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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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may i speak with you again regarding some issues i had a while

Resolved Question:

may i speak with you again regarding some issues i had a while back whilst allegedly street trading in scotland?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
How can I help?
Customer: replied 2 years ago.

i have recieved a letter from the procurator fiscal issuing a warning for the following offences,

1, civic gov act 1982, section 7(1)

2, local gov act 1973 section s201&s203

althought they say they have enough evidence to prosecute, they are issuing just a warning. however, what they do say is , this will be recorded on the scottish criminal history system under enhanced disclosure to assist in further complainnts against me.

as i do not think i have committed any offence whatsoever i find it unfair that this should be the case and wonder if i would be within my rights to challenge this?

as i said before, i sell fresh fish from a basket at peoples doorsteps. i park my vehicle at the end of each street i enter and peddle my goods from there. i also door knock asking people if they would be interested in any fresh fish and if they are then i return to the van, pick up my basket of fish and return to their doors to show them the goods and do any transactions from that doorstep or from inside their dwellings.

does this constitute an offence?

kind regards,

Paul.

Expert:  JGM replied 2 years ago.
I dont think you have committed any offence under the civil government legislation.
Whether you have breached a bye law depends on the district you have been trading in.
I would certainly challenge this.
Customer: replied 2 years ago.

thanks,

i seem to have asked this question on your profile rather than ask it as i new question and ask specifically for yourself. do you have access to our previous conversation from february as this is a follow on from then?

Expert:  JGM replied 2 years ago.
I have it. Answer as above. I don't think the police have the law right on this but you will have to check for council bye laws.
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