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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
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Dog mauled cat, neighbours' harassment, court on 30/11/07


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Phew!!!! what an epic tale!!

Just to say good luck den, was really upset to see your moggy looking like that so glad she is well again :)

I have 4 of my own and i cant print what i would do if anyones dog did anything like that to any of them.

Big hugs to Rosie and you and your little boy, stay strong hun

Thinking of you:wink:

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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I have just gone through all this and you have all my support and a big hug for you and your boy, just a question though, did you ever make that anonymous call to the DSS benefit fraud line? I would if i were you :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Just a little update.

 

Coming home from shopping and they did the wailing and screaching thing again. My son was with me and managed to keep it together until we got inside, then just broke down sobbing.:(

 

just subscribing.

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Hi Den

 

Just wondered how you are doing ?

 

Not that long to go now.

 

I'm sure you and you're wee lad will be glad when this is over.

 

Stay strong and big hugs to you all.

 

Mrs c

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Hi mrsc

 

We are ok, thank you. Nothing major happening, I haven't seen them as I am off for half term with my Son so no need to go past their block and they won't see me coming home.

 

I have spoken to Joa and she has given me some great tips and have arranged to meet her before the Court hearing on the 30th Nov.

 

Apart from spending time with my Son and doing the odd day trip this week, I am also getting my paperwork together for the Court.

 

I will send their bundle in as soon as it is together but won't send the Neighbours their bundle until the last possible time.

 

Denise :) xx

den3371:p

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Just subscribing, what a story.

My cat was attacked by dogs too, not to mention shot AND stolen (then dumped) by similar neighbours, all in the same 18months. I know how emotions run on that score.

Words cannot express my fury and anger at people like this, its total ignorance. Can your sis make any observations & submit a statement at all? (Staffies hate cats at the best of times)

I realllllllyyy wish you all sincere wishes and luck for the 30th.

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Hi DenGlad to hear you are doing fine,and not had any more bother from them.I am glad to hear Joa has been such a help to you,this is just the kind of support you need to see you through this.Will be thinking about you all.Mrs C

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Just subscribing, what a story.

My cat was attacked by dogs too, not to mention shot AND stolen (then dumped) by similar neighbours, all in the same 18months. I know how emotions run on that score.

Words cannot express my fury and anger at people like this, its total ignorance. Can your sis make any observations & submit a statement at all? (Staffies hate cats at the best of times)

I realllllllyyy wish you all sincere wishes and luck for the 30th.

 

Hi Chickenlicken

 

I am so sorry to hear what happened to your cat. You're right, emotions run very high on that front!

 

I have spoken to my Sister and she doesn't live that close to me and works full time as well as running behaviourist classes at weekends!

 

It is standard knowledge irrespective of breed that a dog is more likely to attack when with another or in a group as their'pack' instincts are heightened.(This is what she has told me). The Staffordshire Bull Terrier is also classed as the 'Nanny' dog as it is extremely loyal to their owners and family if brought up with repsect and treated well. (I know this too as my Sister has fostered so many at her own home).

 

Thanks again mrsc!

den3371:p

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Just subscribing, what a story.

(Staffies hate cats at the best of times)

I realllllllyyy wish you all sincere wishes and luck for the 30th.

 

I have every sympathy for anyone who has had a problem with their pets, but please don't tar all staff's with the same brush, I've got 4 and they are the most loving and well behaved pets you could wish for - and they are fine with my cat.

It's not the breed it's the owner that's the problem, any dog without training is a problem regardless of breed, and all terrier breeds have it in them to chase small fluffy animals, it's what they were bred for through the centuries. Responsible owners (the majority) train their pets so that they don't act on their instincts and they supervise them properly. I'll get off my soapbox now. Good luck in court.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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Its never the pet poppy.. its always the owner.. i know staffs, and they are gorgeous

 

Ibeen lurking in this thread for some time.. My heart extends its deepest sympathies to your pet cat, den, and the best of luck in court.. let us all know the response..

 

if needs be i am a training forensic scientist, so if you need help with any "evidence disposal" shout me XD

I like this site because of the following:

 

Halifax: Settled in full (£898.00 out of court)

Abbey: Various charges refunded totalling approx £600.00

Homebase: Consumer issue sorted - found all info here before even asking.

Travian games: in progress (started 22-09-07)

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Thanks harathoi

 

Staffies are lovely dogs - I do agree and it is exactly the same with ANY type of dog, whether it be a Staff, Rottie, Yorkshire Terrier - treat them well, look after them and give them plenty of exercise.

 

I don't want these dogs destroyed, it wasn't their fault, the Owner is completely to blame. If I can get a dog control order in place, hang the money! - that would be good enough for me.

den3371:p

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Just a quick couple of questions:

 

1. The paperwork needs to be exchanged 2 weeks before the Court Case - so this would be 16th November. What happens of I don't receive anything or it is sent to me after the 16th Nov?

 

2. Should I submit my own statement of what happened on the day of the attack?

 

Thanks in advance.

 

Denise

 

den3371:p

Dog attack - 23/04/07

LBA sent - 25/05/07

Various harrassment - ongoing!

Court papers due in 16/11/07

Court date - 30/11/07 10am!

den3371:p

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What does it say on the court directions?

