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Parking issue with Neighbour, general advice RE: Letter before claim

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  • Parking issue with Neighbour, general advice RE: Letter before claim

    I own a bit of land that my neighbour is parking on and I've asked them to stop. They disagree with my interpretation of the title plan document but stopped communication with me when asked to support their position with evidence. Sent letter before action myself, stating trespass on land shown on title plan (included photo of their parked car), demanded that they stop trespass and gave 14 days for a response. Since I've had a response acknowledging letter and stating that they are 'gathering evidence'. What do I do now, since it is now 28 days after Letter before claim and they have not stated a date to expect a full response? They've had a reasonable amount of time to 'gathering evidence' so do I just file the claim at court? I think that I'll hire a solicitor for this bit, with the pandemic altering the proceedings it'll be easier I guess.
    Tags: None

  • #2
    What are you claiming? What damages/losses has it caused?

    You should be looking to obtain an injunction to stop the trespass.
    *

    Comment


    • #3
      Persisted trespass. There has been damage to land but not pursuing that, just injunction and expenses.

      Thank you for any advice. Just wondering what is reasonable when no response period specified in acknowledgement.

      Comment


      • #4
        Send letter with deadline of further 7 days

        Comment


        • #5
          Thank you, I'll try this route. They don't seem to have read the pre-action protocol so should I refer them to it (url) or include it in my letter?

          Comment


          • #6
            Won't hurt your case to refer them to preaction protocols

            Comment


            • #7
              Hi Des8, thank you for your advice.* The trespasser accepted the claim in full and stopped for a while but just recently has continued exactly as before parking on my land.* What is the procedure now?* I've taken a photo of the reoccurrence(s) of the same trespass but not sure what to do.

              Comment


              • #8
                either speak to him yet again or apply for the injunction and a costs order.
                The first option is easier!

                Comment

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