Police Harassment Order.

[lawrie]

Hope I placed this in the right area

Last September the police served me with an harassment order, this was because I told my neighbour to get off of my property. I told the police that the only rights my neighbour had was a right of way over my drive, the police said the neighbour had told them that he had a right to park on my property, did not ask him for proof, I was told that I would be arrested if I didn't let him park on my property.
Read up on the harassment act and sent in a complaint with copies of all legal documents, the police upheld the order I sent an appeal which they turned down, this has taken nearly a year.


Now I have been informed by the IPCC that they are the people who should have been dealing with my complaint and not the local police and that I would get a response withing eighteen weeks.

Has anybody any understanding of the harassment act because the way I read it this act does not over rule the covenants attached to mine or my neighbours property.

[des8]

Re: Police Harassment Order.

My understanding is that the matter of rights over the property is a civil matter that you may have to resolve through yhe courts.
The matter of harassment is separate. It may or may not be that your neighbour has rights on the disputed land, but if he felt you had caused him alarm, distress,or harassment on more than one occasion then regardless of your intentions that is regarded as harassment.
It is similar to the new "dangerous dogs act", where if a person is alarmed by a dog and worried it might injure them that dog is deemed dangerously out of control.

[DXNewcastle]

Re: Police Harassment Order.

I'm puzzled by this assertion:

I was told that I would be arrested if I didn't let him park on my property.

We don't know what arrestable offence might have been alleged. Reason to believe that a Public Order Offence would be likely? Obstruction (on private land)? etc, etc?
Now, if Harassment was the alleged offence, then we must assume that there is some evidential basis for issuing an Order. It would be helpful to have an explaination of what that Evidence is when seeking advice.

However, I can confirm that Harassment, where the Evidence is adequately persuasive, will apply, and can be prosecuted, irregardless of a Covenant on the land. What we have to accept is that principles which protect us and our assets do not give us immunity to our exposure to criminal prosecution when we satisfy the conditions of criminal offences.

There will be other factors which determine the outcome, but I just wanted to put in this cautionary note before you become committed to pursuing this matter,

[lawrie]

Re: Police Harassment Order.

Thanks for your responses
All I have asked this neighbour to do is keep off of my land, he has a right of way over my property but no right to park, His covenants state that parking must be on his land. The problem is he runs a business from his property, a breach of covenants, and the delivery vans park on my property so I can neither leave or access my property.

This neighbour also signed some document with one of the companies confirming the he had a legal right to park on my property so vans would be alright to park on my property, he told the police that one of the companies had taken me to court and won the right to park on my property, not true.
The police did not ask neighbour for any proof of his rights or documents relating to any court case.
I was also told by the police that if I stopped anybody form parking on my property or took photographs of anybody parked on my property I would be arrested.

[des8]

Re: Police Harassment Order.

You have been given an harassment warning by the police, an all-too-convenient option for the, as they require little or no investigation and can be dealt with quickly and cheaply and they have no awkward rights of appeal attached. You must be careful how you approach this character now, as another complaint could result in your arrest
As I said earlier your resolution is to take action through the civil courts. This would be by obtaining an injunction to stop him parking on your land and an order for him to revoke the permission he gave to others to park there.
He lacks easement and hence lacks rights and there is no acquisition of any right by prescription.
It is either common law trespass and / or nuisance.
You need to give him notice first to stop parking and to remove the permission he gave to others or he risks court proceedings.
If he doesn't cease, you need to make an application to court with a draft order (injunction) attached compelling him to stop parking etc.
The notice must be attached to the application and it should have supporting statement and copy of the actual easement (the right in the deeds).
If you don't give notice of intention to apply to court, the application will be thrown out.

In view of the police involvement it might well be worth involving a solicitor, at least to write the initial letter.
If it goes to court you may be awarded costs, and the warning letter to your neighbour should mention this.

[lawrie]

Re: Police Harassment Order.

Thanks Des8 for the information, quiet frightening that you can be accused of harassment with no right to appeal. This neighbour made this claim a day after he sold his house.

Where does the Human Rights act regarding the enjoyment of your home stand with this.