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Old 05-03-11, 10:41 PM   #1
Feuer Frei!
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Default Arrested for feeding.......

Pigeons!
Yep, you read it correctly.

A mother and daughter are planning to sue the police after they were locked up for seven hours for feeding pigeons.
Neighbours had complained that the birds were blighting their lives, as hundreds flocked to feed from Monica and Janet McIntosh's garden in High Harrington, Cumbria.
The residents claimed they were unable to go outside and that the sky would become black as the pigeons descended.
They were also concerned that the birds might have attracted rats to the area and so reported the couple to the police.
The McIntoshes were arrested on suspicion of a public nuisance offence, taken to Workington police station and locked up.
Police seized house keys, bank statements and cheque books.
The pair were placed on bail while the Crown Prosecution Service conducted an investigation and four lawyers were brought in to look at the case.
Last month, they were told there was no case to answer and the investigation was handed to Allerdale Council's environmental health team.
The council has also said it can take no action.
Mrs McIntosh, 76, said she and her daughter, 46, felt let down by the way police had handled their neighbours' complaints.
Officers had telephoned the pair to inform them of the complaints and said they would visit to talk to them about it.
They were shocked, however, when a police car and a police van turned up and four officers knocked on the door then arrested them inside their home.
Mrs McIntosh said that after they were arrested, an officer demanded keys to their house, which was searched while they were put into the van and taken to Workington police station.
There they were put in separate rooms, interviewed and locked in separate cells.
After being bailed they faced a wait to find out whether they would face charges, until they were told of the CPS decision.
Mrs McIntosh said: "This is absolutely ludicrous.
"It's been extremely traumatic and the fact that they have searched through our personal belongings has left us feeling violated.
"We just feel totally let down."
The pair contacted Forbes Solicitors in Preston in the days after their arrest and solicitor David Mayor, who is handling their case, said: "The time taken to investigate, interview and potentially prosecute these two over the overfeeding of birds is the biggest waste of police time and money when other people could have been contacted to sort out the problem.
"I'm surprised that the police have been involved at all."
The matter could have been resolved by officers talking to the pair, he said.
Forbes sent notice to Cumbria Constabulary in February that the mother and daughter intended to sue and the constabulary has until June 1 to accept liability or present a case defending the officers' actions.
If the police accept liability, an out of court damages settlement could be
reached, but Mr Mayor said that if they denied liability or a suitable settlement could not be agreed, the matter would go to court.
A police spokesman said the force was continuing to investigate the incidents with partner agencies.
He added: "Cumbria Constabulary has received a letter from the legal representatives of two residents and in accordance with pre-action protocol for civil litigation they are looking into this matter."



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Old 05-03-11, 10:53 PM   #2
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Note to self: Don't feed birds in Cumbria.
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Old 05-04-11, 12:59 AM   #3
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Quote:
Originally Posted by Feuer Frei! View Post
The matter could have been resolved by officers talking to the pair, he said.
Absolutely... Arresting them is just way over the top. It could have, and should have, been handled better.

That being said, no one wants their community inundated with bird droppings, particularly if you have to clean it up. If the McIntosh's were overfeeding, (which seems likely if they were attracting 'hundreds' of birds), then there is a legitimate public nuisance that needs to be addressed.
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Old 05-04-11, 05:34 AM   #4
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I don't see the reason why they had to be locked up. This was not a drug bust where they could have destroyed evidence. They were feeding the birds.

Unless there is more to the case than was reported (say it ain't so Joe!) I would agree that the police went too far.

I would be interested in hearing the police side and their justification for their actions.
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Old 05-04-11, 07:11 AM   #5
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Note to self: Don't feed birds in Cumbria.
Better known in the UK as 'Dumbria'
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Old 05-04-11, 07:24 AM   #6
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Better known in the UK as 'Dumbria'
I guess that explains the gorgeous lakes and peaks. Emphasize the beauty, not the brains.
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Old 05-04-11, 07:31 AM   #7
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Step away from the pigeons!



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Old 05-04-11, 07:45 AM   #8
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I guess that explains the gorgeous lakes and peaks. Emphasize the beauty, not the brains.
Something along those lines but I might be biaised so best ask a Dumbrian
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Old 05-04-11, 09:13 AM   #9
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Nothing new there, its happen before.....
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Old 05-04-11, 10:43 AM   #10
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Nothing new there, its happen before.....
No, last time it hit the news was because people carried on throwing out food after the council had told them to stop due to all the complaints.
The police got it backwards this time, the police should have forwarded all the complaints to the council who would then get environmental health to get an order and then the police should only go in once the people broke the order.
There was a similar one in the States recently where the residents got an order on one of their neighbours because the sheer amount of bird---- was damaging their homes
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Old 05-04-11, 10:47 AM   #11
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Not sure what the options are when you attract rats with wings. They are very destructive, they play havoc with HVAC equipment as well. I used to have to pay a guy to come and eliminate the damn things from my office roof cause they were fouling the HVAC and some of our exhaust systems (air scrubbing for work benches).

I suppose ticketing might be the normal way, but it might depend on what laws are on the books, and if fines are established.
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Old 05-04-11, 10:56 AM   #12
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they play havoc with HVAC equipment as well
Bird---- can be fatal, but I don't think many residences in Cumbria would use air conditioning.
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Old 05-04-11, 11:01 AM   #13
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Bird---- can be fatal, but I don't think many residences in Cumbria would use air conditioning.
True, but commercial buildings would still have rooftop systems for heat, no? Least modern construction. Also, office buildings use AC even in winter often times (glass makes for a large heat load during daylight, even when chilly out—the atrium in my house will be 90° when it's freezing outside by noon (least near the ceiling)).

Regardless, the damn things are a health hazard.
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Old 05-04-11, 11:27 AM   #14
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In my hometown (being a supposed seaside resort) we havew a lot of seagulls and they regularly swoop down on folk eating foodstuffs on the promenade and town centre.

After sufficient complkaints are registered the local authority will on occasion carry out a cull but there are strict guidlines that need to be adhered to.

I sometimes think the seagull (or sh!tehawk as it is commonly known as) gets a raw deal at times.
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Old 05-04-11, 11:42 AM   #15
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I sometimes think the seagull (or sh!tehawk as it is commonly known as) gets a raw deal at times.
That is definately one for the local environmental health authority.
If these swooping seagulls are pinching food it should be thoroughly cooked not raw, that food might end up in a human if they are quick.
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