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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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Hi I said my son had contacted another law firm which was incorrect

Customer Question

Hi I said my son had contacted another law firm which was incorrect I mis heard him because I was so involved with my dog problem, however I was contacted this morning by Jack from dog customs he said my dog had been refused entry because he was a pitbull breed this was not true as the quarantine people told me it was because he is a pitbull type, our dog is a blue neapolitan cross mastiff he has been accepted by the british appointed vets in OZ as a N/c/Mas also by the customs in OZ on the outward journey and to top it all there are registered breeders of our dog here in the UK who have collectively many of the same dog as ours for sale ,is this a case of one law for one and not the other u will see if you google my named dog there are pictures ours is a smooth haired dog with out the wrinkles then there is the type with wrinkles . There is a picture of a smoothed haired one like ours with a white patch on his chest that is a double of my dog . It is the policeman who says he is what he is does it mean that my dog is destined to be sent back without an appeal or anything. Can you tell us what if any our rights are?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What exactly is your question about this please?
Customer: replied 2 years ago.

My dog has been refused entry into the UK based on what I have told you previously is there anything we can do to get this reversed as they are wrong in what they allege.

Expert:  Jo C. replied 2 years ago.

You seem to be saying he has been refused entry because they say he is an unlawful Pitbull terrier?
Customer: replied 2 years ago.

He is refused entry because he is of a pitbull type is their answer, my dog is a Neapolitan cross Mastiff as accepted by the Vet in Australia, and the Australian exporters who act for the UK customs but because one policeman says it is of a pitbull type he is reused entry , my type of dog is on sale throughout the UK there are pictures of my type of dog on the internet which could be a double of my dog what it boils down to is that the police do not believe he is a Neapolitan X mastiff at even though they have paper work proving he is.

Expert:  Jo C. replied 2 years ago.
It doesn't work like that I'm afraid.

There is no registered breed of Pit Bull Terrier. The English kennel club has never recognised the Pit Bull Terrier and obviously it cannot now because they are unlawful here. The effect of that is there is no breed standard. What we use is the American breed standard.

The issue is not whether your dog was actually born to two Pit Bull Terrier parents but whether or not it has enough characteristics to amount to the a Pit Bull under the ADBA test. Sometimes cross breeds do and Mastiffs are particularly vulnerable. Of course, he doesn't have to be a particularly good Pit Bull Terrier to be a Pit Bull Terrier. No dog conforms perfectly to the breed standard. All dogs have faults. It doesn't mean they are not a particular pedigree.

That said, the fact that they have formed this view doesn't mean they are right.

If the dog were in the Uk then I would tell you that the only way to resolve this is to report him to the police and seek a ruling from the court either that he is not a Pit Bull or that he can be added to the index of exempted dogs under S4b DDA 1991.

Since the issue is getting him into the Uk the game changes. The only chance that you have is to get an expert to declare that he is not a Pit Bull. Your vet is not an expert on dog breeds.

If this is a decision of the Uk border agency upon the advice of a police officer from the status dogs unit though then your only option is to JR the border agency as its not a police decision per se.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

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