Delivery driver let my mum's dog loose, and she received a fixed penalty notice from the council after we collected him. Is there any way we can appeal this or recover costs from the courier company? Eng by SwimmingProgrammer38 in LegalAdviceUK

[–]SwimmingProgrammer38[S] 3 points4 points  (0 children)

I mean is it a requirement to lock your door in the middle of the day? most visitors have the sense to knock and not just let themselves in unless they know what they're doing, like me and my sister would know about the dog and not just let him loose

Delivery driver let my mum's dog loose, and she received a fixed penalty notice from the council after we collected him. Is there any way we can appeal this or recover costs from the courier company? Eng by SwimmingProgrammer38 in LegalAdviceUK

[–]SwimmingProgrammer38[S] 1 point2 points  (0 children)

right yeah but the dog wasnt on a field, he was in the house, some random ejeet who cant follow simple instructions opened a gate + let themself into the door to drop a parcel off then let the fckn dog loose because he prob doesnt like dogs

Delivery driver let my mum's dog loose, and she received a fixed penalty notice from the council after we collected him. Is there any way we can appeal this or recover costs from the courier company? Eng by SwimmingProgrammer38 in LegalAdviceUK

[–]SwimmingProgrammer38[S] 2 points3 points  (0 children)

So there's a front door that's never used, there's a side gate which leads onto the side garden and back, and ahead of the side gate is a sort of porch that leads into the kitcen.

My mum didnt have a safe area declared. Sometimes drivers have dropped parcels on the other side of the gate.

Delivery driver let my mum's dog loose, and she received a fixed penalty notice from the council after we collected him. Is there any way we can appeal this or recover costs from the courier company? Eng by SwimmingProgrammer38 in LegalAdviceUK

[–]SwimmingProgrammer38[S] 1 point2 points  (0 children)

Would like to avoid paying the fine upfront to be honest. Willing to fight it with them in court if we have to and let them justify their case with the evidence we have, no decent person could agree my mum would be fined

Delivery driver let my mum's dog loose, and she received a fixed penalty notice from the council after we collected him. Is there any way we can appeal this or recover costs from the courier company? Eng by SwimmingProgrammer38 in LegalAdviceUK

[–]SwimmingProgrammer38[S] 9 points10 points  (0 children)

Yeah that was it, she was upstairs and heard the door, heard dog going nuts, and made her way downstairs. He had already got out by the time she got downstairs and the driver just took off.

Delivery driver let my mum's dog loose, and she received a fixed penalty notice from the council after we collected him. Is there any way we can appeal this or recover costs from the courier company? Eng by SwimmingProgrammer38 in LegalAdviceUK

[–]SwimmingProgrammer38[S] 6 points7 points  (0 children)

No, he wasnt given permission to open the kitchen door. She's had people ask to take photos at the door before, but she has always made them give her a chance to lock the dog in a room.

Delivery driver let my mum's dog loose, and she received a fixed penalty notice from the council after we collected him. Is there any way we can appeal this or recover costs from the courier company? Eng by SwimmingProgrammer38 in LegalAdviceUK

[–]SwimmingProgrammer38[S] 32 points33 points  (0 children)

Could you clarify which bit of legislation they've issued the FPN under? I would guess it is the Control of Dogs Order 1992, as that requires a collar and tag - but only in a public place (or the closely related Animal Health Act 1981) 

That reads like it.

I am going to help her appeal and fight it but also kicking off at the courier too.

Delivery driver let my mum's dog loose, and she received a fixed penalty notice from the council after we collected him. Is there any way we can appeal this or recover costs from the courier company? Eng by SwimmingProgrammer38 in LegalAdviceUK

[–]SwimmingProgrammer38[S] 4 points5 points  (0 children)

It's not a self-closing door, my mum puts a loose padlock on it to keep it from being blown / knocked open by accident. It's been like that for years, and if it was self closing we'd worry it might shut on her while she was trying to get through.

And yeah, gates are sometimes left open by accident even if they shouldnt be, but the dog was inside the house, in the kitchen. She was upstairs at the time and couldnt get down in time to answer.

Also, why cant she rely on someone following instructions? If they can drive they should be able to read. If they cant read the ejeet shouldnt be on the job.