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He'll need to argue that the tyres are not waste -
"Any substance or object the holder discards, intends to discard or is required to discard" is WASTE under the Waste Framework Directive (European Directive (WFD) 2006/12/EC), as amended by the new WFD (Directive 2008/98/EC).
If he can show that he removes the tyres at the end of the season that would help.
put it this way alan as my address etc if needed ,but it comes to any grassing sinario we nah we to blame hahaha sorry alan just had to say it
ya just got to watch these journalists these days they allways after a easy dollar
they'll have to put the thumb screws on me to try and get the info. But don't tell them I like mackerel or they might try and deprive me of it, sorry lads I would do anything for mackerel.
sorry alan, must have misread it, I thought that having written support from other crabbers was going to be part of the defence.... which would mean both parties having copies of it
hopefully with the wealth of evidence that is being collected, they might drop the case if they see it, unless they have something else up their sleeve. Lots of positive help is coming in from as far away as Scotland.
me not being a legal eagle or anything BUT to be accused of fly tipping, you must be tipping on land OWNED and looked after by someone other than yourself and that when you tip whatever you WILL NOT be coming back to it.
1, My arguement would be to find out WHO OWNS the actual LAND the tyres were being put on
2, Provide PROOF that they were NOT infact DUMPED, but were to be used as crab traps (which is NOT ILLEGAL) Proof such as how often he would attend the traps,clean the traps out etc.Plenty information on the net on how to bury the tyrse, clean them out when need be and when to go down to your tyres
if there is NO owner of the land,who is there to bring a prosecution?
only my opinion but with very valid points i think,INNOCENT until PROVEN GUILTY, the onus is on the prosecution to PROVE he TIPPED them with the intention of not going back
obviously the so called who ever is prosacuting must of been watching and noticed the guy was setting them in the silt, slek etc and not just flinging them out of a truck to get shot of i think whoever is trying this is just trying to make a mountain out of a mole hill and should think again and sling there hook elsewhere or find another way of making news
there is a policeman i heard of put out tyres a few years ago, dunno if he still does them and there are crabbers who know him , and if he reckons its safe to give his details then i will
obviously the so called who ever is prosacuting must of been watching and noticed the guy was setting them in the silt, slek etc and not just flinging them out of a truck to get shot of i think whoever is trying this is just trying to make a mountain out of a mole hill and should think again and sling there hook elsewhere or find another way of making news
this could also be a test case and then where would anglers be, the lot would be taken out. We have had a good bit of positive feed back and help as they realise the implications of the case. We need as much info as possible, can't see the problem with giving me your name, contact number, the number of tyres you USE, just say you didn't put them there, they would have to prove you did. The contact number wil be kept by me unless the lads solicitor needs to talk to anyone. don't wait until it is to late, and you never know you might be in the situation where you need the help of fellow anglers, if you didn't help here you might just be told to get lost, but i doubt it.
Alan, look at bigloada's thread about bait digging. Is this not what you need?? Tony Anderson has already taken them and won........does this not come under the same sort of thing???
Hello lads-the solicitor is doing a good job here by explaining the fact that other anglers leave tyres / traps submerged in the sand or mud to catch crab as bait.
Bearing in mind the magistrates will probs know nothing about angling / bait collecting.
By explaining and producing evidence other people leave traps people - his client will have an excellent defence.
Another good question is if the tyres were to be fly tipped why not just chuck them in a layby where i see most dumped.
mick.
Alan, look at bigloada's thread about bait digging. Is this not what you need?? Tony Anderson has already taken them and won........does this not come under the same sort of thing???
Cheers
Tony
it would be if he where being charged with collecting bait, but he is charged with fly tipping
If his defence case is that he wasnt fly tipping but collecting bait it is still relevant - just a different method of collection surely.
if his solicitor proves he was setting traps for bait then he will be alright, by saying he is fly tipping, they are saying he was not setting traps for bait.
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