The wonderful Mafia aka Local Authority (only authority where troubleshooters came in unelected because our councillers were ............... <<<<< choose any adjective which may be slanderous Anyhow.... The waste management lot have now sent the street a letter stating law Environmental Protection Act 46(4) which allows them right to decide where we put out recycling boxes in this instance. The only way we can change this is within 21 days to the magistrates court. Basic question..... If an individual appeals to magistrates court and then loses case what would situation regards having to pay local authority 'costs'?? Is there a maximum? seems an impossible situation if only way to make council change minds is to go to magistrate court and possible personal financial loss? What really annoys is the following: background contractors used to use a small vehicle to go down our dead end street when they first won contract a couple of years+ ago Contractors then used a larger vehicle and struggled to get past parked cars Contractors then used main entrance and two stepped areas from street to highway contractors then started hauling recycle bins high up above shoulders to rest recycle bins on wall that divides our street (lower level) with highway. As they drive past they empty and then chucking down from height (cracking / breaking bins and creating obstructions in street until residents wakes up I guess) Now it seems the contractors have taken photos of workers hpisting recycle bins high onto wall and stated to council this is against health and safety law. council then said ok it seems and told us that in 21 days we have to carry recycle bins up steps (ones the contractors seem to have made invisible??) and position bins on pavement right by main road. Now it all sounds reasonable to do this but the council did not ask resident opinions beforehand. The contractors have been emptying bins here for quite a few years so why change now... after they won the contract? As they have the contract should they not have suitable working methods and vehicles in place when they bid? our street has not changed!! An issue is there will be tens of bins along a short stretch of narrow pavement. They will be there overnight and some will still be there until those who work come home from work on day they have been emptied. Council nor contractors seem to have made any provisions for elderly and disabled (loads of disability claimants on street... Ok ok I know) or offered to collect and return their bins. The pavement is part of the Welsh National Coastal Path and loads of people go jogging there, mobility scooters etc... Also asked them who is legally liable if a bin blows into path of car.. (Much windier on that exposed stretch), or makes a mess ie litter?.. No reply. deadline or appeal is next Friday. So.. Anybody here got any 'knowledge' regarding this law or the paying cost issue if I was to make an appeal and then lose??? seems so damned annoying that it is a matter of 'case closed', no consultation before this action and now only resort is to make an appeal to magistrate court. No information how to do this or implications to possible costs..... Argh!! Am thinking of appealing along lines of same law thing and the following section (5)No requirement shall be made under subsection (1) above for receptacles to be placed on a highway or, as the case may be, road, unless— (a)the relevant highway authority or roads authority have given their consent to their being so placed; and (b)arrangements have been made as to the liability for any damage arising out of their being so placed. Seems a pavement is normally part of highway and I am not sure if they have discussed this with the highway department (probably doing it now after my letter) and am unsure if they have looked into liability part at all before making decision. maybe they have who knows as the council don't seem to want to tell me! It seems section 7 then says how council can fine up to £2500 if we do not conform with the actions of the council ie new location for recycling bins?? So.. If anybody bored of driving their camper this weekend and have any info on these acts would appreciate assistance..
Sounds like you have too much time on your hands to be honest. If you are going to use the section above to fight them in court, check with the highways authority first. You'll look really daft if they've already given consent (which given they're both council departments for the same council is extremely likely). They'll have to make arrangements for the disabled and elderly.
if u loose a court case you usually get billed . re chucking bins/stuff about > thats against h&s laws, risk assesement should have been carried out prior to ANY contract being awarded , there is a potential danger to the public here via their actions . make sure YOU INFORM/PHOTOGRAPH damage done to bins> up here they bill the householder for unproven damage to same.re truck size >driver must be confident he can see work area from vehicle AND must NOT leave vehicle running/unnattended to assist in any collection duties Any kiddies play/live that area ? ALL reversing MUST be directed by a Banksman. got your mp"s cell phone no.? is there a local paper ?< local human interest story ,always a winner !!>it does not have to cost you money .good luck.
Not that it's really relevant but the driver is perfectly allowed to leave the vehicle so long as it's not causing an obstruction...
They'll use H&S laws, and the fact that motorists obstruct access, to say you have to put your bins in a certain place. It's common practice. I was a binman for years and we could pretty much tell the council where was the "safest" place... (it was always done to suit us)
thanks.... That is exactly waht they are doing and I just thought I would try the section 5 thingie. Problem is the departments are all in cahoots so what they will do is most likely reply ofsorts too late for any appeal. Ps I used to do time and motion study of binmen . (I await fallout!!)
I have no idea what time and motion is? It's pretty normal that residents in tight streets etc have to put their bins in some sort of communal area. I would say it really isn't worth going to court over.
work study.. Stopwatch and follow.... Then binmen get full bonus somehow anyhow Know what you mean... just had a bit of hassle with the council in the past as they take the !@*# with lots of stuff and have full legal advice of their law departments whilst residents don't. Ps.. I used to fwork at Northavon Council
Was a great job when I did it: Got ridiculously fit Early start / early finish A few cash jobs every day ;-) Outside all the time Loved it!
You say the pavement is part of the Welsh National Coastal Path well do those at The Countryside Council for Wales know about how your local council is spoiling the natural beauty of this path. They are as it says on the CCW website "champions the environment and landscapes of Wales and its coastal waters as sources of natural and cultural riches, as a foundation for economic and social activity, and as a place for leisure and learning opportunities. We aim to make the environment a valued part of everyone's life in Wales." Just my little thinkings on it.
NOT AT ALL, no vehicle shall be left on any public road whilst engine is running and no one(driver) is properly seated /in control of said vehicle. a child could climb in cab ,just one example and you legally could NOT have a "not in control" law that would stand up in any court"yeah , i was out the truck, it ran away , dunno how ,killed a dude but i was in control? " i drive them i am reminded a lot by the court cases reported on in haulage mags re same.
I'd suggest buying a high-power sniper rifle, and lying in wait for the b*ggers on bin day . It's the only way.
