DM but interesting., And worrying if true! |
DM but interesting., And worrying if true! |
Thu, 2 Aug 2018 - 20:30
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#1
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
http://www.dailymail.co.uk/news/article-60...s-work-van.html
Apart from the stupidity --- the power to stop traffic ? -------------------- |
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Thu, 2 Aug 2018 - 20:30
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Advertise here! |
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Thu, 2 Aug 2018 - 21:27
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#2
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Control of Pollution (Amendment) Act 1989, s 5(5).
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 3 Aug 2018 - 16:44
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#3
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Bullshit story from DM as usual.
If his story is true then he would be S26 exemption as "a carrier which only transports waste produced by the carrier itself, except where it is construction or demolition waste (and “construction” includes improvement, repair and alteration). However, the story gets less credible when he says it was a "two foot" bag of rubbish. How much lunch is he eating, and how long is he keeping it for, to have a bag that big? Also he is a roofer. When we had our roof done they took the waste away in their van. Unless he is very parsimonious he must be the first roofer in the county who doesn't need to transport waste. One would imagine the council may have better photos then those in the article. If his story is true take it to court and get an easy win with S26, then spend the Daily Mail money from the article on beer. And get a free licence which should be adequate if you arent producing any waste from your trade. |
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Fri, 3 Aug 2018 - 17:17
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#4
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
John Humphreys did an interview on the Today programme on Radio 4 this morning. He had the transgressor and a council rep on. It was only about 10 minutes from the end of the programme if you find it on the BBC website.
-------------------- Cabbyman 11 PPCs 0
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Fri, 3 Aug 2018 - 17:52
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#5
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Member Group: Members Posts: 3,140 Joined: 19 Jun 2004 From: Surrey Member No.: 1,326 |
A Waltham Forest Council spokesman said: 'The waste in this case was being transported in commercial refuse bag in the trader’s vehicle.
'Regardless of what the items are, if waste is being stored in a commercial refuse bag in a trader’s van it is necessary that they have a valid waste carriers’ license (sic). DM and John Humphries seem to be missing the point. |
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Fri, 3 Aug 2018 - 19:18
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#6
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
A Waltham Forest Council spokesman said: 'The waste in this case was being transported in commercial refuse bag in the trader’s vehicle. 'Regardless of what the items are, if waste is being stored in a commercial refuse bag in a trader’s van it is necessary that they have a valid waste carriers’ license (sic). DM and John Humphries seem to be missing the point. Presumably if the bag had Smith and Wesson logos on it, he would have needed a firearms licence Council do seem to be saying there was more then a few crisp packets but if they are intent on progressing to court if he does not pay the FPN, they'll need more then that. How about a few bent nails, a bit of roofing felt and a broken tile It's ridiculous, if he is carrying waste, do him but every time a council stretches the point, they end up looking ridiculous. |
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Fri, 3 Aug 2018 - 19:35
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#7
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
It's ridiculous, if he is carrying waste, do him but every time a council stretches the point, they end up looking ridiculous. Councils often end up looking ridiculous in court, I recently saw them prosecute an anti-social driving case where there evidence consisted of a couple of statements, guilty plea, and they asked for over 1k in prosecution costs. If they'd given me the statements I could have prosecuted the same case for around £20. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 3 Aug 2018 - 19:55
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#8
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
……... and they asked for over 1k in prosecution costs. If they'd given me the statements I could have prosecuted the same case for around £20. Dig out some of the adjudicator's awards to councils from PCN hearings. Aren't many but chalk and cheese compared to what Joe Public get if costs are awarded. Worse if it gets to appeal...… From one in last year's LT report where a guy had sought judicial review and been refused... "Costs of £540 for the preparation of the acknowledgment of service document were awarded to the London Borough of Southwark" This post has been edited by DancingDad: Fri, 3 Aug 2018 - 19:56 |
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Fri, 3 Aug 2018 - 20:13
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#9
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New Member Group: Members Posts: 2 Joined: 3 Aug 2018 Member No.: 99,221 |
https://www.telegraph.co.uk/news/2018/08/02...isp-packets-van
