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Abatement Notice of Statatory Nuisance over Dogs Barking


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Please help, am at my wits end over my neighbours increasingly worse issues against me, now making complaints about my dogs. Im worried sick that im now facing legal action and fines.

 

11.03.13 Received an Abatement notice from the council about my dogs barking.

They stated 2 weeks ago, for 1 hour, my dogs barked constantly at about 3pm.

I was not here (at an appointment so no way to prove/deny they were barking). Council have not issued any proof or evidence of this being true.

 

A couple of weeks ago they sent a letter saying my neighbour had made a complaint about the dogs barking.

This is following both man & woman neighbour banging hell out of my door at 11pm when I had been out for 2 hrs to complain the dogs were barking when I had been out - their brother actually caused the barking by placing things in my porch and disturbing them!!!) They had been drinking, were very threatening and abusive and made me feel very intimidated so since then I have stopped all communication with them!

Ever since then we have been very prevalent to ensure that the barking is always stopped very quickly such as when they are due food, or out to loo, when I get up in morning - they are excited and yes, they bark, but are always stopped very quickly. I rarely now leave the house to ensure they are kept quiet most of the time, or arrange someone to sit with them. I don't even go out in the evenings or socialise now as I cant leave them unattended.

 

The council who attended even said "Cant you get rid of the dog"!!!! would you get rid of a crying baby or child who is teething overnight for weeks???

 

However, one incident, 2 weeks ago I had no choice and left them in the afternoon for 2 hours. Typically, they barked for 1 hour, at about 3pm.

This is the cause of the Abatement Notice.

 

I have not been given any evidence or proof of this noise that was supposedly made.

I do not know how long this Notice is in effect for - 1 month, 1 year or forever?

I have 21 days to appeal, but HOW on earth do I appeal as its a load of gobbldegook technical jargon.

 

Please help as I don't know what else to do, im doing my best already

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I have asked someone from the Pets n Vets forum to look in on you - see if they can offer some advice.

 

How many dogs do you have ?

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The first thing I suggest is a short and polite note to your immediate neighbours, including the unpleasant one, explaining that you now realise that when you are out your dogs have been barking. And that you are going to do your best to retrain your dogs, please could they be patient as it may take some weeks, but you are doing your best. Copy to the Noise Abatement people and a copy to your Housing Officer if this is local authority or HA.

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The council wouldnt have served the notice without witnessing the dogs barking, the noise abatement notice literally means that you have to stop the noise or the council can take further action. TBH barking dogs are a nucience and really annoying if you live by them and the most common reason seems to be dogs that are left alone for long periods of time, such as when the owner goes to work. i can only suggest that you take the dogs out and tire them out if you can so they are less likely to have the energy to bark and retraining is vital, if the noise persists then you may have to consider rehoming the dogs.

I am an animal lover and know how hard it is keeping any animal so I do sympathise but i have also lived next door to dogs that bark and I know how annoying it is

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You mentioned that they seem to start barking at about 3pm if you are out. What happens in your area at 3pm? Children coming home from school maybe and all the associated noise?

 

Have a sit down in silence at about this time, and have a really good listen and just note everything that goes on. Listen good, because you will be accustomed to a lot of what you hear, and won't generally notice it,. This is to see if it is a particular thing that starts them off.

 

It is a neighbour nuisance, and it can be sorted out, but its not an easy job, especially if its behaviour that is well established. But there's several things to try before having to call in a trainer/behaviourist.

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For the last 11 years i have lived here (owned terraced house and only the one neighbour complained). We have always had between 5-13 dogs, as we used to breed Mini Schnuzers and obviously had litters during this time. This has never changed over all these years, and we have never had a change in our circumstances. I even used to work away a lot and the dogs had a dog sitter who spent a lot of time with them but not 24/7 and no problems!

 

 

This has all started since the neighbour retired and in her own brothers words who lives next door with them - she has too much time on her hands and nothing else to do! He also stated he cannot hear them most of the time, except when let out in the morning to go to loo as his bedroom is at the back (and just off above the 'dogs room').

 

 

i am an experienced dog trainer, handler and breeder, so i have have good control over the dogs - when i am here, there is no problem! Its purely the times when i go out: If someone comes to the door (there is now a sign on the front door saying do not knock it at all -ever! to avoid the dogs barking). If they start to play when im out then they will also bark. They are the 2 triggers i can see. (apart from the rare emergency siren which one dog will bark at as he is scared of them).

