Fined for walking dog in Dog free park

Gallstones

Hi all
Basically, my wife was fined in a dog free park for £75. We have just moved into the area and decided to take a stroll with our daughter, we went into the park, walked for about 2 mins before being stopped by a warden and fined £75. We had no idea it was a dog free park, and upon exiting the park, there WAS a sign, but it was facing inwards towards the park on a gate, so you could only see it if leaving the park. I have spoken to the council and they have said "I have read your email and understand your points raised, I will look in to this further and see if we can get the signs moved to a more visible place" after I sent them pictures.. But when asked if they would remove my wifes fine, they said "Unfortunately the fixed penalty notice still stands, the signs are up around the park if you would like to contest this you will have to wait for court papers and contest this in the local magistrates court". I find that totally wrong. Do I have any way to challenge this decision ? As its quite silly.

Thanks in advance!

BorisThomson

Have you spoken to your local councillor, see if they can help?

Gallstones

Not as yet, im just speaking to the manager at the council

JJ_Egan

Have a look and take photos of these signs that provide the information upon entering the park .

Gallstones

Have already done that, Unless your walking backwards into the park, you cant see it when the gate is open.

Gallstones

Council have put the fine on hold until their solicitor can have a look into it.

stuartJo1989

£75 for taking your dog into a park?!

The world has gone barking mad!!!!

pogofish

Who actually issued this? A proper council warden or one of the private contractors who have a rather obvious vested interest in dishing-out tickets to all and sundry for the most tenuous 'breaches'.

sheramber

pogofish wrote: »

Who actually issued this? A proper council warden or one of the private contractors who have a rather obvious vested interest in dishing-out tickets to all and sundry for the most tenuous 'breaches'.

Dog Control Order

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/221091/pb11577g-dogcontrol-orders.pdf

Fixed penalties for offences under
dog control orders many be issued by
authorised officers under section 59(1)
and (2). Section 59(11) defines who are
‘authorised officers’:
• Employees of primary and secondary
authorities who are authorised for
this purpose
• Any person authorised (including
employees of that person) in writing
by a primary or secondary authority in
pursuance of arrangements made by
that person and the relevant authority
Section 62 extends the same powers to
Police Community Support Officers and
other persons accredited by Chief Police
Officers under the Police Reform
Act 2002.

Gallstones

pogofish wrote: »

Who actually issued this? A proper council warden or one of the private contractors who have a rather obvious vested interest in dishing-out tickets to all and sundry for the most tenuous 'breaches'.

council warden

Nilrem

I would have thought for the fine to be legally applicable the signage with the restriction would have to be visible and readable before entry to the park.

Otherwise by the time you've read the notice you're already committing the offence.

Same sort of reason signage/markings for parking restrictions have to be prominent and visible.

I would ensure that photos were taking of the approach to the park, the entry, and the gate with the sign on the wrong side (chances are someone was instructed to fix the sign to the gate but put it on the wrong side, or only put one on when there should have been one on both sides).