Dog PSPO Options

[soggi]

The statutary guidance to Councils on creating PSPOs states all sanctions MUST be stated in the PSPO. Our local Dog PSPO makes no mention of fixed penatlies, the level of the penalty or who may give them out, just a breach is liable to a level 3 fine on conviction. The council maintains as the Act that introduced PSPOs allows for fixed penalties and the FPN level is online on the Council website the actual PSPO doesn't need to mention them. A friend has been given a 100 fine for allowing dog on the beach should he pay or ignore it and go to Court? My worry is if he doesn't pay they will just send him a summons?

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[DancingDad]

............ My worry is if he doesn't pay they will just send him a summons?

Local councils do not usually bother to employ wardens, serve up FPNs and not take people to court.
I would say not a worry about a summons but a certainty.
With a fine not exceeding level 3 when convicted.

My understanding of FPNs is that they are not a sanction as such, they are a conditional offer to make the potential summons/conviction go away.
The condition being that the recipient parts with some Bank of England Gift vouchers.
Not being a sanction, do they really need to be as stipulated by guidance ?

Personally I'd say you are better looking at the legislative act rather then guidance.
http://www.legislation.gov.uk/ukpga/2014/1...tion/68/enacted

This post has been edited by DancingDad: Fri, 1 Sep 2017 - 20:32

[soggi]

............ My worry is if he doesn't pay they will just send him a summons?

Local councils do not usually bother to employ wardens, serve up FPNs and not take people to court.
I would say not a worry about a summons but a certainty.
With a fine not exceeding level 3 when convicted.

My understanding of FPNs is that they are not a sanction as such, they are a conditional offer to make the potential summons/conviction go away.
The condition being that the recipient parts with some Bank of England Gift vouchers.
Not being a sanction, do they really need to be as stipulated by guidance ?

All other PSPO I've read clearly state the issue of an FPN is an option, it seems a bit daft they can draft regulations and not state in it a FPN can be issued, by whom, how much and any discount. I get your point though paying just does prevent futher action so if the FPN is flawed they can just send a summons. All these things are a money making racket worse than parking, there is no appeal process its pay or risk up to 1000 quid fine! He was only walking the dog across the beach to get on a boat so it seems crazy that no discretion was shown.

[The Rookie]

All maybe so, but if the FPN isn't legitimate it would have no impact on any subsequent court case, so whether it's 'legal' or not it's probably better to pay it if you (they) don't want to be in court.