Of course, when i come home they bark with excitement and get placed out the back for loo and i stay with them to ensure they are quiet. There is no schools etc, just a main road with usual passing traffic.

 

 

Their room is in the middle of the house, so well away from the front or back gardens and passing people or traffic.

 

 

If the are in their room and barking, you cannot hear them from the front garden, only if you are standing very close to the front door, but you can then hear them inside in different rooms.

 

 

I do not work as i am off work ill, im home 99% of the time, especially since the first complaint on 11 feb i have been extremely careful either not to go out or have someone here to sit with them.i have almost become a recluse to ensure they are safe.

 

 

as i stated - one incident, 2 weeks ago I had no choice and left them in the afternoon for 2 hours. Typically, they barked for 1 hour, at about 3pm.

i had a hospital appointment on the 21st, when i was out and the 1 hour they barked! i do not leave them at set times or everyday so there is no specific time/day/routine trigger.

 

 

this is the one and only incident listed in the Abatement Notice, and it was approx 3pm!

 

 

they are alternately taken to an 8 acre field to play and run each day , when someone stays behind and sits with the others.

believe me, i also know how much of a nuisance dogs are who bark, which is why i never allow ours to do it when im here - but how can i stop them when i am not? this is the big issue i need to resolve?

 

the dogs we have now vary from 17 1/2 to 6 yrs old, all home-bred. I dont have babies or kids running around screaming all day everyday,never had 1 late night party, or caused any noise in any other way.

 

 

i cannot sleep in my front bedroom as their TV is full blast in the nights and they sit nearly 30 ft away from it and stay up drinking most evenings.

 

i cannot speak to them as they have both been very aggressive to me and i almost called the police one night due to their behaviour to me (husband and wife) so i have no intention of ever speaking with them again after that. there is no complaint from anyone else in the street - only 6 houses in total!

 

really at my nerves end and living in fear that any barking at all will now cause me to go to court and be fined.

thanks everyone for suggestions and helping.

Edited by citizenB
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Ok, lets calm down now. This will make you ill. You cannot live your life like a recluse just because you have dogs. The main thing here is you own your home so no-one is going to come and serve an eviction notice on you.

 

As you say, you have 4 out of a possible 5 householders on your side already, or not complaining. No problem with chatting to the good neighbours to get their opinion of the noise levels, making them aware that if they ever did have a problem, then you are dealing with it. All nicely on your side then.

 

All you can do right now is accept that them next door have complained, and do what you can to minimise the noise. Just as you have to accept their noise, they must also accept a certain amount of living noise. So long as your dogs are not barking 27/7 (if they were all your neighbours would be up in arms) then the noise of a dog barking a couple of times a day shouldn't be much of a problem. Before this ever went to a court, there would be attempts at mediation etc. I know from experience it costs a lot of money for Environmental Health to take Court action, so they are generally certain of choosing their cases wisely. Its just my opinion, but if you also have counter complaints, and have improved the situation from your side as much as you can, then this would not be a case they would take to Court lightly. Lots would happen before this ever got to court, such as mediation.

 

If they are aggressive or threatening again, please do call the police. But never retaliate. You want a nice evidence trail of what is going on, who is complaining, and who is threatening, etc.

 

So now you have to crack on with your side of things, and that is to try and improve the barking problem. You are a dog trainer/handler. So you know this is a tricky one, but you also know the drill! We've ruled out disturbances, like school kids coming home, so, is it a case of separation anxiety (all of them?! which one is in charge?!)? If not, then its the old "Speak" and "Quiet" game, where you have to start by teaching the dog to bark on command. (If you have control of one of them, you have control of all of them, taking yourself out of the picture, who do you think is the boss dog? Start with that one). Try this with them, to be used at feeding time, other times they might get exciteable. You'll know though that it can take some time to achieve this with one dog, never mind several all together! I think I'd have to have my friend to help me out with this one, so do you know other trainers in the area who might be able to assist? Not a bad idea, because if this is making you stressed, trying to to teach these commands to a dog is going to stress you a bit more I should think!

 

How about, say you have to go out for two hours at 3pm, taking the dogs for an exhausting run about and walk for an hour before you go, so they will be tired out, and have no need to start playing?. Then, when you return you can use the "quiet" command as you come through the door.

 

I hope you get it sorted, but it won't be an easy fix.

