Neighbour from HELL

[des8]

Re: Neighbour from HELL

Regarding the photos:
The problem comes from my viewpoint that I am having the problem described by a third party (you!) and not the defendant.
It is clearly stated the claimant has not sent photos to defendant so whose photos did your brother view (which showed no contact between car and trampoline) and whose photos did you view (which showed possible contact)?defendant
To me your view and your brother's are possibly contradictory.


One other concern I have is the comment in the particulars of claim "an email back to me said there was no reason why it could not stay,although it was not tied down.".
Why would the council official write (if she did) the trampoline was not tied down, when your brother says it was?
Do you know when the inspection took place?
Could it be that the pegs were put in place following her visit?
Somewhere in this thread it was said the photos (which phots/) clearly showed the pegs.


As your brother is denying liability there is no point in arguing about minimising losses, but it might be worth adding to para 12 "and puts the claimant to strict proof"

[NoggerUK]

Re: Neighbour from HELL

I see your point des8.

The email referred to is part of the evidence we are missing and when speaking with the landlord is a downright lie as that was not stated.

I need the evidence pack which I hope will be furnished after we submit the defence.

[des8]

Re: Neighbour from HELL

There are a few stages to go through yet, but your brother will eventually receive a Notice of Allocation (to the small claims track in all probabiity) which will include "Directions".
The Directions deals with disclosure of documents.

You might find this link useful if court processes are new to you https://www.judiciary.gov.uk/wp-cont...+web+FINAL.pdf
You won't need to read it all so don't be put off by its length. Chose the bits applicable to your brother's case.

[NoggerUK]

Re: Neighbour from HELL

***UPDATE***

So Saturday morning I went to visit my brother to discuss the case and what I'm doing.
When I got out of my car I noticed the neighbor was on the public footpath outside my brothers house so I thought I'd approach him to try and open some dialogue, big mistake!! I found out first hand exactly how obnoxious this guy is, I behaved in a calm manner and tried to talk to him but he got more aggressive and assaulted me. 10 minutes or so after I'd made the 999 call I had a call from the police dispatcher who addressed me as my brother and asked if I was safe in my house, I of course told him that he was not dealing with my brother and that I was his brother, visiting to which the operator sounded surprised, he assured me that the police would attend within half an hour. 65 minutes after my first call to 999 the police arrived!! I'm not impressed with the way they have handled the assault, I was made to feel as if I had been the perpetrator or equally to blame with the neighbor.

When the police arrived I gave them a brief outline of what happened and the officer asked my brother if he had cctv, he told them no but if they went next door the neighbor would probably have his footage queued up ready for them, I told the officers that they had to watch the footage from the point where I walked down the street and started talking to the neighbor, they agreed to do that. The officers were in the neighbours house for a good 40 minutes before returning and informed me that they had viewed the entire incident a number of times and watched certain points in slow motion to read body language etc, it was there opinion that although I was "technically" assaulted first, I had struck the neighbor twice and I had to take some responsibility for not walking away and for trying to start the conversation in the first place, they then told me that if I wished to proceed we would both be investigated for assault and it would be up to the CPS to decide who would be prosecuted and they would use the officers opinion on the event as a deciding factor. Well being a person who has had no dealings with the police I felt shocked at this and was concerned that I may end up being prosecuted so I agreed to sign a statement that said "I will not proceed any further if the neighbor does not proceed", when I handed the officer his tablet back I told him that I may retract that statement if I wish and he said of course.

After a sleepless night on Saturday with all of the incident running through my mind over and over again and my injuries causing me severe pain I called the police back Sunday morning and told them I wish to make a full statement. The attending officer called me back in the early pm and again made it sound like I was at fault and CCTV footage from the neighbor had showed it, well I informed the officer I believe that my actions were non aggressive and I had in no way contributed to an escalation leading to the assault and wished to proceed. The officer then informed me that I would be subject to an investigation along with the neighbor. I told him that's fine as I have nothing to fear but he should ensure that a copy of the CCTV footage is secured as evidence and that I wanted the 999 call tape to be used as evidence as well, he asked why and I informed him that it is clear from the call that the assault was still continuing and I had said the neighbor had entered his property to get a weapon which he was trying to bring out to attack me with and I was advised to go into my brothers house immediately which of course I did. The officers parting words were "It was all crystal clear on the CCTV".

So now after a couple of days further reflection on this, I believe the police have some sort of flag on their system that indicates an ongoing neighborly dispute at my brothers address, this has resulted in the police not acting correctly when my brother makes a call of a serious nature regarding the neighbor because the neighbor has made so many nuisance calls. I have now downloaded an SAR form to submit to the police to try and obtain all records of calls and complaints they have logged, I am hoping they provide this info which I can use as evidence of an escalation on the neighbors part. I have also submitted an SAR to my brothers landlord requesting details of all complaints and how they have acted or resolved them.

Can anyone offer any advice on how I can proceed with getting the neighbor on a criminal charge of harassment? I am trying to get the local authority and landlord to act but I think that the criminal charge may be the one where we can obtain an arrest order if he continues.

Cheers guys,
Chris.

[wales01man]

Re: Neighbour from HELL

Who is submitting the SAR?
This has now gone to far please get some legal advice from a Solicitor before you try to get him arrested you may well be arrested and charged as well

[NoggerUK]

Re: Neighbour from HELL

I have downloaded the SAR for my brother to submit to the police, I cannot do it on his behalf.

I have also obtained authority from my brother to act on his behalf with the landlord so they are now dealing directly with me and are processing the information requested from them in the SAR submitted.

I have employed the services of a solicitor to act for me regarding any attempt to charge me for the assault on Saturday.

I know I did nothing wrong and totally agree that it has gone too far.

The neighbor has to be dealt with and I want every avenue covered to ensure we gain a harassment order against him.