Friends taken to court over dog fouling

SueDerbyshire

Hi, this is a question on behalf of a friend. They walked their dog last year, after their dog fouled on a bit of grass next to the pavement, they picked it all up and left to go home. A few days later a man knocked on their door to say their dog fouled outside someone's house and they didn't pick it up, they recon it's on video, however, our friend said they definitely picked it up, the man went onto explain that when they walked away after cleaning the mess up, their dog had a tiny bit drop off onto the floor, our friends weren't aware of this and innocently walked home. They were told the woman of the house had complained, so they need to pay the fine because of the proof, which he refused to show our friend. 

Our friend decided to just pay it, after all, it could have happened. Then yesterday they got a letter from the courts to say they needed to go to court next Tuesday because the owner of the house decided to take them to court. This was the first they had heard of it. So now they have to take copies of all their finances to court with them Tuesday. 

My question is, can our friends do anything to fight this? If it did happen it was done innocently and why won't they show them the video of it happening. They have got no time to fight their case, can this be right or fair? 

Thank you for any help you can give. 

Sue. 

sevenhills

SueDerbyshire said:

Hi, this is a question on behalf of a friend. They walked their dog last year, after their dog fouled on a bit of grass next to the pavement, they picked it all up and left to go home. A few days later a man knocked on their door to say their dog fouled outside someone's house and they didn't pick it up, they recon it's on video, however, our friend said they definitely picked it up, the man went onto explain that when they walked away after cleaning the mess up, their dog had a tiny bit drop off onto the floor, our friends weren't aware of this and innocently walked home. They were told the woman of the house had complained, so they need to pay the fine because of the proof, which he refused to show our friend. 

Our friend decided to just pay it, after all, it could have happened. Then yesterday they got a letter from the courts to say they needed to go to court next Tuesday because the owner of the house decided to take them to court. This was the first they had heard of it. So now they have to take copies of all their finances to court with them Tuesday. 

My question is, can our friends do anything to fight this? If it did happen it was done innocently and why won't they show them the video of it happening. They have got no time to fight their case, can this be right or fair? 

Perhaps your friend is not telling the whole story, we don't know.

When you say a 'man knocked on the door', is that a man from the council?

Surely the council are responsible for dog fouling and they would send a letter? How did they know where you live?

McKneff

Only the council can issue penalties for dog fouling.m
No courts are involved . 
Your neighbour can not take you to court for this matter. They are pulling your leg.... 

lincroft1710

What is this woman taking them to court for and which type of court?


It seems very odd to get a letter about a court appearance giving only 5 days notice

SueDerbyshire

sevenhills said:

SueDerbyshire said:

Hi, this is a question on behalf of a friend. They walked their dog last year, after their dog fouled on a bit of grass next to the pavement, they picked it all up and left to go home. A few days later a man knocked on their door to say their dog fouled outside someone's house and they didn't pick it up, they recon it's on video, however, our friend said they definitely picked it up, the man went onto explain that when they walked away after cleaning the mess up, their dog had a tiny bit drop off onto the floor, our friends weren't aware of this and innocently walked home. They were told the woman of the house had complained, so they need to pay the fine because of the proof, which he refused to show our friend. 

Our friend decided to just pay it, after all, it could have happened. Then yesterday they got a letter from the courts to say they needed to go to court next Tuesday because the owner of the house decided to take them to court. This was the first they had heard of it. So now they have to take copies of all their finances to court with them Tuesday. 

My question is, can our friends do anything to fight this? If it did happen it was done innocently and why won't they show them the video of it happening. They have got no time to fight their case, can this be right or fair? 

Perhaps your friend is not telling the whole story, we don't know.

When you say a 'man knocked on the door', is that a man from the council?

Surely the council are responsible for dog fouling and they would send a letter? How did they know where you live?

Thanks for your reply. It was the council that knocked on the door. The lady who owns the property reported them, the council went to our friends house after the lady gave the council my friends address. 

Savvy_Sue

I could be wrong (often am), but I was not aware of any circumstances in which someone would legitimately come to the door to collect a FINE, especially without any previous paperwork. What ID was shown? What documentation was shown?

NB I am aware that bailiffs / debt collectors may come to collect a DEBT, but that's not the same thing as a fine, and I don't see how it can become a debt until after someone has been to court. 

And I also find from this article that the local authority may be able to issue an on the spot fine, but again, this is not the same as calling round some time later.

I hope your friend got an official receipt for his payment. 

Something feels wrong here. If 'the woman of the house' knew where your friend lived, and gave that information to the dog warden, then yes, he could be taken to court. And it is possible that someone has found out that it is being taken to court, and decided to basically extort money before the event. 

SueDerbyshire

McKneff said:

Only the council can issue penalties for dog fouling.m
No courts are involved . 
Your neighbour can not take you to court for this matter. They are pulling your leg.... 

Yes, you are right, the council issued the penalty and suggested our friend paid it but said that even if they pay it the council might not accept it and take them to court still. 

They paid it thinking that would be the end of it but obviously not. They were told the lady wanted the council to take it further, whether they listened to her I don't know but either way they are taking them to court, so on Tuesday they need to go to court. Can they do anything to fight their corner? These are genuine people who always pick up their dogs mess and this was just unfortunate, it seems very harsh to me. 

Mr.Generous

Explain it all to the court, they will decide what to do. A £1 fine?

sevenhills

SueDerbyshire said:

Yes, you are right, the council issued the penalty and suggested our friend paid it but said that even if they pay it the council might not accept it and take them to court still. 

They paid it thinking that would be the end of it but obviously not. They were told the lady wanted the council to take it further, whether they listened to her I don't know but either way they are taking them to court, so on Tuesday they need to go to court. Can they do anything to fight their corner? These are genuine people who always pick up their dogs mess and this was just unfortunate, it seems very harsh to me. 

You either pay the penalty OR you are taken to court. Unless it's a different offense.

elsien

This. ^^^

Court is what happens if someone refuses to pay the penalty Not when the penalty has already been paid. And certainly not at the behest of a member of the public.
have they doublechecked with the council that their payment has been recognised?

SueDerbyshire

Thank you for your responses. I'm not sure what happened but they went to court yesterday. Payment had been paid but not logged against the right case. Also, it was thrown out anyway because the video evidence was clear, our friends cleared up the mess and there was no way of knowing that a bit had dropped off the tail or somewhere else after they had walked off. It was as small as a thumbnail evidently. 

I know people think there's no smoke without fire but these are genuinely good people who always clear up their dogs mess, as do most dog owners. There had to be an error here and that's all I needed to know but thank you for your suggestions.