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Can you borrow a nouise meter to measure the level of noise at given times of day, both as background and then with the dogs barking? Measure inside and outside the house as unfortunately the law doesnt differentiate. You can then argue that the level isnt excesive for a particular time of day if the measured level is below certain thresholds. These will vary but the council should be able to tell you what they consider reasonable for continuous, intermittent, day or night etc. Unfortunately it only takes one person to complain and the council are obliged to investigatre

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Can you borrow a nouise meter to measure the level of noise at given times of day, both as background and then with the dogs barking? Measure inside and outside the house as unfortunately the law doesnt differentiate. You can then argue that the level isnt excesive for a particular time of day if the measured level is below certain thresholds. These will vary but the council should be able to tell you what they consider reasonable for continuous, intermittent, day or night etc. Unfortunately it only takes one person to complain and the council are obliged to investigatre

 

Have just looked to see how much a noise meter is to hire! whew, out of the question and unless the council will let us borrow theirs then I cant see us doing an efficient test.

If I stand outside my front door, there is no passing traffic and ALL the dogs are barking (which is a very very rare occurrence) then you can just about make out the dogs barking inside, but the noise can be heard through the walls if inside and this is where the neighbours are complaining about.

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Ok, lets calm down now. This will make you ill. You cannot live your life like a recluse just because you have dogs. The main thing here is you own your home so no-one is going to come and serve an eviction notice on you.

As you say, you have 4 out of a possible 5 householders on your side already, or not complaining. No problem with chatting to the good neighbours to get their opinion of the noise levels, making them aware that if they ever did have a problem, then you are dealing with it. All nicely on your side then.

All you can do right now is accept that them next door have complained, and do what you can to minimise the noise. Just as you have to accept their noise, they must also accept a certain amount of living noise. So long as your dogs are not barking 27/7 (if they were all your neighbours would be up in arms) then the noise of a dog barking a couple of times a day shouldn't be much of a problem. Before this ever went to a court, there would be attempts at mediation etc. I know from experience it costs a lot of money for Environmental Health to take Court action, so they are generally certain of choosing their cases wisely. Its just my opinion, but if you also have counter complaints, and have improved the situation from your side as much as you can, then this would not be a case they would take to Court lightly. Lots would happen before this ever got to court, such as mediation.

If they are aggressive or threatening again, please do call the police. But never retaliate. You want a nice evidence trail of what is going on, who is complaining, and who is threatening, etc.

So now you have to crack on with your side of things, and that is to try and improve the barking problem. You are a dog trainer/handler. So you know this is a tricky one, but you also know the drill! We've ruled out disturbances, like school kids coming home, so, is it a case of separation anxiety (all of them?! which one is in charge?!)? If not, then its the old "Speak" and "Quiet" game, where you have to start by teaching the dog to bark on command. (If you have control of one of them, you have control of all of them, taking yourself out of the picture, who do you think is the boss dog? Start with that one). Try this with them, to be used at feeding time, other times they might get exciteable. You'll know though that it can take some time to achieve this with one dog, never mind several all together! I think I'd have to have my friend to help me out with this one, so do you know other trainers in the area who might be able to assist? Not a bad idea, because if this is making you stressed, trying to to teach these commands to a dog is going to stress you a bit more I should think!

How about, say you have to go out for two hours at 3pm, taking the dogs for an exhausting run about and walk for an hour before you go, so they will be tired out, and have no need to start playing?. Then, when you return you can use the "quiet" command as you come through the door.

I hope you get it sorted, but it won't be an easy fix.

 

Thanks, I have so much to worry about. I dread going out to leave them as much as I dread coming home in case there have been any problems.

really wish I had called the police now just to have it recorded but I always keep myself to myself and head down to get on with things and hope it passes and they go away, but following their outburst I cut off being 'friends' with them and now this has all escalated.

 

There is now a big sign on the front door asking that no-one knocks the door to start the dogs barking (such as delivery or post men etc) so that's another risk hopefully removed. I also leave the radio on very loudly so they cant hear sirens on the main road or if someone should knock by mistake. This works as often they don't hear opening the door or if im in the living room they sometimes think im not home etc.

There is one 'typical' yippy barker who is vocal when any of them play.

There is another who is the alarm clock who barks to go to the loo in the morning (not constant, but a couple barks which are sporadic) 6.30 am but there was no mention of that in the complaint! Rather oddly. It takes about about 3-4 mins of him waking for me to get up from bed,dress and rush him outside and he gives a few barks but not a full on session or constant stream of noise. That is the one issue I thought would be a great concern and my most panicked time!