A white van man has been hit with a £300 fine after sandwich wrappers and crisp packets were found inside his work van. Roofer Stewart Gosling, 43, was punished with the on-the-spot penalty after a stash of waste he kept in a plastic commercial waste bag was found in the back of his vehicle. Waltham Forest Council workers told Mr Gosling he was breaking the law for carrying the rubbish without permission when they carried out spot checks in east London. Mr Gosling has tried to appeal the fine but has been told he will end up in court if he doesn't pay the penalty issued at the roadside. He said: "It's so infuriating. The working-class man gets penalised for going to work basically. I've not fly-tipped. I've not left it in someone's garden. It's frustrated the hell out of me. There was just a bag of rubbish, bottles, crisp packets, newspapers and sandwich wrappers. What gets me is the lack of common sense. It's a lot of money for one bag of rubbish." The roofing contractor was driving through Chingford in north east London when he was pulled over by council workers. They searched his vehicle before asking him if he had a waste carriers' licence, which are required by any business that transports commercial refuse. Stewart from Cheshunt, Hertfordshire, was handed a fixed penalty notice for "failure to furnish documentation (waste carriers licence)". He was ordered to pay £300 within 14 days of May 23, when the incident occurred. He said he plans to settle the fine. A Waltham Forest Council spokesman said: "The waste in this case was being transported in commercial refuse bag in the trader's vehicle. "Regardless of what the items are, if waste is being stored in a commercial refuse bag in a trader's van it is necessary that they have a valid waste carriers' license." |
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Fri, 3 Aug 2018 - 20:35
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#10
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Member Group: Members Posts: 1,570 Joined: 13 May 2010 Member No.: 37,524 |
If indicated to stop by a person other than a Police Officer in uniform, do you have to stop?
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Fri, 3 Aug 2018 - 21:04
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#11
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
If indicated to stop by a person other than a Police Officer in uniform, do you have to stop? Depends who that other person is and what the circumstances are. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 3 Aug 2018 - 22:12
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#12
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Surely careless driving if not.
A while back a chap flagged me down at 11pm to say there was an injured deer generally getting in everyone's way in the road ahead. I doubt anyone would have been amus |
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Fri, 3 Aug 2018 - 22:49
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#13
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
If indicated to stop by a person other than a Police Officer in uniform, do you have to stop? Depends, Highways Officers are not police but they have a power to stop traffic, police officers exercising powers under the firearms don't need to be in uniform to stop traffic, the possibilities are (almost) endless. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 3 Aug 2018 - 22:52
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#14
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Surely careless driving if not. It’s not careless driving to fail to stop for some random muppet, no. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 3 Aug 2018 - 23:28
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#15
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Member Group: Members Posts: 6,178 Joined: 1 Jan 2013 From: Glasgow Member No.: 59,097 |
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Sat, 4 Aug 2018 - 10:20
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#16
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
Surely careless driving if not. A while back a chap flagged me down at 11pm to say there was an injured deer generally getting in everyone's way in the road ahead. I doubt anyone would have been amus " Careless driving" what planet are you on? Given the sudden and truncated end, let's hope he wasn't posting from his phone while cycling through a chicane. -------------------- Regards,
Fredd __________________________________________________________________________
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Sat, 4 Aug 2018 - 12:27
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#17
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Of course it is if you round the corner and smash into the back of someone.
"Yes officer I saw someone at the side of the road trying to flag me down but I had no obligation to stop so I continued at 60mph into the back of the pile up." "Quite alright sir, they didn't have any legal power to stop you, and I can see how careful and competent you were being." |
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Sat, 4 Aug 2018 - 13:36
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#18
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
smash into the back of someone. How could they flag you down with their back to you??????????? -------------------- Cabbyman 11 PPCs 0
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Sat, 4 Aug 2018 - 13:44
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#19
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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Sat, 4 Aug 2018 - 13:46
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#20
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
I'm sure with a little imagination you could enviage passing someone flagging you down before a blind corner or brow of a hill, beyond which is the hazard.
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