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I've been served an Enforcement notice - confused.

86 replies

WelshMoth · 09/11/2019 14:48

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!

OP posts:
Longtalljosie · 10/11/2019 08:20

It sounds a lot like it’s your neighbour anyway if you have the same surname and it’s his address.

bonzo77 · 10/11/2019 08:25

I’m confused. It was delivered next door with your correct full name (same surname as next door but different first name)? But with who’s address? Because if they’ve identified you using discarded documents, then they should have the correct name AND correct address. If they’ve got your name and next door’s address then I’d be sending it back as “not known at this address, opened in error”.

WelshMoth · 10/11/2019 08:27

bonzo77 my name but same surname.

Next door's address on letter.

Gah! Stressing - too many words like 'appeal' and ' penalty notice' and 'Court' in this letter.

I'll phone them tomorrow.

Thanks everyone for answering.

OP posts:
TheSquashyHatOfMrGnosspelius · 10/11/2019 08:29

I seem to remember a segment on a TV program about this. A man was seen on CCTV tidying his car out and putting the waste in a public bin. It's actually an offence I believe to do this as the bin is designated for street waste. If you would ordinarily be able to clean your car and put the waste in your domestic bin, that is what you should do is the thinking behind this. I was surprised watching it but when they explained why, it made sense. They are trying to prevent people putting their domestic waste in public bins for obvious reasons. Could this be what you have fallen foul of OP?

Zaphodsotherhead · 10/11/2019 08:44

As above, if they've got your full name then they've got the wrong address, so how have they found this? They've either found your name and looked up your address (and got it wrong) or got the address and looked up the name (and got it wrong). So it looks as though someone has got the wrong end of some stick.

I'd look up the phone number for your local Fly Tipping department (don't know what you'd call them) and ring to explain. Because it could be a scam, and a follow up 'fine' is about to arrive through your letterbox!

Aridane · 10/11/2019 08:44

Oh come in - putting some sweet wrappers etc in a public bin when clearing out the car sure,y can be an offence??

bonzo77 · 10/11/2019 08:45

@WelshMoth I’d get next door to send it back (ask them to seal it and write on the envelope as above). If they (council) sent it to you using details on discarded paper work they’d have the correct details. I think this is a scam. You’ll phone the number in the letter, they’ll say you can make a payment to make this all go away, and then they’ll have your credit card details. If you phone the council, get their number or email from their website. Not this letter.

Kidlacky · 10/11/2019 08:45

Do a counter claim against the manufacturer, take them to a small claims court, £50 and an online form is all it takes to issue them a similar notice..... its not an enviromnetal protection order, its a small claims tribunal...... say you never asked for this packaging but there no other option, its not your responsibility, its the governments environmental policy that protect the manufacters of plastic packaging and penalises the end user , who doesnt even ask for it. WE dont want it, dont give it to us.... tell them that. They can change tommorow. Coca Cola just stopped making glass bottles in africa..... and began making more plastic ones, millions of them, and they did that about a year ago. THEY GET NO PENTALY. FOR CREATING ANOTHER 100,000000 PLASTIC BOTTLES, DONT PAY IT . FIGHT TO THE DEATH.... TAKE THE COMPANY WHO GAVE IT TO YOU TO COURT, IT ONLY COST £50 , DO IT ONLINE NOW. DO IT EVERYTIME A COMPANY TRIES TO STITCH YOU UP ........ AND EMAIL YOU LOCAL PM..... TELL THEM THIS. we dont make it, we dont want it, its unecessary, i used to go to. a green grocer and get a paper bag and it went in my mums trolly, not a carrier bag, its totally possible to not have plastic and they know it, its just easier and more profitable for them...... SUE THEM YOURSELF !!!! good luck.

Aridane · 10/11/2019 08:48

Er, just phone the council - no suing required

TheQueef · 10/11/2019 08:49

Ari they don't want people taking bags to public bins when their own get full.
For it to be a litter offence it must have had id so a letter from home etc.
We have a big eastern European community local to us and there have been ridiculous rubbish issues.

