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Fine shock for dog walker
Wednesday 28th May 2008, 11:44AM BST.
A pensioner who has walked his dog along the same route for decades has suddenly been fined £75 by a Black Country council warden and told it is illegal.
John Talbot, 71, has had to use half of his weekly pension to pay off the fine, which was imposed by Sandwell Council. He insists there are no signs to say dogs are not allowed.
Mr Talbot says he has used Smethwick’s Old Church Cemetery as part of his daily walk with a dog for the past 30 years.
But when council wardens issued him with the fine when he was walking his boxer dog Lady, he says he was given short shrift when he tried to explain.
“I’ve never been approached before, no-one’s ever said anything,” he said. “I talk to the vicar every Sunday when I walk through and he’s never told me anything either.
“Then all of a sudden I saw the two wardens come running up to me and they gave me the fine there and then.
“I can’t even appeal it apparently. Not without going to court anyway, and that’s far too expensive.”
At the adjacent Uplands Cemetery it is clearly signposted at the entrance that dogs are not allowed, but that is not followed through in Old Church, which is situated just off Rosefield Court, where Mr Talbot says the signs are nowhere in sight.
Sandwell’s cabinet member for safer communities, Councillor Derek Rowley, said: “The only restrictions concern schools, play areas, sports fields, cemeteries and memorial gardens, where dogs are not allowed.
“Everywhere else in parks they can roam without being on a lead unless a ranger feels they could be a danger in which case the owner will be asked to put them on a lead.
“There have been months of detailed consultations that have taken place before the new restrictions were brought in. It would be totally unfair to say the restrictions had been rushed through without people knowing.”
Mr Talbot added: “It just seems a bit petty really. I wasn’t causing any trouble, Lady wasn’t making a mess and no-one else who was around seemed to care. What’s the problem?”
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If the path is a public footpath then the council has no right to ban dogs from it. Sandwell Council can no more block Mr Talbot from taking his dog along a footpath than from taking it along any other public highway.
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I think it’s a good scheme to keep dogs from fouling public places like cemetaries but for goodness sake these council Zealots should only have warned the pensioner he would be fined if he did it again. Maybe they expected a pat on the head from there council superior when they reported their actions,
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Must be an old dog if he’s been walking it for decades.If he’s on such a low income he should’nt keep a dog as they cost money to feed every week and vets bills are expensive.The Council need all this fine money to subsidise the asylum seekers.It’s normally the motorist who pays so it makes a change to see them picking on others for a change.
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If the signs are nowhere in sight then surely the council have acted illegally in imposing the fine and are probably enforcing it to raise revenue as usual.
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Shame on you optimistic wolf! Mr Talbot may well have had his dog long before retirement, who are you to judge? A dog is a mans best friend not just another mouth to feed. Dog food doesn’t even come close to this fine and Sandwell Council should be ashamed of themselves levying such a fee without a verbal warning first. What is the world coming to?
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contrast this with the lead story about a hammer attack on the Coseley newsagent – No arrests are expected. Can anyone tell me what the hell is going on?
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bit harsh really, these wardens should be out fining these so called animal lovers who leave their dogs to mess up public playing fields. my son plays for a sunday team and every week the manager has to get his shovel from the car and pick up at least 2 lots of mess left by these people, even thou there are warning signs and bins provided… its not healthy, they wouldnt leave their dog mess their own garden and leave it for their kids to play around would they!!
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Yet another reason why Packed my bags and got out of the hell hole of the west Midlands.. I did go back Christmas to see my folks, streets strewn with litter, grey faces reflect a life of misery.Put these people in a uniform , give them a little authority and they turn into one of those regimented little monsters – the months of consultations say it all….
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It isn’t very respectful to take a dog into a churchyard anyway. Surely there are other places to take the dog for a walk. I have a dog and would never dream of taking into the cemetary.
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what does the dog say about it all ?
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I’m absolutely horrified at some the comments I’m reading. I thought of all places in this country those in the West Midlands were the most caring, shows how wrong I am today! As for the fine. As far as I’m aware, and in the absence of a sign, under English law you can’t be charged for what you don’t know, and this poor man shouldn’t have to pay a fine.
