Harassment warning

[l1awrie]

E mail from Chief Inspector says he wants to arrange for the PC to come back and speak to me, told him I had no wish to speak to somebody so ignorant of the law on harassment and was prepared to issue a notice on hearsay.

[smokejumper]

What's your plan now

[l1awrie]

First a complaint to the IPCC then a letter from my solicitor to my neighbour asking for documentary proof of these 'parking rights' then put enough evidence together to apply for an injunction and also apply to have this notice cancelled.

[The Mould]

Before you undertake any legal action against thisneighbour; I would suggest that you write a brief letter to him setting out thefact that he does not hold any lawful right to obstruct your access to yourproperty at any time. Enclose a copy ofthe covenant which affects the land and draw his attention to the fact thatupon his purchasing of his property his conscience was bound to the same, thismeans that, as a matter of law, hemust comply with the same; enclose also a copy of the plan showing thedriveway/road in question which is the subject of the dispute that has arisen.

State to him that he holds no rights recognised under thecovenants or indeed English law that permits him to authorise the obstructionof the access to your property and that if he does not refrain from hiswrongdoing against you as a result of his fundamental breach of the covenantsthat he is bound by, then you will have no option but to commence enforcementproceedings of said covenants against him and if such action should becomenecessary, then, if he fails to comply with the Order of the Court, he may beheld in contempt of Court and may face imprisonment for such.

State that you will give him 14 days to get this matter inorder and advise him to seek professional independent legal advice as to hisposition regarding the said enforceable covenants which he is bound by, failingwhich, you will commence with legal action that will enforce him to comply withhis obligations thereunder without any further reference to him. State thatyour letter is served on him pursuant to s.3 of the Protection from HarassmentAct 1997 in the light of his clear and continued breach of said covenants whichyou believe to be designed to be vexatious and deliberate in order to get arise/a reaction from you to the same and designed to spoil yours and yourfamily’s private right to live in peace and enjoy living in your own home freefrom any nuisance and anti-social behaviour, regardless of any covenants, whichin this instance, provide your private households’ right with even greaterprotection from the course of conduct that he has pursued against you withoutjust cause or reason.

Further to the above, I would suggest that you have a professional sign made and placethe same on your property so that itis clearly visible to all visitors over the land in question.

For an exampleonly; your sign could read as follows:

PRIVATE ROAD, PRIVATEACCESS RIGHTS.

NO UNAUTHORISEDACCESS

OBSTRUCTION OF THISPRIVATE ROAD BY OWNERS OF VEHICLES WHO HAVE NOT OBTAINED AUTHORITY FROM THELAND OWNER OF THIS ROAD MAY RESULT IN ENFORCEABLE LEGAL ACTION BEING TAKEN,INCLUDING BUT NOT LIMITED TO, THE CLAMPING AND TOWING AWAY OF SUCH ILLEGALLYPARKED VEHICLES. ANY DELIVERIES TO No.(state No. or House No. of your neighbour) HAVE NOT BEEN AUTHORISED BY THE LANDOWNER OF THIS PRIVATE ROAD.

TRESPASSERS ON TOTHIS PRIVATE LAND, ENTER AT THEIR OWN RISK, THE LAND OWNER HEREOF DOES NOTACCEPT ANY LIABILITY FOR YOUR HEALTH AND SAFETY.

Kind regards

The Mould

[l1awrie]

The Mould that is great the only problem is I don't know whether I would be breaching the harassment notice by writing directly to him.

[The Mould]

The Mould that is great the only problem is I don't know whether I would be breaching the harassment notice by writing directly to him.

 

Thank you for your reply l1awrie

 

Can you please post up the harassment notice (minus all personal details).

 

Kind regards

 

The Mould

[l1awrie]

I didn't get one with any details on, that is what I have been asking for for the last four days,

since I told the Inspector that I was going to report the matter to IPCC it has gone quiet.

I don't know why I have never heard anyone have a good word for the IPCC

[Ganymede]

Mould, I didn't think you could put warning signs threatening clamping or towing on private land any more?

[The Mould]

You have the covenants and s.3 of protection from HarassmentAct 1997 on your side of this dispute, your neighbour has no law that he canrely upon as a Defence to your actions taken to uphold the covenants and thelaw of harassment. Unless that is, yourneighbour can prove that you are pursuing a course of conduct which you know,or ought to know, amounts to harassment of him; based upon the maters postedhere thus far, I believe that you have grounds to take action against your neighbour for seriousinfringements of your rights which are protected by said covenants.

How can I put this without offending anyone………….. I know the law which I post about here onCAG and my opinion on the particular law affecting this thread and the materialmatters & fact posted here on the same can be relied upon by the op.

Dear op, go to a solicitor who is experienced in this areaof law – restrictive covenants, and ask him for his professional advice andwhat you should do in accordance with the law, direct such solicitor to mycomments and request his professional opinion thereon.

I have first-hand experience of this particular and veryunpleasant area of law – covenants, andI dealt with three (3), that’s right, 3 neighbours who sought to make my family’slife a living hell, I enforced the covenants against them (without any help from a solicitor) and all 3so-called neighbours moved out!

Kind Regards

The Mould

[The Mould]

Mould, I didn't think you could put warning signs threatening clamping or towing on private land any more?

 

Thank you Gany for your reply, if that is the case, then op simply requires to omit the same from any sign he erects on his land.

 

Kind regards

 

The Mould

[l1awrie]

I have e mailed the chief inspector asking whether writing to my neighbour about his right to park claim breaches the harassment notice, he has not responded yet.

