Innocent dog fouling fine?

NellieH1971

Hello I recently got a dog fouling fine but I’m innocent. I believe I know who reported me. 

Essentially my dog was sniffing at a gate because they enjoy sniffing almost every spot which makes walks longer but the owner stormed out and was so antagonising saying she shouldn’t be doing that and then started to say she does it daily here and took my photo and went back inside. 

On my way home the same owner had put a blue powder all over the area so had walk in the road to a avoid it as I had no idea what it was

Well around 2 weeks later I get a letter in the post saying I must pay £100 or go to court pay up to £1000. 

Apparently after speaking to the council all they need is a description of you and a signature of the witness to find you guilty in their eyes. 

Anyone got any ideas on how to prove I’m innocent? I can’t really get legal help since that can cost more than the £1000

NellieH1971

I also forgot to add that they is no evidence since she didn’t do it. Any photos or videos will just be her sniffing that’s it. 

Although I read in the news that this has happened to a few people and they got found guilty 

sheramber

You say you believe you know who reported you. Did the letter state where the offence occurred? 

Do you legal cover on your contents insurance?

NellieH1971

sheramber said:

You say you believe you know who reported you. Did the letter state where the offence occurred? 

Do you legal cover on your contents insurance?

Thanks for the response, yes it states the street name and after further enquiries they said they have evidence but can’t show me to due some law/policy that I can’t remember (assuming it’s because it’s the photo that person took)

sadly I don’t have legal cover as it’s something I thought I’ll never need as I’m not gonna break any crimes and thought due to my age i wouldn’t even be accused of something 

I thought about knocking on the door of the person but it fears me this can make it worse. 

Their is also cctv in the area but apparently it wasn’t working due to the system updating at the time of the incident (unless they’re protecting them)

Undervalued

NellieH1971 said:

I also forgot to add that they is no evidence since she didn’t do it. Any photos or videos will just be her sniffing that’s it. 

Although I read in the news that this has happened to a few people and they got found guilty 

Based on what you say here (i.e only on one side of the story) if it went to court it is hard to see how the case could be proved beyond a reasonable doubt. I would have thought that there was a very good chance the case would be dropped without actually getting to court if you take that route. If it does go to court they will of course have to disclose all "evidence" to you.

Currently you have been given the opportunity, if you so choose, to admit the offence and pay a relatively nominal fixed penalty to end the matter. Whether you do so or not it entirely your decision. 

As you know, the risk you take in disputing the matter in court, if it were to get that far, is being found guilty and having to pay a significantly higher penalty.

I certainly would not confront the person who has reported you, however aggrieved you may feel. They may genuinely believe they saw what they reported. Anybody who has been involved in investigating accidents will tell you that completely uninvolved bystanders can give detailed accounts of what they "saw", which sometimes are scientifically impossible!

The "witness" here may well have suffered regularly from a dog fouling problem perhaps caused by a similar dog and convinced themselves that they saw it happen again when they confronted you. There may be no malice intended, not that it helps you I'm afraid.

sheramber

The person must know your name and address to have supplied them.

if the evidence is only a statement from a witness anybody could make up 'evidence'. 

I always understood you needed to be caught in the act  such as by a dog warden or  photographic evidence.  Otherwise it is a case of your word against  theirs.

Also , if it goes to court the 'witness' also has to appear in court to testify.

£1000 is the maximum fine but not necessarily what would be given.

I would not be paying for something I was not guilty of doing without proof.

You could see if  someone like the judge in the Sunday Mail  will take it up on your behalf.

elsien

I would suggest you have the right to see any evidence - after all should it get to court then they’d have to show it to you then. Make a subject access request and if they still won’t show it to you make them put the reason in writing. 

Naomim

Do you have dog insurance? I wonder if 3rd party liability would cover you?

Undervalued

Naomim said:

Do you have dog insurance? I wonder if 3rd party liability would cover you?

Insurance would normally only cover you against civil liability clams, not for defending a criminal prosecution.