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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice.
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I have received a letter regarding a litter offence. I placed

Customer Question

I have received a letter regarding a litter offence. I placed a cardboard box on top of a local recycling facility bin (which was full) They have sent a photo of my box as well as bags of other bags that I absolutely did not place there. Is it littering if I placed a box (admittedly) on top of a designated bin?
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I suppose it was not found on top of the bin? It had blown off?
Customer: replied 2 years ago.
Possibly, I left it on top of the bin
Expert:  Jo C. replied 2 years ago.
This really comes down to what the Magistrates make of it.
It depends on two factors really. Firstly facts and secondly law.
The Court would first consider whether they accept your version of events. In the absence of evidence to the contrary I think they probably would. The Council will not have any evidence that you placed it anywhere else than upon the top of the bin.
Then they would turn to the question of law. Whether or not this amounts to littering is difficult to say. If the bins were empty and easily accessible then the Bench would almost certainly say that it was because you should have placed it within the bin. If the bins were overflowing then the Court might well be sympathetic to your position as we can only use designated bins if the council stop wasting money on nonsense courses like domestic violence and actually do bin collections occasionally. Given how poor councils are at doing that it is often worth a challenge.
Can I clarify anything for you?