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

[rugal]

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.

[des8]

What are you claiming? What damages/losses has it caused?

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

[rugal]

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.

[des8]

Send letter with deadline of further 7 days

[rugal]

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?

[des8]

Won't hurt your case to refer them to preaction protocols

[rugal]

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.

[des8]

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

[rugal]

I am resurrecting a post from the dead! I spoke to the trespassing neighbour and they stopped for a few months (refused to put anything in writing) but they relapsed and have been trespassing again for over two years. I tried putting in measures such as posts and parking enforcement to prevent parking but they were ineffective due to vandalism/removal. It is a saga when people look at the obvious land registry deed and just say they don't agree with the land registry.

So I sent the Letter Before Action 4 years ago, and the only response was their personal opinion. In the meantime, as money allowed we've tried posts/parking tickets in an attempt to avoid taking up Court time. Sadly, submitting papers to Court is looking like the only solution so where do I go from here? Do I refer to the previous LBA and give 2 weeks for their proper response or do I reissue the same LBA with a new date starting afresh?

Thank you for any advice (and hopefully sympathy!).

[islandgirl]

I think better parking prevention posts (!) and a camera to watch for damage which is a criminal matter would be my preference. Court is going to be expensive and take up all your time and energy...the simple solution is ofter the best.

[rugal]

I think better parking prevention posts (!) and a camera to watch for damage which is a criminal matter would be my preference. Court is going to be expensive and take up all your time and energy...the simple solution is ofter the best.

Tell the police that... Turns out they are not interested if the person covers their face. They even said it was a civil matter at one point. If I put more expensive posts in they'll be removed, I'll not see them again and be frittering money away without the issue ever being resolved. I think the trespasser has something wrong with them and is enjoying being a pain. I did have a prospective house buyer ask about the car, and they lost interest when it was not mine. It feels like the ongoing saga is more hassle than not dealing with it. We'll see how it goes but not for much longer.

[des8]

You mention trying Parking Tickets& parking enforcement.... what measures were these?

[islandgirl]

Tell the police that... Turns out they are not interested if the person covers their face. They even said it was a civil matter at one point. If I put more expensive posts in they'll be removed, I'll not see them again and be frittering money away without the issue ever being resolved. I think the trespasser has something wrong with them and is enjoying being a pain. I did have a prospective house buyer ask about the car, and they lost interest when it was not mine. It feels like the ongoing saga is more hassle than not dealing with it. We'll see how it goes but not for much longer.

So if you get an injunction and they break it what happens next? My vote is still for metal and concrete!

[des8]

Re your parking notices.... have you tried charging for parking in the manner of parking companies?