EA gave me & my Dan a ticket

CatmanDan (emmo Jnr) · Nov 1, 2008

Hi all, I went piking with my Dad today on the cut off channel at stoke ferry, not in the kings lynn club section and as we were packing up after a few hours fishing, we had a couple on gentleman approach us, first thing they said was "have you got a licence", "yes" we both replied, then as they were looking at them they said" do you know fishing is prohibited on the cut off channel due to the dangerous banks", what a load of tosh I said, Then the EA officials started reading us our rights as if we`d been nicked by the old bill, cause we were fishing an supposedly no fishing part of the cut off channel but where we parked the car to where we carried our fishing gear to the swim we both fished their was "NO" sign`s to say NO FISHING and when both the EA officials read us our rights and said any evidence you give us will be used if later be relied on in court, they said we should say there were no signs, which there wasn`t at all but my next answer is if they knew there wasn`t any signs to say no fishing then why did they give us a ticket BAST*$DS, as a verbal warning would have been ample. So I got a video on my mobile from where we fished to where we parked just to prove there are NO signs. To be honest I`m bloody "capital P" PIS*ED OFF and I will be making a complaint the EA whether I get a fine or not but we will receive a letter of the out come from the EA in the next couple of days. What do you all think of our situation? Only bonus was my Dad had a 10lb 8oz pike, good one Dad. Regards Dan. Tight lines to you all

Ray Daywalker Clarke · Nov 1, 2008

Just wait to see what the letter from the EA says.

Then reply to that, via a solicitor.

Contact the local council also and find out who should be putting up the signs.

Merv Harrison · Nov 1, 2008

CatmanDan,

Did you see identification ???

Do'es ticket look genuine ???

Did you video/phone them???

Was it a case of someone 'not' as clued up as you having their tackle confiscated.

Tee-Cee · Nov 1, 2008

How did you know they were EA officials-did they show any form of identification or give you names??

Did the water have clear signs up saying it was private or whatever(that you may have walked past)or were you'just taking a chance'and hoping to get a way with it??

Depends on what you receive from the EA,but be sure of your facts before you go to a solicitor-in factif I remember correctly you can talk to some solicitors(get a list from the Citizens Advice Bureau)for a set fee for a set amount of time-usually 15/30mins and they will give you some idea of how to proceed.

Might also be worth talking to the ACA??(if you are members)

Good luck anyway!!

Emmo (Angling Trust) · Nov 1, 2008

Hi all,

I can only say that what Dan has written is exactly correct.

Ther are NO signs to say "No fishing" or Private property, no Tee-Cee we were not just taking a chance and hoping to get away with it. Even the EA officials agreed with us and told us to say there were no signs. They also told us lots had been erected but people removed them.

There were dog walkers, one even throwing sticks into the water near to Dan so the dog entered the water to retrieve them. Point being if, as we were informed, it was the banks that were dangerous why aren't dog walkers similarly ticketed? There are also horse riders that use this area, I've seen them and the evidence is there for all to see!Is it noy dangerous for them as well?

Most disconcerting was that these guys were wearing Stab vests!

Dan lets just wait to see what the EA decide, might come to nothing. I agree with you that a verbal caution would have sufficed.

CatmanDan (emmo Jnr) · Nov 1, 2008

Hi Merv, I would be getting done for GBH if they would have tried to confiscate my fishing gear, though I guess fake officials are targeting fisherman trying to take their tackle.

Baz (Angel of the North) · Nov 1, 2008

The E.A. bailiffs Do Not confiscate fishing gear. They would only "sieze" it if they had to.

barry dix · Nov 1, 2008

I agree that the EA should do everything they can to stop illegal fishing but this sounds as if they were well over the top. If they are going to go about their duties in that sort of fashion then they risk losing the good-will of law abiding anglers.

Emmo (Angling Trust) · Nov 1, 2008

Absolutely agree Barry. Dan and I were happy to produce our licenses when asked and only after confirming they were in order we were informed that we in fact was fishing in a no fishing area.

My main criticism is the reason given was the banks being unsafe yet allowing dog walkers and horse riders access to the same area. Surely if unsafe for fishing its unsafe for all?

Steve Spiller · Nov 1, 2008

Emmo and Dan, I think you've got a water tight case and the pair of E.A officials you bumped into were complete muppets! Why did they nab you, then tell you to plea that there were no signs?

A while ago we fished the Gloucester canal, one bank was closed for the same reason you mention. Scaffolding and fences had been erected to stop anyone getting to the bank and that meant everyone, dog walkers, cyclists, joggers, and anglers. There was even a guy sat in a hut gaurding the fence!

Something sounds fishy about this? (excuse the pun) What were the E.A guys real motives for nabbing you? How bad were the banks? Maybe they are using you as an example so that the E.A will have to put up more signs?

