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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Good morning I was given an on the spot fine for walking my

Resolved Question:

Good morning I was given an on the spot fine for walking my dog on the lead through Queens Gardens In Croydon - The entrance that I used did not have a "no dogs sign"
I told the enforcement officer this but he took no notice and fined me £75 I paid it because a received a letter from Croydon Council saying that if I did not I could get a fine of £1000
Anyway I contacted the Croydon Advertiser and they put the storey in the paper. I have since received a letter from the council saying they will refund my £75 plus £25 as a good will gesture. In the letter also they are now saying that according to the dog control order conditions that dogs ARE allowed in providing they are on the lead, and they signs will now be erected according. They have admitted they acted illegally by having "no dogs" policy. Do you think I could sue them please ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. What would you like to sue them for please? Have you suffered any losses because of this?

Customer:

No but but it was embarrassing and I lost sleep that is all really but seeing as they were not acting

Customer:

within the law

Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thanks.

I have converted this to Q and A as I could not see your responses in chat.

The fine was probably capable of challenge at the very least. Even if they do have bye laws enforcing a no dogs policy they still have to sign it adequately and clearly they didn't here.

Whether you can sue them or not though depends on the sum of your loss. On the face of it, you are describing none except general annoyance and inconvenience arising from the fact that they have issue this incorrectly. I'm afraid that is not proper claimable loss. If people could claim for that it would mean that every incorrectly issue parking fine would render them liable to compensation and I'm afraid things do not work like that.

The Crown are always bringing charges which fail in court. Of itself, that does not give rise to a claim.

In terms of whether they can have a no dogs policy per se, I'm afraid I do not think that is illegal. They can make bye laws that cover that. Most beaches have prohibitions upon dogs during certain months.

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

Customer: replied 3 years ago.

Thank you very much indeed, I just though I would enquire to make sure


Thanks again and good bye


 

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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