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Hello all
As a family we have moved to a seaside town.
We have a dog, mainly for two of our children who have health issues and the dog is a therapy.
We took the dog with us to the beach. Many people have dogs there, its know as a very dog friendly town where dogs are welcome almost everywhere.
We decided to walk along the beach where the sea met the sand, paddling in the sea whilst progressing along the beach toward the pleasure beach as one of the children asked if we could go and look around there.
We passed a flag that designated the lifeguard watched area. The pleasure beach is just beyond the flag.
We made our way up the beach toward the promenade.
We were approached by two officials who informed us that we were in the dog free zone designated so under a local PSPO.
We apologised and said that did not realise that. They took details then awarded a Fixed Penalty Notice of hundred pounds.
We asked why there was no first warning opportunity. the officer said no first warning as the dog free area is cleared signed along the promenade.
Next day we emailed the council and apologised but asked for them to accept representations.
Mainly that we approached the area along the edge of the beach where sand meets sea and did not see any signs informing us that no dogs were allowed.
We further pointed out the the officer himself said that the area is well signed along the promenade. - We did not approach along the prom, and so would not see the signs he suggested were reasonable.
The council were good enough to email back less than 24 hours later. However they said that they do not administer the PSPO and we would have to write to the contracted company that does.
The council gave me an email to send to. the ticket has a web address only that takes one to a bot. The bot takes the FPN number and asks if the persons name is correct. Numerous attempts to ask it how to make representations, it spat back rules about littering?!
So i used the email provided by the council and emailed the company.
10 days later the company replied. The email senders address as presented in the inbox, as if it comes direct from the local council.
at the foot of the email are the company details of the sender being KLAS Operational Support.
The reply informed me what the PSPO is for and concluded that she was satisfied that it had been correctly issued. She did not address my point about signage.
Surely the council is ultimately responsible for the admin of the PSPO as the PSPO was awarded to them?
Having looked this up, it seems that there is no real opportunity for representations. Probably why the bot was simply trying to get me to pay.
It seems to me that Councils do have to provide adequate signage. however the rules i have found so far dont seem as clear as the rules for say parking signage or bus gates etc.
Part of the document of advice to councils considering PSPO's is to consider whether the area in question can be adequately and economically sign posted - this further suggests to me that they have to ensure adequate signage.
Am i correct to insist on our defence that there is no signage along the water line nor anywhere on the beach when approached from the sea. Particularly if they insist the signage is adequate along the prom.
I feel its not a fairly applied rule if one is not adequately made aware.?
Notwithstanding, what are we supposed to do to make representations?
Are the council allowed to palm off admin to a contractor for a PSPO that has been legally assigned to the council?
Id welcome any advice on what to do about any of the above?
many thanks
As a family we have moved to a seaside town.
We have a dog, mainly for two of our children who have health issues and the dog is a therapy.
We took the dog with us to the beach. Many people have dogs there, its know as a very dog friendly town where dogs are welcome almost everywhere.
We decided to walk along the beach where the sea met the sand, paddling in the sea whilst progressing along the beach toward the pleasure beach as one of the children asked if we could go and look around there.
We passed a flag that designated the lifeguard watched area. The pleasure beach is just beyond the flag.
We made our way up the beach toward the promenade.
We were approached by two officials who informed us that we were in the dog free zone designated so under a local PSPO.
We apologised and said that did not realise that. They took details then awarded a Fixed Penalty Notice of hundred pounds.
We asked why there was no first warning opportunity. the officer said no first warning as the dog free area is cleared signed along the promenade.
Next day we emailed the council and apologised but asked for them to accept representations.
Mainly that we approached the area along the edge of the beach where sand meets sea and did not see any signs informing us that no dogs were allowed.
We further pointed out the the officer himself said that the area is well signed along the promenade. - We did not approach along the prom, and so would not see the signs he suggested were reasonable.
The council were good enough to email back less than 24 hours later. However they said that they do not administer the PSPO and we would have to write to the contracted company that does.
The council gave me an email to send to. the ticket has a web address only that takes one to a bot. The bot takes the FPN number and asks if the persons name is correct. Numerous attempts to ask it how to make representations, it spat back rules about littering?!
So i used the email provided by the council and emailed the company.
10 days later the company replied. The email senders address as presented in the inbox, as if it comes direct from the local council.
at the foot of the email are the company details of the sender being KLAS Operational Support.
The reply informed me what the PSPO is for and concluded that she was satisfied that it had been correctly issued. She did not address my point about signage.
Surely the council is ultimately responsible for the admin of the PSPO as the PSPO was awarded to them?
Having looked this up, it seems that there is no real opportunity for representations. Probably why the bot was simply trying to get me to pay.
It seems to me that Councils do have to provide adequate signage. however the rules i have found so far dont seem as clear as the rules for say parking signage or bus gates etc.
Part of the document of advice to councils considering PSPO's is to consider whether the area in question can be adequately and economically sign posted - this further suggests to me that they have to ensure adequate signage.
Am i correct to insist on our defence that there is no signage along the water line nor anywhere on the beach when approached from the sea. Particularly if they insist the signage is adequate along the prom.
I feel its not a fairly applied rule if one is not adequately made aware.?
Notwithstanding, what are we supposed to do to make representations?
Are the council allowed to palm off admin to a contractor for a PSPO that has been legally assigned to the council?
Id welcome any advice on what to do about any of the above?
many thanks
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