Kidlacky · 10/11/2019 08:52

The law isnt there to get you, its there to protect you, its availble for you like it is the council. Its a tool for everyone, not just rich and poweful people. £50 and the company , will reiceve a letter throught he post , like you did, and it will have a Royal Coat of Arms on it, from the courts, and like it did you, it will put the wind up the company, and really, its them, not you. They are the producer, and you have no choice. Ask where the paper bags are? Clean , recyclable paper. Do you now why you can put tins in with plastic? Becuase they burn it and produce electricty with it, and the metals runout the bottom of the furnice....... when they sell......... they dont recycle it, they burn it and make electricty, then sell it you... and me. And produce blocks of black soot residue, which they bury for our grandkids to find later and get cancer from. They dont recycle it, they burn it. BLOODY PISS TAKE. FUMING.

FlamingoAndJohn · 10/11/2019 08:53

What.....is all this about.....how is it helpful......?

Anyway. I assume this letter has come from the council who will have done some research to find who has dropped the litter. In that case I find it odd that they have got your name and next door’s name confused. Could it be next door that have dropped the litter?

WelshMoth · 10/11/2019 08:54

@TheSquashyHatOfMrGnosspelius possibly.

I tend to do it spontaneously (as in bloody hell this mess is doing my head in) as opposed to 'my bins are full, I'm dumping stuff in public bins'.

But the location is baffling tbh.

OP posts:
WelshMoth · 10/11/2019 08:55

Zaphodsotherhead and bonzo77 you have a point. I'll ring the council switchboard and ask to be transferred.

OP posts:
WelshMoth · 10/11/2019 08:57

kidl it's a council notice, not a manufacturers notice. Thanks though.

OP posts:
Horsemad · 10/11/2019 08:59

Blimey, how crazy you can't put a few bits of rubbish from your car in a bin.
Any bin. I'd just be thankful people were using actual bins & not chucking stuff anywhere they felt like.

EleanorReally · 10/11/2019 08:59

this happened to a colleague, very concerning, and i can't remember the outcome, she thought it might have been a neighbour "dobbing" her in.
i spose they have to be strict about use of bins but quite worrying when you are an innocent party

EleanorReally · 10/11/2019 09:00

good reason to shred All paper work

WelshMoth · 10/11/2019 09:01

flamingo yes, that's confusing me too. I'll speak to someone at the council. To be fair, neighbour, despite being really odd and not in the least bit approachable, he doesn't strike me as a litterbug. He seems pretty organised and tidy.

Nothing left but to speak to someone in that dept.

Good call to not contact the number on the letter though.

OP posts:
Zaphodsotherhead · 10/11/2019 09:03

That sounds eminently sensible Moth. If it is a real letter, they can explain to you what must have happened (and how they can get the wrong name and address linked) and if it is a scam, then they should be alerted anyway.

WelshMoth · 10/11/2019 09:05

EleanorReally and Horsemad yes - that's how I feel!

The only paper work I've taken out of the house is the Next statement I get every month. I hide it from DH Blush and pay it off. It could be that that's dropped out but that has my maiden name on it and correct address.

Gah! Mystery!

OP posts:
chomalungma · 10/11/2019 09:05

On a slightly separate bit, I have heard of some people who run businesses from their home being fined for putting 'business waste' in their home rubbish.

Horsemad · 10/11/2019 09:06

Hopefully the mystery will be solved tomorrow. 🙂

SleepyKat · 10/11/2019 09:06

Did you bag all the rubbish up from your car before putting it in the bin? If they find a bag of rubbish in a public bin it will look like you’re putting rubbish you can’t fit into your household waste into public bins. And I guess if everyone did that there wouldn’t be room for small bits of rubbish.

I also drive a skip on wheels but I’ve never been tempted to empty it into a public bin. When I have a clear out it goes in the home bin.

I saw someone once drive up to a street bin, stop, take 3 carrier bags of rubbish out her car. Stuffed 2 in the bin and left one by the side of the bin and drove off.

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