc inside it.

Nothing will happen now unless they find rubbish connected to you again and then they can issue a fixed penalty notice for non compliance.

As it’s a legal notice they give you a chance to be appeal being served this.

It’s used to enforce bins not being left on the street

WelshMoth Sun 10-Nov-19 07:19:21

Jimdandy thanks for replying.

So, stuff I may have put in a bin? Do they mean a public bin? The letter says "waste was found at the rear of 'a certain' street (in the nearest town).

If I phone them, will they be able to give me more details? I guess the only thing I'm guilty of is putting the rubbish from my car (just empty wrappers, water bottles, maybe old bakery bags if I've stopped and bought a sandwich for me or for the DD's) into a public bin. I thought that was allowed?

I don't know how it's at that particular street as well? When I google mapped it, it's definitely not an usual route - at best I've driven along it twice in my whole life because I was lost!

WelshMoth Sun 10-Nov-19 07:19:39

Thanks to everyone who's replied as well.

Dontcarewhatimdoing Sun 10-Nov-19 07:44:59

If it has next doors address on it, and his surname is the same as yours, why do you think it is meant for you? Surely the logical conclusion is that you have accidentally been given his post? I'd pass it on to him and forget about it.

NeverTwerkNaked Sun 10-Nov-19 07:48:36

If you share the same surname and it was his address then surely it was his post?

prampushingdownthehighst Sun 10-Nov-19 07:50:03

I thought exactly the same ^^

WelshMoth Sun 10-Nov-19 07:50:03

@Dontcarewhatimdoing because they have my first name on the letter (same surnames).

WelshMoth Sun 10-Nov-19 07:52:20

I would pass it on if it was for 'Mrs Smith' (it's not this surname but it's a really common surname in these parts), but because it's my first name on the letter, I assume it's mine.

TheQueef Sun 10-Nov-19 07:56:04

If it is miles away then something with your name and address on was disposed of. That's how they've tracked you down. Did you have a car purge and put it in the public bin disposing of mail etc?

VictoriaBun Sun 10-Nov-19 07:58:00

Is there the possibility it's a scam letter ?
However, it's in my local paper that a woman had recently been fined for buying a McDs , driving into the local Morrison's car park eating it , but putting the milk shake cup and straw outside her car and driving off, and she was spotted and fined £150. Could someone have seen you drop something on the way to the bin, but not bend down to pick it up ?

Longtalljosie Sun 10-Nov-19 07:58:23

Check the number is accurate and this isn’t a scam

WelshMoth Sun 10-Nov-19 08:04:28

TheQueef yes that's possible, but a purge wouldn't be massive (a third of a small carrier bag?) and it would be in a public bin in a petrol station or supermarket?! I thought this was ok 🙈

That said, I don't put mail or anything personal because I'm paranoid about identity fraud.

WelshMoth Sun 10-Nov-19 08:08:13

Victoria it could be a possibility I suppose. I tend to chase stuff around like a loon, but I guess that it's possible I dropped something at some point.

Not on this particular road though. I didn't get out of my car at all and even then, I'm not convinced I was on this road! I got a bit lost some weeks ago because of a diversion - that's the only thing I can think of!

WelshMoth Sun 10-Nov-19 08:09:22

Longtalljosie what number? The reference number on the letter?

TheQueef Sun 10-Nov-19 08:10:44

You aren't supposed to dispose of domestic waste (post) in public bins so if you've accidentally thrown away a mail item from your car with the car litter it will be that.
I drive a moving skip too so have done this exact thing.

Bluetrews25 Sun 10-Nov-19 08:16:13

They are talking about fly tipping - so a larger quantity of stuff compared to a takeout box - dumped somewhere where it should not be. Not putting your rubbish in a public bin, which is of course allowed. Something in the dumped stuff had your name and address hence they traced you.

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