Harassment warning

[l1awrie]

Thanks all for your input, help might be at hand I have spoken to my insurers with whom I have legal insurance cover with.

 

Told them that the neighbour had visited the offices of one of the courier companies and signed a declaration stating that he had parking rights on my property, the courier company advised me of this, and they are sending me a claim form.

 

So hopefully this might see the end of the problem.

 

Although after seven years of this sort of behaviour he will most probably try something else.

[The Mould]

If his declaration with these courier Co.’s contravenes thecovenvenants affecting the land upon which his property is situate, then suchdeclaration is not valid. Request a copy of this declaration made by yourneighbour from these third party couriers Co’s by way of voluntary disclosureand state that if they are not willing to comply then you will make anapplication to the Court under CPR Pt. 31.17 for the same and seek your costs againstthem if such action should become necessary, which you sincerely hope will not.

Further, if he is indeed operating a professional business/providinga professional service as providedunder the prescribed the language of thecovenants from his residential premises,(if any such provision is made thereunder), then you cannot challengethe same.

If no such provisions are imposed under the covenants, thenyou have the law fully on your side, not only under the enforceable covenants,to which your neighbour’s (and indeed all residents upon this land) conscience is bound, but also under the enforcement powers of yourlocal authority, which would require an application for such business use ofany such residential property and of course their written approval of such.

Keep us informed and use the law to protect your householdfrom this nuisance, slowly does it, but you will prevail and succeed. Please do not breach the harassment noticeserved upon you by the inept police.

Kind regards

The Mould

[l1awrie]

Thanks The Mould as usual very informative and helpful.

 

Will keep you up todate with what ever happens.

[Ganymede]

Be careful with an application for disclosure under CPR 31.17 as the usual position is that you pay the other side's legal fees and costs of complying with the application.

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

[l1awrie]

Strange that since neighbours claim to the police there has not been one courier van on my property, which is nearly two weeks.

Strongly suspect that somebody might have told him the trouble he could be in with his false claims.

[smokejumper]

Thats promising, most of the time the police don't take sides and they may have also had stern words with him.

 

If thats the case and things improve, then although its hard, I would be inclined to slowly make the peace, just start with greeting him good morning etc.

 

I appreciate he's in the wrong, but you can be the bigger man and at least try, even accepting a parcel if he's out. In the end he will probably start thinking you aren't as bad as He thought and you will get on.

 

I hope it all turns out, life is bad enough with out all the troubles we cause ourselves .

 

You can still smile and know inside that he's a tos~~er just don't remind him.

 

Strange that since neighbours claim to the police there has not been one courier van on my property, which is nearly two weeks.

Strongly suspect that somebody might have told him the trouble he could be in with his false claims.

[l1awrie]

Smokejumper I don't think it is case of the police taking sides, its more like covering their own backs.

 

Sadly things have been so bad over the last seven years there is no way I could entertain any contact at all with this man.

 

The tone of my posts have given the wrong impression I am a female, a fact I think this man relied on when he started all this trouble, not expecting me to come back at him.

 

regards

[The Mould]

Smokejumper I don't think it is case of the police taking sides, its more like covering their own backs.

 

Sadly things have been so bad over the last seven years there is no way I could entertain any contact at all with this man.

 

The tone of my posts have given the wrong impression I am a female, a fact I think this man relied on when he started all this trouble, not expecting me to come back at him.

 

regards

 

The tone of your posts have most certainly not given out any adverse impression as regards your character/persona my dear fellow. It is my considered opinion that your posts here have shown that you have been wronged by another over a long period of time and that you are no longer willing to suffer such and that the wrongdoer (your neighbour - for want of a better word, I know, a person who happens to live in the same street as you) has contacted the police in the light of your rightful and lawful protest against him and that he has held the police under the impression that it is the case that he is the victim in this matter!

 

Hold out, for all the help you need is right here on CAG.

 

Kind regards

 

The Mould

[smokejumper]

I'm sorry you think it's to late to try and live with this man peacefully.

 

I've lived in a place where the neighbours annoyed me and it does take over your life, but then I am a recluse and avoid as much social contact as I can ( I get upset and sort things out my way and get into trouble).

 

Also sorry to think you were a man, obviously my sexist side showed me up, I am impressed with your strength and spirit.

[l1awrie]

Many thanks The Mould and Smokejumper you have helped me stay strong.

 

Letter and information has gone off to the insurers so its just a matter of waiting to see if they will take the case on.

