Unfair fixed penalty notice for dog fouling

timborules

Hi Everyone,

My grandmother was recently issued a FPN by a dog warden for her dog supposedly fouling in a park. The dog, according to my grandmother (whom I obviously believe), did not mess at all. She is in the middle of changing food and so sometimes squats (as if to pass solids) but nothing happens.

I am very cross on behalf of her, as it appears:

-the dog warden was not uniformed nor carried ID
-demanded details from my grandmother
-warned her not to appeal, it would be unsuccessful
-no evidence was then or since been provided
-dog warden did not evidence or point to said dog waste just "I saw it"

My grandmother, being elderly, was quite scared with said dog warden popped a FPN by hand through her home address. Being scared and unsure what to do, she has paid the £75.

Does anyone have any idea how I can take this forward? I appreciate that it may be too late for the £75, but surely this sort of unprofessional behaviour and approach to a recognised problem is unacceptable?

Thanks!
Tim.

jrtfan

Just to check - was the fine paid to your Grandmother's local authority? Does your Grandmother know whether the dog warden actually took any pictures at the time or did they document anything in a notebook (other than her details?). Were there any independent witnesses to what happened, does she know?

On the defra gov.uk website, there's a booklet produced by Defra called Local environmental enforcement – Guidance on the use of fixed
penalty notices. I've only skim-read a couple of sections, it's offered to local authorities as a guide only and does not constitute legal advice. But it might help to give you a better idea of how Councils might go about implementing their powers.

In the booklet, it makes reference to a local authority developing an enforcement strategy and an operational policy for their staff to follow in line with the enforcement strategy. There's also mention of an enforcement statement (a distilled version of the enforcement strategy, p19).

I think in your position, I might begin by looking on the website of the relevant Council to see if they have an enforcement strategy and operational policy in place - this might tell you if the dog warden was following procedure correctly at the time (eg were they supposed to produce ID or be in uniform) and whether the Council has any policy in place regarding appeals for FPNs. Then, you could make a call to their Environment department and discuss the aspects of the dog warden's behaviour you feel did not comply with the Council's procedure, to see what sort of response you get.

If they didn't take any photographs, and there were no witnesses, then I'm wondering what they would have done next had your Grandmother refused to pay the FPN.

Anyway, hope this is of some help.

timborules

Thanks for your help!

I am told there were no witnesses and no photographs.

I've visited the council website (Pembrokeshire County Council) and there does not appear to be enforcement standards per se, just what a FPN is and underlining the law.

You're quite right - I would have refused to pay on the spot or at best paid without prejudice. However, I'm not an elderly person who felt intimidated.

Thanks!

Rosemary7391

How did she pay the £75? I'd want to make sure this person actually was a dog warden first!

gettingready

Rosemary7391 wrote: »

How did she pay the £75? I'd want to make sure this person actually was a dog warden first!

I would seriously worry about the same..

jrtfan

You're welcome, timborules, for what it was worth. I do agree with Rosemary7391 though, there was nothing from what you said in your original post to prove to your Grandmother who this person really was. That's why I was wondering if she definitely paid the fine to her local Council?

Parish Councils can also issue FPNs if authorised to do so, maybe it's worth checking to see if they have a website with an outline of their procedures?

Feral_Moon

Sounds like a scam to me!

meritaten

No uniform, no ID? I wouldn't have paid it. and to tell her not to appeal? I suspect a 'jobsworth' on his day off or a scam. complain to the council hunny.

sheramber

Some questions that need answers to understand the situation

Did you see the Penalty Notice? Does she still hae it?

How did she pay it- by cheque? and to whom?

Did she send it by post?

If she paid cash at the door was she given a receipt?







Tell your grandmother , in future if the dog sqats but does nothing to pretend to pick something up. That way nobody can complain.