 

Sorry, just saw Q1: In theory, you can apply to have their defence dismissed and case awarded summarily to you, but a lot of judges will simply say they'll deal with it on the day of the hearing anyway.

 

I think odds are pretty high they won't turn up anyway, don't you?

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Hi Bookworm

 

It just states the bundles should be submitted no later than 14 days before the Court date. I am assuming this includes weekends?

 

I am hoping she won't turn up, but having said that they have tried so hard to dismiss everything I think they would turn up just for the fun of it.

 

Should I submit my own statement of events of the attack too? Or will there be a chance to put my side accross on the day?

den3371:p

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Both, really.

 

Best to submit your statement anyway, and this way you can refer to it on the day in case nerves kick in and your mind goes blank. Also that way, they can't try and say you changed your version last minute to ambush them... ;-)

 

Remember with your bundle, ANYTHING at all that you might need to use, include it. Better that then realise too late that you have left one thing which is what they then decide to use against you. Photos, vet's bills, copies of the vet's examination, even previous vet's examinations to show Rosie was a healthy happy well looked after cat before the attack, statements from whoever, anything to help tilt the balance in your favour. :-)

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I am writing my statement of events on the day of the attack. Please could someone advise me if it's too long, irrelevant info etc? I thought I would put this in with the statements I have been given from my next door Neighbour, my Childminder and a friend of mine.

 

Thanks in advance.

 

Denise

 

On Sunday April 22nd 2007 I was talking on the telephone with a Friend as my Son was in the front room (which overlooks the back garden). He had literally just come in from playing in the garden with our cat Rosie.

 

He had been inside for around 5 minutes when he rushed into the kitchen telling me ‘the dogs have got Rosie’.

 

I cut off my telephone conversation and ran to the front room window and saw 2 x Staffordshire Bull Terriers attacking our cat and shouted at the dogs ‘No’. There was no one outside supervising the dogs; they were on their own. I then ran outside and as I approached the dogs, XXXX from No. X had jumped from their Ground Floor flat window and managed to get hold of their dogs and proceeded to lift them up through their window and get them inside. I then managed to catch our cat and also pushed her through my ground floor window and got inside.

 

I immediately called the Emergency Vets (Summerfield Veterinary Group) as my local Vet was shut being a weekend. They asked me what had happened, I told them and that she had extensive injuries to her stomach, a blown pupil, bite wounds to the upper chest areas. The vet asked me if she had been shaken and I told them I was unsure as I rushed out immediately to get the dogs off her. The Vets then asked me to go and approach the Neighbours who owned the dogs and find out as this was crucial.

 

I went to No. 8 and spoke with XXXX who told me that XXX had gone to phone his Brother to collect his Dog (a bitch) that they were looking after. She also stated that they were happy to contribute the Vet costs. XXXXX returned whilst I was talking to Ms XXXX and stated that he did see the dogs shaking Rosie by the head. I then left stating that I had to get her to the Vets in Maidenhead. Ms XXXX asked me to let them know how Rosie was.

 

I left my Son in the care of my next-door Neighbour and they looked after him as I took our cat to Maidenhead.

 

Rosie was assessed and I was given an Estimate bill of approximately £600. With the assurance from Ms XXX earlier that they would help with the costs, I agreed for the treatment to go ahead.

 

The Vet also advised me to notify the Police of the attack as the dogs had been out unsupervised, which I did. The Police also advised me to notify the Council Dog Warden which I did the following day.

 

After I had returned from the Vets, I popped to No 8 to tell them she had been injured quite badly and the treatment she needed. Both Ms XXX and her Partner were at the door and I asked them why the dogs were out on their own and neither of them said a thing. Ms XXX then stated that she couldn’t understand why the dogs attacked as they were normally very good, however, Mr XXX then contradicted her and said that their dog (the male) had been more aggressive as the Brother’s dog had been in heat, which made him a lot more excitable. Neither of these dogs had been neutered.

 

I also asked my Son what happened as he was quite upset at witnessing the attack and he said ‘they came from nowhere and just started on Rosie’. I asked him if he saw anyone in the garden with the dogs and he said ‘no’.

 

Later that evening, Ms XXX came to my home to ask me not to notify the Police, as she didn’t want the dog taken away. I mentioned that I had already as I was advised, she then proceeded to tell me that if I called the police and dropped the complaint, her Partner, XXXX was going to get £250 to give to me towards the fees from a friend of theirs. She also asked for a copy of the Estimate bill, which I gave her at the time.

 

The following day I received a call from the Vets to say Rosie’s treatment had gone well the previous day, but she need observation, as had had a lot of Surgery. I told them I couldn’t afford to keep her in for long as they charged around £35 per night on top of treatment she received. They agreed that I could treat her at home, but I had to take her to my local Vet where Rosie is registered, to be checked regularly.

 

As I left home to collect Rosie, I bumped into Ms XXX and her Partner and stated I was collecting Rosie and I would pop a copy of the final bill when I came back, which I did.

 

To date I have not received any offer of payment towards the cost of treatment and since my LBA of May, I have been subjected to intimidation, harrassement and threats from Ms Phelan and her Partner as listed below. (I am then going to list all the dates of harrassment etc)

den3371:p

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I would ask the vet to give me a witness statement covering the extent of the injuries of the dogs, and I would consider taking a witness statement from my son, personally...

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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