The only other time is if they play.

They do know 'Quiet', they have always had 3 warnings if noisy in garden etc and they come in etc. I also use a water quirty if they start which is fab as you only show it to them but only quirt if they continue. Doesn't work if just left in the same room though.

 

As you say, if it were one or two there wouldn't really be much problem, but training in a pack is much more difficult.

 

As long as I know that there isn't a huge impending risk of being rushed off to court so quickly then I can relax slightly, but I never dreamed in a million years they would have issued any issue for an hour at 3pm. I totally understand if it were 3am or all day every day, so think that's why my shock and worry/panic is so much.

 

thanks so much everyone, really appreciate it, even just support to know im not alone and having to deal with the council without help

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my neighbours dogs bark first thing in the morning before i get up and its annoying but is only for a short period of time, but more annoying is constant barking for 30mins or more during the day, it may not seem a lot to complain about but if its a regular noise it does get you down. having said that the council will do a noise test in the neighbours house if they keep complaining. how many dogs have you got at the moment?

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  • 2 weeks later...

I had a more detailed letter from the council stating that the people reported the dogs barking continuously for over an hour (we were here so this is untrue) so they rant the council and an officer attended and made a record of the dogs barking when in the neighbouring property.

it said things like large dog barking at front of room 1 minute, small dog barking outside back of property 2 minutes etc etc. not a continuous time of constant barking of all dogs.

No recordings provided. and it wasn't clear if any recording was made?!

It is for the lifetime I remain living at this address!!!

 

on our own investigations, we had the sky engineer here at the time. One of us was in the living room with the engineer, the dogs were in the dining room and I was out the kitchen throughout this time cooking and eating dinner. none of our dogs were outside at the time! yes, some barked in the house as they could hear the engineer talking and were upset with a stranger being here.

the barking dogs out the back were the 2 jack russells who's garden runs directly behind my neighbours and my back garden.

these dogs have caused me many times to think I have left one of ours outside and barking only to run out and find it is those dogs!

but there is no proof from the council to show it was indeed my dogs out the back barking.

 

I only have this week to appeal = how and what do I need to do please? there is clearly some grounds to defend this case?

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you may be able to defend that the two dogs outside were not yours, but I cant see how you intend defending the rest, the council officer did hear your dogs barking he dont have to record it, he didnt know when you would be in or not so he turned up at a random time and they were barking while he was there. I dont really know what the answer is but I think you will have to realise that barking dogs can be very annoying for neighbours and what may seem a small incident to you wont be to them.

If I have been of any help, please click on my star and let me know, thank you.

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Have a look at the legislation here: http://www.legislation.gov.uk/uksi/1995/2644/regulation/2/made. The following seems to be grounds which are relevant to you and could be a basis for challenging this:

 

- Para 2 (a) - The barking does not amount to a statutory nuisance. The court is supposed to consider whether the barking interferes with your neighbour's enjoyment of his land in an unreasonable way. Relevant factors include location, time, duration, frequency and whether the problem is malicious, negligent or innocent. To argue that this was not an unreasonable interference you could make the following points, obviously feel free to adapt them as you know this stuff better than me:

  • Location: The barking occurs in an area where many people keep pets and accordingly some barking is to be expected (refer to your other neighbour's Jack Russels as an example of this).
  • Time: The barking never occurs at night and only when most people are at work.
  • Duration: The barking is normally very short and only rarely occurs for longer than [x].
  • Frequency: The barking is occasional and not constant.
  • Nature of the problem: You are doing all you can to minimise the barking by [set out what you are doing to minimise the problem].
  • Contribution by the neighbours: The problem is made worse by the actions of your neighbours. The barking which preceded the complaint was caused by the neighbours mucking about in your porch [not sure I understand your first post on this bit so adjust as necessary]. The dogs so not like your neighbours because they nearly knocked down your door while drunk and started being aggressive, hence the dogs got defensive.
  • Unusual sensitivity: The nuisance is evaluated from the viewpoint of an unreasonable person, if you have good reason to think your neighbours are "hypersensitive" then point this out.

- Para 2© - The authority have unreasonable refused to accept alternative requirements.

  • The authority failed to engage with you and did not properly investigate the complaint or attempt to see if there were any alternatives.
  • If the terms of the notice as unreasonable or impossible to comply with, point out what the problems are.
  • You are taking all reasonable steps to minimise the problem [set out what you are doing].

