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Re: One for the legal team?
Martin hi
Short answer is yes you can pursue the owners for the damage.
Take photos of the damage as evidence first and foremost.
next report it to the RSPCA and the police, they may be able to assist in tracing the owner. For the avoidance of doubt a criminal offence has been committed here. The law states, and I quote the Dangerous Dogs Act of 1991 c65
3.
(1) If a dog is dangerously out of control in a public place
(a) the owner; and
(b) if different, the person for the time being in charge of the dog,
is guilty of an offence,
or,
if the dog while so out of control injures any person, an aggravated offence, under this subsection.
(2) In proceedings for an offence under subsection (1) above against a person who is the owner of a dog but was not at the material time in charge of it, it shall be a defence for the accused to prove that the dog was at the material time in the charge of a person whom he reasonably believed to be a fit and proper person to be in charge of it.
(3) If the owner or, if different, the person for the time being in charge of a dog allows it to enter a place which is not a public place but where it is not permitted to be and while it is there
(a) it injures any person; or
(b) there are grounds for reasonable apprehension that it will do so,
he is guilty of an offence,
or,
if the dog injures any person, an aggravated offence, under this subsection.
(4) A person guilty of an offence under subsection (1) or (3) above other than an aggravated offence is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both; and a person guilty of an aggravated offence under either of those subsections is liable
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(5) It is hereby declared for the avoidance of doubt that an order on complaint that dog is dangerous and not kept under proper control
(a) may be made whether or not the dog is shown to have injured any person; and
(b) may specify the measures to be taken for keeping the dog under proper control, whether by muzzling, keeping on a lead, excluding it from specified places or otherwise.
The owners have a legal responsibility to ensure the dog is kept under control which they have failed to do. Thank god no children were about as the consequences could have been disasterous and it is specifically this scenario the law is aimed at protecting.
You will need to trace the owners to be able to pursue a claim and unfortunately the vet is not legally obliged to disclose this information so its going to be difficult.
If I were you, I would continue to contact the owners to see if they want to sensibly arrange to settle the matter amicably, if they dont, you have the law on your side.
I am presuming now you have home insurance, check your policy as you may well have legal assistance cover, most policies now include it. Talk to them for detailed advice on this.
Hope this helps my friend
Regards
Jackal
Re: Customer seeks help!
Hi again Washdoctor
Yes the lack of paperwork will be a factor for TS as unfortunately it will be her word against his, and TS will not pursue it on this basis alone. However, they will note the complaint on file and if other victims do the same, the body of evidence will become overwhelming and eventually TS will take action then.
If say four or five victims come forward in say over a six month period, the guy can expect a visit from them and an informal warning regarding future conduct. If he continues then TS will take the matter formally.
As for a refund, exceptionally unlike as TS have no powers to force this, the only way to do this is through the courts.
If the customer wants a bit of revenge, get her to report him to HM Revenue and Customs for diddling the VAT. They have much more power to crawl up his orrifice than TS do and to gain evidence will set up a sting operation if they have enough complaints to warrant it.
Regards all
Jackal
Re: Change of distributor
I Have to say my first delivery with the new people of 5 ISEs was exactly the same poor attitude as mentioned at the begin of this thread. Literally you want them off the truck you get them off the truck.
I had a word with David up at ISE to advise him.
Two days ago I had a further delivery of 10 and the driver couldnt have been more helpful if he tried. Completely different to the first driver.
The inconsistency appears to be at the final stage of delivery driver and thats going to be hard to manage, but its early days for HE with this contract and I am sure the you guys up at ISE will quitely have the approriate conversations with them and all will come right soon.
Regards all
Jackal
Re: Polo shirts
Cheers K
Just placed an order in the shop so we can see and judge the sizes.
What are the stock levels like, as I want to kit 8 guys out with them and they will need 4 or 5 each of the polo shirts and 2 fleeces each
Regards
Jackal
Re: Whirlpool K20 Ice Cube Maker
Thanks Ken
I will do it on Monday, the old one is still working but is struggling to cope when we are busy. We had a wedding function last weekend and it played up so time to buy a new one. Accordingly to the invoices I inherited when I bought the place, its nearly 15 years old!!
Thanks again
Jackal
Re: What we’ve got here…
If we want to represent the industry as a whole, we must ipso facto be inclusive of the industry as a whole. This includes, employeed engineers, manufacturers, spares suppliers, retailers and everyone else that can prove they are part of the industry.
I am sorry in advance to be basic and blunt about this but, the larger the membership of the association, the more likely our representation will be heard (and taken seriously) by those we need to convince to support our needs.
If we want a serious voice to be heard on matters such as regulation and WEEE (only an example) at government level, a membership of say 5000 members is more likely to be heard and listened too than a membership of 40ish like DASA.
We will have no chance on earth of gaining the support if we dont have membership so in my opinion restricting a very valuable and worthy section of our industry is quite abhorrent. Indeed these very people may well bring information, perspective and experience we lack so lets have them in I say.
Regards all
Jackal
😀
Re: 12 Good People
Ken if it becomes necessary I will add my name to the options available.
In all honesty though, it makes no difference to me if I am elected or not, I will still do everything I can to assist.
Regards
Jackal