[The Mould]

I have e mailed the chief inspector asking whether writing to my neighbour about his right to park claim breaches the harassment notice, he has not responded yet.

 

 

 

1. 1 Not to use the Property nor allowor permit it to be used for

any purpose other than as a residential development and purposes

ancillary thereto and not to erect or permit to be occupied

thereon less than 105 dwelling units nor more than 115 dwelliing

units unless the local planning authority object in which case the

numbers of dwelling units shall be agreed between the parties

5. Not topermit or allow any visitors agents licensees or

employees of the Buyer to park their cars or other vehicles

anywhere other than on the Property nor to store any building

materials anywhere other than on the Property

“I have e mailed the chief inspector asking whether writing tomy neighbour about his right to park claim breaches the harassment notice, hehas not responded yet.”

Without delay, refer Chief Inspector to your lawfulrights of access under the restrictive covenants affecting the landon/surrounding property and that your neighbour’s alledged and groundless s.1 harassmentclaim under the 1997 Act is not recognised under English law in the light ofthese covenants, which said neighbour is lawfully bound by, and that you aretaking civil action against him for fundament mental breach of the same, andthat you have put him on notice of such.

Kindregards

TheMould

[l1awrie]

Many thanks The Mould you are a great help

[l1awrie]

Why is this thread no longer in the main forum

[unclebulgaria67]

Why is this thread no longer in the main forum

 

Same place as yesterday. Legal issues folder !

[citizenB]

Why is this thread no longer in the main forum

 

Not sure what you mean. It is exactly where it has been all along

[l1awrie]

I think a visit to spec savers is required. thanks

[The Mould]

I think a visit to spec savers is required. thanks

 

Yes and get their two for one deal:lol:

How many occasions did your neighbour call the police about the alleged "course of conduct pursued by you against him", before the police served the harassment notice on you?

 

I note that you have said that you do indeed ignore this neighbour and his behaviour, which is clearly designed to get a reaction from you, well done, continue to ignore any such behaviour. You have a right to take photographs of any vehicles obstructing your private rights of access ( see - s.3 Harassment Act 1997) the Court will require you to produce evidence of your neighbour's course of conduct that he is pursuing against you and s.3 of said 1997 Act provides you with a lawful right to obtain such evidence. (have a proper read of the Protection from Harassment Act 1997).

 

If neighbour, or any associates of his, taunt you in any way, call police 999 in order to make sure such anti social and harassment behaviour is recorded on police files.

 

As regards the courier Co's parking on your private land and obstructing your private access rights, simply send a brief letter (Special Delivery) to the CEO of such companies enclosing a copy of said covenants and that the land that their vehicles are entering onto and obstructing, actually is owned by you and that you have not provided the required expressed consent for them to enter onto and obstruct the same, therefore, you request that they respect your private property, do not obstruct the same, failing which, you will take legal action against them and obtain a Court Order which will prevent them from any further unlawful entry onto your land and seek costs against them for having to take such action, and in the event of them failing to comply with such Court Order (if the Order should become necessary) then they may be held in contempt of Court and face fines and/or imprisonment.

 

By the way, please post up the harassment notice served on you by the police - minus personal details.

 

Kind regards

 

The Mould

[l1awrie]

Hello The Mould

 

As far as I am aware the neighbour called the police once.

 

Re courier companies, in each case where I have written to their CEOs with proof of boundaries etc I have received nothing but help and apologies.

 

One courier company advised that my neighbour had been into their office and signed a declaration stating that he had parking rights on my property.

 

I haven't got the harassment notice I tore it up when the police tried to give it to me, sorry they made me so angry.

 

Following the complaint to the Chief of Police it was sent down through various levels back to the PC who issued the notice, to arrange to speak to me.

 

I have advised The Chief of Police and all officers involved that I will not speak to the PC again and am surprised that in an organization of this size there appeared nobody competent enough to deal and answer any questions regarding my complaint.

 

I don't expect to get a response until Tuesday.

 

Many thanks The Mould for the advice and information you are giving.

[l1awrie]

Police turned up this afternoon, one of the officers being the one who served the harassment notice, despite my telling the police I would not speak to her.

So both were promptly shown the door.

They then went to visit my neighbour who was out, maybe the decided they should check the validity of his claims about the right to park on my property.

I am now just completing my complaint to the IPCC who I don't have any faith in but do so to follow procedures and have a complaint on record elsewhere.

[Ganymede]

I know you said you ripped up the notice but can you remember exactly what the heading was on the piece of paper given to you or what it said?

[The Mould]

Police turned up this afternoon, one of the officers being the one who served the harassment notice, despite my telling the police I would not speak to her.

So both were promptly shown the door.

They then went to visit my neighbour who was out, maybe the decided they should check the validity of his claims about the right to park on my property.

I am now just completing my complaint to the IPCC who I don't have any faith in but do so to follow procedures and have a complaint on record elsewhere.

 

Can you also instruct a solicitor to send a letter to your neighbour as regards his obligations under the covenants?

 

Kind regards

 

The Mould

[l1awrie]

I have sent solicitors letters and he just ignores them.

 

The police sneakily left a photo copy of the harassment notice in my hall. I am trying to copy it to this site but not having much success.

[l1awrie]

I have scanned the notice into open office but have no idea how to copy it to here.

[honeybee13]

I have scanned the notice into open office but have no idea how to copy it to here.

 

Hello there.

 

I expect someone will know what to do. If you do scan it up, please remove any personal details. Or if it's not too long, you could type out what is on the notice.

 

My best, HB