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Litter Pollution Act, 1997 - 2003

  • 30-06-2011 5:30pm
    #1
    nodolan
    Registered Users Posts: 313 ✭✭


    Hi all,

    I'm just wondering what proof exactly a council needs to provide regarding offences under the 1997 Act.

    My friend, K, lived at address A, moved to address B. While living at her new place decided to do a clear out of old papers. She's pretty sure she put her paper waste in a council recycling bag.

    A few months later she was at a party at address A (the old place) when her old house-mate gave her a registered letter he had signed for - it was a fine (from Cork city council btw).

    She went to the council, they showed her a photo of two recycling bags, a wheelie bin and a black refuse back beside the wheelie bin outside address B (the new place). They also showed her a prescription with her name and her old address on it (in their plastic envelope) which they claim they took from the black bag which they claim had food waste in it.

    I went with her today to see the council because originally they said that the issue was the piece of paper with the old address on it made them believe that she had deposited the rubbish outside a house she wasn't living in and that she would need to present proof that she did indeed live there and had lived in the other place, however two days ago she went to the council alone with letters from landlords etc. and some bloke started giving her grief that she hadn't done what they asked. She's not from Ireland, English isn't her first language, and she got confused and upset, hence why I went with her today.

    Anyhow, my question: Shouldn't the council have a photo of the piece of paper with her name and address in the black sack and not just some general photo of the street area and since there are four people living in the house can't she simply say it wasn't her?

    The piece of paper is spotless btw with no indication that it was with food waste but in fact could easily have been pulled from the recycling bag simply because it was 'evidence'.

    Personally speaking I thought that a fine had to go to the current address and that she could in theory ignore it since it was sent to the wrong address and if the council were to write to her at her new address they would in effect be admitting that she did indeed live there and had legitimate cause to leave her rubbish outside that house for collection.

    On top of all that the woman we spoke to today started shifting the goalposts again and said that the black refuse bag was not inside the wheelie bin and that this was the actual offence (the bag could easily have fallen out of the wheelie bin or been knocked out and we still have the situation that there are four people living in the house and that my friend believes she had placed her paper rubbish in the recycling bag).

    I know you can't give legal advice so whatever you can give is much appreciated.

    Noel.


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