An easy target comes to mind. Had the dog been aggressive looking and led by a big bloke I doubt he’d have been stopped! The man charged was over 80 for Gods sake, what are we coming to!
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They are jumped up squat little wannabes probably paid minimum wage cos they carn’t get a proper job anywhere else poor Mr Talbot who at a guess fought for these individuals to give them a better life.
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This is outrageous behaviour on the councils part. If it were me and I was out peacfully walking my dog I would have refused point blank to accept any form of notice off them…Its an absolute outrage. If they had insisted I take the penalty notice I would have kicked one of em in the shins and said ‘Now do me for something worthwhile (gbh) you usless bunch of incompetent halfwits’
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Post 11.
Ignorance of the law is no excuse
in a court of law!
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I can not believe it!!
What a Country New Labour have made.
Another Stealth tax
I can’t see why anyone should be banned from walking there dog “anywhere” as long as it is on a lead and the owner picks up the dog mess
What’s happened to common sense????
John, get onto your MP to earn his wages and get your money back.
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12.. I would suggest they where doing what they are paid to do. Is someone who may be on the minimum wage beneath you. Would you prefer them to be on no wage and sponge off the state!!!!
13.. such a responsible attitude kick them in the shins and call them names!!!!!
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What’s wrong with a dog going into a cemetary? Most of these very old cemetary’s have really old graves and I bet they aren’t visited by living relatives. As long as the doggy doo is cleared up if left I can’t see the problem. He may have wanted to take his dog to visit his wife or something. I bet the dog’s more friendly and loving than most people, he’s probably the best friend that Mr Talbot’s got.
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Bewdley Wolf – good point. These wardens should be out protecting innocent members of the public like the shopkeeper who asked two people to stop drinking in his shop and got a severe beating for his trouble AND ‘no arrests are expected’, or the pensioners who can’t enjoy a quiet game of bowls without having to endure victimisation and vandalism. Words fail me. Seems everyone wants a pop at the soft targets and no one wants to deal with the ‘difficult stuff’.
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Shame on Sandwell Council, they would do better fining the layabouts that hang around the streets causing trouble. I cannot see anything disrespectful about taking a dog into a cemetary, I suppose the pc brigade would have banned ‘Greyfriars Bobby’ too!!!
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Ever noticed how the mutts that belong to the down-and-outs can stroll around our city centres without a lead and crap with impunity. I’ve yet to see any wardens descend upon them.
But then I guess there’s no money to be made in handing out tickets to hobos.
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I am disgusted by the treatment of John Talbot.As long as the dog dosent leave any mess I dont see the problem.Get a life Sandwell council
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Sallyann, are dogs not gods creatures ? it isn’t disrespectful, god made these creatures , they are probably less sinful than most of the people in the UK, why shouldn’t they go on Church property?
Dudley Bloke no good asking our MP’s for help, I complained to my local MP, when I had to pay my own legal costs of £25.000, after I won an unfair dismissal case, I proved in a court of law that I was a perfectly innocent victim but my local MP thought it was reasonable that I pay those costs to clear my name.
I always find it strange that Sandwell Council want to uphold the law at every opportunity, but when its convenient they want to totally ignore the law and also their obligations.
This is the council that completely ignored the democratic system and poured 70 million pound of taxpayers money down the drain on an ego boosting black box with wonky windows, just so our wonderful council leaders can say we built that, yes they did with our money.
This is the council that completely ignores the dirt and filth scattered along our pavements and roads, This is the council that completely ignores overflowing storm drains that force people to have to walk through 3 and 4 inches of water every time it rains.
This is the council that cant grit the side roads in the winter, even though they must know the danger of untreated roads.
One thing this council can do is to pay out expenses for our councillors, what they do for it I will never know.
Jim of Bearwood
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did anyone see this weeks metro paper these wardens get £30 per ticket they hand out. do the bin men get fined for leaving rubbish in the road i have seen wardens in oldbury area droping litter and useing mobile phone while driving
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