- Para 2(j)(i) - That the notice might lawfully have been served on another person also responsible for the nuisance. Explain about the Jack Russels and that some (all?) of the barking is down to them.

 

What do you actually need to do? There does not seem to be a particular template for this, even on "paid for" legal services. I did find a template at the bottom of this PDF which may be useful: http://portal.nasstar.com/33/files/articles/Birtles_StatutoryNuisance.pdf. Prepare a word document along those lines which includes your edited version of the points I make above. I would give the relevant Magistrates Court a call, explain what you want to do and whether there are any formalities (probably just a matter of bringing the document to the court and filing it in person with the clerk).

 

Personally I think you have a good chance of getting this set aside. The notice strikes me as rather unreasonable. I do not think it is unreasonable for dogs to be barking in a neighbourhood which has a lot of pets. The bit which gives me cause for concern is the number of dogs you have as a breeder, the council could say you should be living somewhere with more space if you are going to have so many dogs. However it does seem to me that you are doing your best and that the council have been a bit lazy in just deciding to issue a notice rather than properly investigating.

 

Note the tight deadlines. The time for appealing is 21 days. You must be pretty close to this.

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Just as steampowered has said!

 

Is it also worth mentioning in your defence, that you have had dogs for XXX amount of years, these neighbours have lived next door to you for XXX amount of years and it has never troubled them before to your knowledge. So why, after all these years, is it now a problem? Stand up for yourself. Enlist the help of other neighbours if you have to.

 

And, how are you getting on with the barking? I suggest you concentrate on the retraining (you know what a task you have before you!) because if you are a dog trainer then you know that you can achieve this. And all the hard work and stress of teaching your little pack this new lesson will detract from the stress of them next door.

 

Then, when you have achieved this, perhaps you could turn your attention to the noise from them next door and suggest a few tricks for their family to deal with it!

 

Don;t give in, just get on with what must be done, record everything diary form, and stand up for yourself and your dogs.

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  • 6 months later...

Apologies for the delay in updating. Things become very stressful and with my severe depression and anxiety i was unable to keep up the fight to defend myself or my dogs. I ended up without time to appeal and the abatement notice come into effect.

Also, I have been on the receiving end of much worse harassment from the neighbours which resulted in them being arrested and issued with a police PIN for harassment against me. I had camera evidence and this also included them allowing their friends to put their hands through the fence to my dogs, despite them reporting my dogs for being 'aggressive and dangerous'!

With all this and my depression making me so ill, i just accepted things.

 

However, since the abatement notice was issued, i had 2 breaches which i now need help with as the council are trying to force me to accept a formal caution against them. I made a formal interview under recording and caution to the council.

 

Breach 1. My mother has vertigo and collapsed in her home 2 miles away from me. I am her only living relative so i am her emergency contact so of course i rushed out to attend to her. I was away from home approx 30-40 minutes to ensure she was safe and i come home promptly. One dog was locked out the kitchen seperate from the other dogs and as a result, they were barking. This dog is one i have also rehomed.

This is the only breach they were actually calling me into interview about.

 

On my arrival at the council for the interview, I was informed of a second breach, which happened the day BEFORE the interview and I had no prior warning or preparation about before the interview to defend myself but as it was a second very genuine incident, I agreed to continue with the interview. Also because it was so traumatic for me to face the interview, i was there and needed to get it carried out and not have to face going again.

 

Breach 2. The day before the interview i dropped a heavy tool on my foot, and was in complete agony so i had to go to emergency A+E. I was there several hours (although the dogs only barked on record for 30 mins) as i needed to wait for x-rays and treatment. I again, arrived home as soon as i was able.

I attended the interview barely able to walk with the pain and foot being strapped up, and was told i could have re-organised the date, but as explained i needed to get the interview over and done with as i couldnt cope have to do it again.

 

I give the interview as openly and honestly as i could as i have nothing to hide and admitted the two incidents but explained fully they were exceptional and extenuating circumstances. I told them i had rehomed some of my dogs, and have had no new dogs. I told them we never leave the dogs alone as we now alternate who is here when i have to go out shopping etc. I have continued with their training and the younger dogs are now older and more calm.

 

A couple of weeks after the interview, one of the officials spoke to me on the phone and told me that no further action was being taken against me. this give me so much relief as it was not going to progress.

