Fined for dog fouling

concerned43

I gave my dogs a walk before work this morning and while out an enforcement officer came out of his van and said my dog had fouled - only he didn't! he was straining as he is constipated (has been last two days). I told the officer this and he said he saw him poo 120 yards away and that I had my back to the dog and never saw it. I said he was mistaken and offered to go back to where he saw the dog foul to see his evidence - he refused to do so and promply issued me with a fine (The warden could not have seen my dog from that distance because of the amount of trees / bushes in the area!
There was another walker there and he backed me up!
I aim to appeal this penalty and was wondering if anyone else has went through the appeal process and can tell me what happens?

Tropez

As a dog fouling fine is actually a fixed penalty notice it is basically the same as appealing a speeding ticket - you'll likely go to court with all the costs and risks associated with doing that.

Chances are you would win as the onus is on the accuser to provide some evidence and I doubt he's got any. Be wary though, there was a case of someone appealing a FPN for dog fouling and he was found guilty at Magistrates Court and had to appeal a second time and was found guilty again and ordered to pay out over £500 - 10 times the FPN.

It can be quite a traumatic experience for some people.

Ah, here you are, I found a link to the case I mentioned - http://www.lancashiretelegraph.co.uk/news/1807940.dog_fouling_case_ended_up_in_crown_court/

tr3mor

Typical jobsworth council monkey.

The sooner we have a revolution in this country the better.

concerned43

Tropez wrote: »

As a dog fouling fine is actually a fixed penalty notice it is basically the same as appealing a speeding ticket - you'll likely go to court with all the costs and risks associated with doing that.

Ah, here you are, I found a link to the case I mentioned - http://www.lancashiretelegraph.co.uk/news/1807940.dog_fouling_case_ended_up_in_crown_court/

thanks for that and that man's story is unbelievable - I feel for him. There was only one man this morning and he was in a van which was facing the opposite way - so fail to see how he managed to see anything! My instinct is to fight this case as I believe I was singled out amoung four other walkers this morniinig, all men and one of them did have a dog that fouled in front of the Officer but nothing was said to him. He obviously went for the weakest link and I am outraged.

concerned43

What powers do these people actually have? The man demanded my name, address and date of birth - I refused to give him my DOB as I felt it irrelevant and also dangerious to have that much information about someone as the only badge he showed me was a council badge - he could have been anybody!!!
He was none too pleased about my DOB and said he really needed it! I said if he wanted it then he would need to phone the police and I would tell them but not him!
He was shaking like a leaf and refused to phone the police - so he did not get my DOB

zaksmum

concerned43 wrote: »

What powers do these people actually have? The man demanded my name, address and date of birth - I refused to give him my DOB as I felt it irrelevant and also dangerious to have that much information about someone as the only badge he showed me was a council badge - he could have been anybody!!!
He was none too pleased about my DOB and said he really needed it! I said if he wanted it then he would need to phone the police and I would tell them but not him!
He was shaking like a leaf and refused to phone the police - so he did not get my DOB

I would've refused to give him any details at all! Made him ring the police and waited till they came then asked him again to show you exactly where your dog had a poo!

I'd ring your local council NOW and complain.

zee_2

could an owner not ask for dna test to prove innocence ,warden has poo , so if owner knows not from his dog ,demand proof saying willing to pay if wrong , but will pay nothing if innocent .
would make council think twice about easy money.

zaksmum

zee wrote: »

could an owner not ask for dna test to prove innocence ,warden has poo , so if owner knows not from his dog ,demand proof saying willing to pay if wrong , but will pay nothing if innocent .
would make council think twice about easy money.

Good idea. But surely in this case, there was no poo to do a test on. Wouldn't the warden at least have to show the dog owner the poo he claimed her dog had done?

concerned43

My dog did not do a poo - still hasn't done one today and thinking I may have to take him to vet tomorrow if still constipated!
The Officer refused to take me to the site of the alledged poo so he does not have any poo to DNA! unless he picked one up somewhere!
It did cross my mind to give him a fake name and address but thought better of it...I have family members in the police force and plan to ask them if there is any CCTV footage of the event.
It really is a license to print money.
I plan to go out same time tomorrow morning to see if the other dog walkers are there and see if there were any witnesses... here's hoping.

gettingready

Feel for you OP but I would nto have given ANY details, would have asked him to call the Police.

For my own information, if anyone knows - what can this penalty be imposed for exactly?

If my dog does poo somewhere and I pick it up in a doggy poo bag - what penalty?

Zara would not poo on a pavement, she needs grass/bushes for that my little lady and I always pick it up but if some idiot tried to isseu a ticket (LOL) while she is "at it" and has not finished yet?

concerned43

Basically the ticket says I failed to pick up dog faeces. £40 fine £80 if I don't pay within 28 days - thereafter debt collectors