I've been threatened with a £7000 bill for fly-tipping but it wasn't me [LBC Legal Hour]

[@divinity176]

I saw a Tesco trolley pushed into the local park lake the other day.. presumably they will be getting their rights read to them about that...

[@ForburyLion]

I'm now thinking the guy who runs my local chippy isn't actually called Mr Cod 😅

[@goodolekayjay6096]

McDonald’s are screwed on this basis!

[@stephenlyon1358]

You know this guy could be lying right?

[@goodolekayjay6096]

@@stephenlyon1358 (see flippant remark above). A good proportion of this show’s callers slant the truth in their favour.

[@thisguy976]

@@stephenlyon1358 It is also possible that the caller could be telling the truth!

[@stephenlyon1358]

@@thisguy976 if you believe that, would you be interested in some magic beans?

[@thisguy976]

@@stephenlyon1358 Do you understand the meaning of 'possible' or do you need another go at first grade English?

[@jonp6798]

I would take my court papers in an Amazon box and not even mention the relevance. 😂

[@VenieceUK]

lol good one

[@brianbale9511]

Another cost of sandwiches victim'

[@jimg2850]

If the penalty notice is not in the callers name can he just ignore it anyway? There was a suggestion it was in the name of the business.

[@brianbale9511]

The cost of Sandwiches crisis is to be frank Astonishing

[@philipholmes6253]

He shouldn't pay on principle even if a day of his time is worth more than £400. For all of us collectively to resist this kind of bullying extortion we have to confront it head on. Kipling had it about right - "if ever you once pay the danegeld, you'll never be rid of the Dane".

[@PabloTBrave]

They have no evidence you dumped it, unless they have CCTV. presumably many people have your boxes. I have boxes from many shops and manufacturers in my loft .

[@thisguy976]

Ridiculous system. So essentially the law in England and Wales in this context forces you between a rock and a hard place? So if a business owner doesn't pay a dubious fine for something they may not be guilty of at all then they may have to go to court and possibly pay for legal representation (unless they're entitled to free legal aid). In any event they could lose more money if the day in Court costs more to their earnings that the fine? How can this be at all an acceptable law considering the principles of equity before the law? Also why is there so much scope for variation in the amount one can be fined (between £1 and £7,000)?

[@amritlohia8240]

In criminal cases (which this would be), you can get legal aid provided your income is below a certain level. And if your defence succeeds, you can get an order for the prosecutor (here, the Council) to cover your costs, including things like lost earnings.

[@VeeSeven700]

Have to say that last piece of advice is terrible. By that logic I'd like to demand a fraction less than Daniel makes in a day or I'll take him to court. I'd like to establish this as an ongoing legal arrangement. 😂

[@GiratinaofFury]

Sounds like someone in an office somewhere with little man syndrome trying to make himself look big. This case would be laughed out of court, because the "evidence" that the dumped rubbish was left the business owner is that the business name is on the cardboard. Do they not realise how little that actually means from a legal standpoint? I would say to not reply at all, let it go to court, because they, as the complainant, have to present evidence in a mediation period before it likely goes before a judge, for which both sides can look at it, and it would most likely be written off as being of insufficient quality. It would probably be wrapped up in very little time, if it even goes before a legal tribunal.

[@thisguy976]

While I agree with you, going to Court for such matters is always a risk. Loss of earnings is a big one unless there's a means of claiming back the expense/loss of earnings?

[@davemrec]

What stupid advice. Pay the fixed penalty if it's cheaper than going to court. If the case is dismissed he could counter for his loss of earnings for the day in court plus costs. He should say take me to court and I will counter claim against you.

[@crotchet1586]

Yes, and expose their extortion racket by contacting the local press

[@davemrec]

@@crotchet1586 Their tactic is to scare people with threats of higher penalties. I have one that's ongoing. Total fake and I tell them to take me to court. I've told them I will counter sue. They don't go through with their threats and 6 months later the cycle of letters begins again. Parasites that is what they are.