[smokejumper]

fingers crossed

[l1awrie]

Big courier can parked on and blocking my drive, delivering to neighbour.

 

Sent e mail to courier company saying I would bring an action for trespass if they came onto my property again.

 

E mailed the police told them what I had done and said I assumed they would now get proof from my neighbour of his rights before they came to arrest me.

 

Let you know what happens

[smokejumper]

Was this a courier company that you had already spoken to?

[l1awrie]

Yes I had written to them a while back, before neighbour made his claims.

 

Just had his friend, the one that threatened me, walking up the drive glaring at the cctv.

[smokejumper]

He's tough ;-)

[l1awrie]

Just had a nice visit from neighbours father threatening me with violence because two years ago, after he and his wife were shouting abuse in front of my cctv, I called him a poisoned dwarf.

Called the police who say they can do nothing because 1 he will deny it and 2 he never touched me.

Waiting to hear from my solicitors.

Still contacting anybody parking on my property threatening them with an action for trespass if they park on my property again.

Copies of any contacts I have made have been sent to the police.

[Sare Heid]

I would be surprised if they cant do anything based on their knowledge of this long standing dispute.

 

If you've made a complaint because you felt in fear for your safety, I would have thought they are obliged to investigate. it would be worth a follow up call requesting an explanation of what action they have taken.

 

You should not have to endure threats of violence or intimidation from your neighbours friends , family or associates, especially if you were on your own property going about your own business at the time.

 

The Protection from Harassment Act is intended to provide protection to harassed individuals such as yourself in such instances.

 

Keep your spirits up.

[smokejumper]

Surely your CCTV should show they approached you and they would need to explain why. I think another call to the police is in order.

 

Why is he bringing this up again after 2 yrs and although he didn't touch you, I'm sure you were intimidated.

[The Mould]

Just had a nice visit from neighbours father threatening me with violence because two years ago, after he and his wife were shouting abuse in front of my cctv, I called him a poisoned dwarf.

Called the police who say they can do nothing because 1 he will deny it and 2 he never touched me.

Waiting to hear from my solicitors.

Still contacting anybody parking on my property threatening them with an action for trespass if they park on my property again.

Copies of any contacts I have made have been sent to the police.

 

This is harassment!! - the police are failing you! Given the information posted here thus far, there should be a record on police files regarding the same!

 

You need to invoke the covenants by way of injunction through County Court relying upon the same and your neighbour's continued breach of the same, further, you need to make the Court aware of your calls to the police against this neighbour's actions and further report to the Court that you consider his actions to be a wrong committed against you under the tort Intentional Infliction of Emotional Distress. The fact that your neighbour's actions have taken place over a protracted period of time in contravention of the covenants, the Haraasment Act 1997 and the English tort of Intentional Infliction of Emotional Distress now require an injunction to be Ordered against him to refrain from obstructing your private rights of access over your land at any time which he is continuing to disregard.

 

You must take legal civil action now!

 

Kind regards

 

The Mould

[l1awrie]

Thanks for your responses, I have an appointment with my solicitor on 26 September and intend to apply for an injunction.

I am waiting for the police to call me back re their visit to neighbours father.

[The Mould]

Thanks for your responses, I have an appointment with my solicitor on 26 September and intend to apply for an injunction.

I am waiting for the police to call me back re their visit to neighbours father.

 

Good stuff,

 

You have the legally binding covenants, the Harassment Act 1997 and the English Tort Intentional Infliction of Emotional Distress all on your side. Stand firm on the same!

 

Kind regards

 

The Mould

[l1awrie]

I have just telephoned the police for an update and they have done nothing about the incident.

[smokejumper]

Something to lighten your mood, a little bit of humour for you as this reminded me of a joke.( not saying your situation is in anyway a joke).

 

A man hears a noise in his garden and looks outside to see two burglars breaking into his shed.

 

The man rings the police and tells them if they come round now, they will catch the burglars in the act, the police say they are too busy at the moment , short staffed and will send someone round when they can.

 

The burglars remain and are emptying his shed into a van, this is going on for a few hours and the man has rang the police three times and gets the same story.

 

The man then rings the police again and tells them that they don't need to hurry any more as the man has shot the burglars.

 

Within 2 mins 6 police cars, a van full of police officers and a helicopter arrive.

 

The burglars are still emptying the shed and a senior police officer say's to the man " I thought you said you had shot them" and in return the man say's " I thought you said you were short staffed and couldn't send any one round"

 

Boom, Boom ;-)

[l1awrie]

Great thanks smokejumper enjoyed that one.