Dog Let Out Of Garden

[Hughie1]

Hi Everyone
Can someone please point me in the right direction with some up-to-date advice? My Daughter moved into a new home a few weeks ago. She has 2 small dogs and they are well behaved and very friendly. She was busy painting the upstairs bedroom when there was a knock on her back door. She opened the window to look outside and no-one was there. She thought no more of it and carried on painting. She went to take out her dogs half an hour later and the garden gate had been left wide open and the young male dog got out. She panicked and immediately went to look for him. Someone had spotted the dog and unluckily for my Daughter, the dog warden was in the vicinity and took the dog. She had to ring numerous numbers before she was allowed to go for her dog the following day. By this time she was in tears. She then had to pay around £120 for the dog and they kept her waiting almost all day before releasing him back to her. She was genuinley ecstatic and thought that was the end of the matter. However, she has now been issued with a letter from our local Council telling her she has to pay the fixed penalty notice of £100 as the "offence" is under the guidance of the Anti-Social Behaviour, Crime and Policing Act 2014. My Daughter is a single Mopther and she has had an extremely traumatic end to her prior relationship. She has challenging mental health conditions and I fear this will only serve to worsen her issues. Is there any way at all we can object to this legally? I know she has full responsibility for her dogs, but the gate was purposely opened and then carelessly just left as such and the male dog took his chance to roam. It just seems really unfair. Thank You - Hugh

[wales01man]

Any proof of who left gate open without this the will blame the daughter pay the fines etc and keep dogs in safe next time the dog may not be coming home

[PallasAthena]

Even if you could prove who left the gate open it wouldn't be grounds for getting the FPN cancelled. The dogs weren't in the garden at the time the gate was left open and it was only when "She went to take out her dogs half an hour later " that the dog escaped. Council would say she should have checked the gate was closed before letting the dogs out into the garden.

[Hughie1]

Thank you for the responses to my question (although I do find the tone of the answers a little condescending). Firstly, the gate was closed securely and someone else opened it. I believe it was a delivery driver who had the wrong address, as this was confirmed by the next door neighbour who unfortunately did not register the company etc. As for the advice to keeping the dogs in, they were in safely until some buffoon decided to leave the garden gate open. It was a warm day and they were getting fresh air, which is not a bad thing when a house has the smell of paint in it. Secondly there is nothing whatsoever wrong with my Daughter going down half an hour later to take the dogs out. That is her prerogative and she should not have to run dowstairs checking the gate evry few minutes. I am afraid both answers have little in the way of actual substance and I would thank both authors not to respond to me again should I post. Even if I receive further responses from both authors to this response, I will treat them with the contempt I feel they warrant.

[des8]

Your daughter should ask under which section of the Anti-Social Behaviour, Crime and Policing Act 2014 the .penalty notice has been issued

Also your post is a little unclear as to whether the dogs were in the garden before the gate was opened, or if your daughter let them into the garden after the gate had been opened

In any case a word of warning that it is unsafe to leave dogs unattended in a garden to which third parties have access.
Dog theft is a growing problem as I well know having had a dog stolen from an enclosed garden which has no direct access to the roadside

Well also, I think you are being a bit harsh in your judgment on other posters who only pointed out the council's likely response to any appeal.
I really don't see how that can be construed as condescending.

[wales01man]

I hope you can win the appeal did not mean to offend

[PallasAthena]

Your post is rude, unpleasant and unnecessary Hughie1

I go to the trouble of sharing my experience of council dog wardens and what I think the council will say if you base your appeal on what is in post #1 and for that you tell me I am condescending and contemptible.

You sure know how to discourage people from offering help don't you?

My final piece of advice to you if you want to win an appeal is to treat the council workers who will consider your appeal with more respect than you have treated people on this thread.

[DE DOGS]

I guess I was lucky, our dog escaped from the back garden, a kind person was taken to the vets Cherry down Basildon, I produced her Chip no, she was handed back, I never knew all these fines were now imposed, it seems to me its a case of "GET THE MONEY", no matter what, I also had a tag made showing our phone no and chip no, but not the dogs name obviously.