 

Now i have received letters from the council saying they are issuing me with a formal caution against me for both of the breaches.

I have spoken with a different official who i asked for more time to collate a reply as i was told nothing was happening and i intended to defend their decision. She told me that if i do not accept the caution from them, they WILL prosecute me in court.

I have had 2 letters from them chasing me to sign their acceptance of the cautions and i have a few more days in which to present my case.

 

While I accept the dogs were barking for a short time, i was out of the house, i was only out for both emergencies= not for going to the cinema, shopping or a fun time away. So i wish to appeal

Can anyone please help me organise this letter to them?

the solicitor would charge me £75 for 30mins without any letters and i am still not working as too ill so i have nowhere else to turn.

 

thank you everyone for all your help and support.

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I USED to breed and my last litter born was 9 years ago. I have not bred any dogs since then.

I used to take in and foster rescue dogs for a local charity (indeed the council used to contact me to help them!) but i have not taken in any new dogs since Feb 2013 and they have since been rehomed.

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The facts surrounding the alleged offence, briefly described on the attached document, have been reported to me by an officer of this department.

I have carefully considered these facts and concluded that there are sufficient grounds to institute legal proceedings under the above mentioned Act. (Environmental Protection Act 1990 Section 80 (4).

 

I am on this occasion proposing to issue a caution in respect of the allegation. This course of action is subject to your agreement and admission of the alleged offence.

 

I must advise you that should you agree to accept a caution, a record will be kept of it at this office and may subsequently influence a decision to institute proceedings should you be found to be infringing the law in the future. The caution may also be cited should you subsequently be found guilty of an offence by a Court of Law.

 

If you are in agreement with the proposed course of action, I would be obliged if you will sign and return the declaration on the attached caution form. This form should be returned to me no later than 7 days from receipt of this letter.

A countersigned copy of the caution will be issued to you in due course.

 

 

CAUTION FORM TO SIGN:

Date of offences:

xx / xx / 13 and xx / xx / 13

 

Brief Circumstances of Offences:

 

1. on the xx/xx/13, did without reasonable excuse, contravene or fail to comply with a requirement imposed by an Abatement Notice under Section 80 of the Environmental Protection Act 1990 as amended, dated the in respect of xx my address xx, requiring that as the occupier takes suitable steps to ensure that barking of the dogs kept at the premises did not materially interfere with the use and enjoyment of, any other residentail premises. Contrary to Section 80 (4) of the Environmental Protection Act 1990 as amended.

 

2. on the xx/xx/13 did without reasonable excuse, contravene or fail to comply with a requirement imposed by an Abatement Notice under Section 80 of the Environmental Protection Act 1990 as amended, dated the in respect of xx my address xx, requiring that as the occupier takes suitable steps to ensure that barking of the dogs kept at the premises did not materially interfere with the use and enjoyment of, any other residentail premises. Contrary to Section 80 (4) of the Environmental Protection Act 1990 as amended.

 

Declaration:

I hereby declare that, I admit the offence described above and agree to accept a caution of this case. I understand that a record will be kept of this caution and that it may influence a decision to institute proceedings should i be found to be infringing the law in the future. I further understand that this caution maybe cited should i subsequently be found guilty of an offence by a Court of Law.

Signed / Dated

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Is there anything about what you can do to contest or appeal it?

 

It doesn't seem to me that you are in breach of the Abatement Notice. The abatement only requires "suitable steps", it does not impose an absolute obligation to stop all barking. The dogs did bark but it seems to me that you did take "suitable steps". I guess the question is whether you have the energy to fight this.

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Is there anything about what you can do to contest or appeal it?

 

It doesn't seem to me that you are in breach of the Abatement Notice. The abatement only requires "suitable steps", it does not impose an absolute obligation to stop all barking. The dogs did bark but it seems to me that you did take "suitable steps". I guess the question is whether you have the energy to fight this.

 

I think in this instance, with there being factual and provable emergency reasons why i was not here - i am going to have to fight.

if i were taking the pxxx and leaving them for no reason, id take the rap, but i do feel as if im being victimised to a certain extent and if i dont appeal now - they have me over a barrel to prosecute me more easily in future?

 

Everything that was in the letter is what i have typed above. nothing about an appeal to the caution, nothing about disputing it! only to sign and accept!

So i need something drafted up with my reasons which would be admissible in court as the officer advised would happen if i didnt accept .Very much a bullying tactic?

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