Don't loose any sleep over it guys, as far as I can see they haven't got a case against you. Keep us informed of any developments.

Specihunter · Nov 1, 2008

I do find it funny how the EA baliffs are telling you how to handle the case . Maybe their hands and can't give verbal warnings because they aren't allowed to use COMMON SENSE. So they have to do this to get targets etc . Lets hope common sense does come through.

Wolfman Woody · Nov 1, 2008

It's a strange thing with the Law that even though a sign has been taken down or vandalised by someone, the sign still exists even though it cannot be seen.

How are you to know? You should ask someone, but how do you know who to ask and about what to ask? This is where the law is an ass!

Basically, the owners of the property, presumably in this case it's the EA or why would they make such a fuss, are duty bound to maintain all of their signage and (here is the clincher for you) -

IF IT INVOLVES PUBLIC SAFETY THEY ARE BEING NEGLECTFUL IN THEIR DUTIES TOWARDS THE PUBLIC IF THEY DON'T REPLACE DAMAGED OR MISSING SIGNS THAT WARN PEOPLE OF HAZARDS.

I doubt that anything will come of it anyway, but don't go to a solicitor, just write back and say you are considering reporting the incident to the Health & Safety Executive for dereliction of care in a hazardous area.

That should sort them out. Keep copies of your letter. Another point - if signs do get vandalised they should be replaced with signs that are vandalproof.

Don't lose any sleep.

Steve Spiller · Nov 1, 2008

"Duty of care" springs to mind Woody. If they get arsey, tell em you are considering sueing them for neglecting their duty of care to warn and protect the general public from dangerous banks.

What would happen if a mum was out for a stroll with her little toddler in a pushchair and the bank gave way! It don't bear thinking about what could happen and where were the signs???

Wolfman Woody · Nov 1, 2008

You can't sue them unless you're the victim of an accident that was deemed to be their fault.

However, dangerous areas that should be signed are regarded most severely by the HSE and they could be fined by them for being neglectful.

.

I'm put in mind of a case at my wife's previous company where youths had removed parts of a fence and climbed underneath. Whilst then throwing rocks at company buildings one slipped and killed himself in the fall. The company could not be held responsible for the kid falling, but were held responsible by HSE for not maintaining the fence that allowed the vandals to get in.

It is a duty of care as you say, Steve.

Winston Churchill · Nov 2, 2008

'I do find it funny how the EA baliffs are telling you how to handle the case . Maybe their hands are tied and they can't give verbal warnings because they aren't allowed to use COMMON SENSE. So they have to do this to get targets etc . Lets hope common sense does come through.'

It's a funny thing is 'common sense', you'd like to think EA bailiffs were like coppers and would use it before making a decision on any 'crime' they were dealing with. Unfortunately as I found out to my cost some of them are on a power trip and hide behind their powers to nail any unsuspecting angler guilty of the slightest misdemeanour. I got done ?300 quid, but on reflection I have to say it was money well spent for no other reason than to see the look of terror on the bailiffs face when I threatened to stove his ******* head in!

Good luck Cat'.

The bad one · Nov 2, 2008

So what was themisdemeanour that cost you £ 300 then Winston?

CatmanDan (emmo Jnr) · Nov 2, 2008

I would like to THANK everyone for their support and input with my dad & my situation, You all have raised some very valid points. I will phone the EA I think today and put my story of events to them instead of them seeing the 2 line discription as thats all you get on the ticket the EA issue to why we were fishing there. On the back of the ticket it only explain`s about fishing without a license and nothing near to our situation. I will definetly keep you all informed. Regards Dan

Dave German · Nov 2, 2008

Sounds like they were needing to meet their ticketing targets, no point in giving one to a dog walker/birder as they would just tear it up,no proof asof identity.they needed to prove who you were (see your licence) before they even thought about a ticket.

Mithrandir · Nov 2, 2008

Shame the EA were out chasing licenced anglers fishing within the rules, they could have been out trying to catch unlicensed anglers taking fish for the pot.

Ahh, I forgot, they might be a bit more difficult to prosecute, or might even be a bit more forceful in their resistance.

Maybe they could adopt the approach the police have, a remote camera to photograph anglers on an unsignposted "no fishing" zone, then send fines out by post, whilst they sit in the office writing reports.

Nice to see our fishing licence money is being spent wisely. Maybe the EA had it invested in an Icelandic bank and need some fine money to make wages.

( note, this is just a rant, not a considered opinion, and not meant to stir up the usual "flamers" /forum/smilies/wink_smiley.gif)

CatmanDan (emmo Jnr) · Nov 2, 2008

"nice to see our license money is being spent wisely" I always fish 3 rods which means I buy two rod licenses every year, so £50 not that well spent if we get EA officials like that. Its the first time I`ve fishing on the river this season too. Great

EA gave me & my Dan a ticket

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