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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice
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Can a Dog Control Order 1871 be overturned? Order based purely

Customer Question

Can a Dog Control Order 1871 be overturned? Order based purely on hearsay April 2014
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Following a ridiculous comment on facebook by an inexperienced dog walkers wife and endorsed by a park trust manager, I became enemy no 1. Despite my efforts to change the perception of my dogs and I, the abuse and rumour spreading continued. The park trust manager sent leaflets out asking people to complain about me, she informed people that I had an ASBO and a criminal record - both are false. I complained to police and council and was ignored. The council took me to court and yet have written to me stating that the trust is completely independant and any complaints must be directed to the trust. Does this mean that the council are the wrong body?
Customer: replied 1 year ago.
I have been studying dog behaviour for 4 years, what was presented in court does not make sense. The police lied on 4 occasions to which I can prove, I have complained to them and they have basically shut the door.
Expert:  Jo C. replied 1 year ago.
So you want to appeal a control order made in April 2014?
Why didn't you appeal at the time?
Customer: replied 1 year ago.
I suffer with severe depression and anxiety following the loss of my 5 yr old son to cancer and my fiance in a car crash. I had a breakdown Aug 2013 and have not worked since.
Customer: replied 1 year ago.
I was told that I would also have to pay another £5000 to appeal
Expert:  Jo C. replied 1 year ago.
Thanks. ***** is a finding of the Magistrates like any other and it can be appealed.
However, you had 21 days from the date of the order to do so. You are nearly two years out of time I'm afraid.
You can sometimes appeal out of time but not two years usually I'm afraid.
Even a judicial review would only give you three months to appeal and time limits are even more rigidly enforced than the normal route of appeal. Also, costs would be far greater.
I'm very sorry but that is the reality.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
ok, I can prove that the police officer lied on 4 occasions whilst under oath, he also withheld evidence and silenced another officer. Can I do anything? I have complained, but no redress to Ipcc
Customer: replied 1 year ago.
Its also taken this long to get a full response from the council.
Expert:  Jo C. replied 1 year ago.
Not at this stage.
Unless you get the Crown court to accept your appeal out of time.
Customer: replied 1 year ago.
Is the fact that I was clearly not well enough to attend court and the length of time the police and the council took to respond? Last mail received Friday 22nd Jan 2016? My health, my job, my home and reputation all lost...
Expert:  Jo C. replied 1 year ago.
Not really to be honest.
They will sometimes accept a few days but not nearly two years.
The delay of the police and the council did not delay the appeal.
Customer: replied 1 year ago.
What about the perjury? Withholding evidence?
Expert:  Jo C. replied 1 year ago.
I'm really sorry but they are not going to prosecute him for perjury and there isn't an offence of withholding evidence.
Customer: replied 1 year ago.
Thank you for your help. I have paid the £38 and trust that no additional money will be taken from my account.
Expert:  Jo C. replied 1 year ago.
You need to email customer services at***@******.*** about that but they can do that for you.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.

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