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alleged dog barking...unfounded


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I have a big problem with a very unpleasant neighbour, he is a parish councillor, I have spoken to my MP about him, and he has said "he is nothing more than a busybody and a notorious troublemaker having moved from another nearby area and done it there for 18 years!!!"., and to keep him informed., whilst he makes discreet enquireis.

 

Background is, he moved around here fairly recently, then instantly began complaining about a barking dog, as there are 12 in the near proximity, it could not be proved whose it was and also it was never prolonged or without reason, ie bin man, mailman, kids tormenting, firework abuse. he had been adamant it was my dog (never said it to my face I have never met him) I initially got a letter from the council warning of a £5,000 fine, but then the council did several spot checks and found no nuisance, and also one day found it was only a visiting dog that they heard, which was barking for 15 minutes intermitently. Someone had fetched it to their nanna's nearby on a visit. The council closed the case. But warned me that as he is a known troublecauser not to be suprised if he tries to continue it through a civil court.

 

I am flabbergasted. Does he have preference as he is a parish councillor? special privileges? as far as I am concerned there is no problem, the case is closed, there has been no proof. There never will be. I believe he has an exaggerated idea of his own importance. But could this actually go through a court although the allegations are false? i am thinking all these people 'pee in the same pot'. councillors magistrates, etc....

 

I am keeping daily diary entries of who makes what noise in the surrounding street, but it is rather a time consuming nuisance, and he seems to not be happy til he's got some kind of victory though quite how I don't know. Any advice appreciated. Or anybody had a similar dilema? Also is he breaching his 'position' of parish councillor, does he have powers to do this? and is he being given preferential treatment without having any evidence?

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"Does he have preference as he is a parish councillor?" No

 

"special privileges?" No

 

"as far as I am concerned there is no problem, the case is closed, there has been no proof." - The case has been closed by the Council. What they have warned you about is that he might not be satisfied with that and try to continue it through other non Council related means. He can do this and it is nothing to do with him being a Councillor.

 

"But could this actually go through a court although the allegations are false?" Yes, cases do not have to be proved correct before they go to Court. If so, there would be no need to have a Court case. If a case was brought the Judge would hear evidence/information from both sides and then make a decision. From the information you have posted here he wouldn't win.

 

"Also is he breaching his 'position' of parish councillor, does he have powers to do this?" Making a complaint about personally suffering from nuisance is something that anyone can do. It's nothing to do with his position as Councillor and there is nothing in your post about what he has done that couldn't be done by anyone else.

 

"is he being given preferential treatment without having any evidence?" No, he made a complaint, the complaint was investigated and as no nuisance has been found no futher action will be taken. If anyone else had made the complaint it would be the same system.

 

I work in Council housing and have acted as witness in a few cases now where a tenant (or ex tenant) has sued the Council and in which it has been shown that the person has lied or falsified/fraudulently amended documents or have simply been brought about for a frivolous reason and which they would never win.

 

We always have a very small amount of tenants who (over and over again) will make official complaints, go to the Ombudsman, threaten to sue, have letters from law firms sent or even actually sue over issues that they could never win over and in some cases have nothing to do with the Council. Some of these issues have been pollution from traffic on the local high street and noise from the local railway line.

 

HMCS has a list of vexatious litigants. These are people who have filed so many frivolous claims or have tried to use the legal system as a way of harassing a person or organisation and who now have limitations placed on them like not being able to bring a civil claim without special premission.

 

The thing to remember is he has not actually brought a case against you nor has he taken any sort of further action that you know about and just because other people have warned you that he may does not mean he will. Your Council should have a publicised Members Code of Conduct. Take a look at this and if he ever breaks this you should contact the Council so they can investigate.

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many thanks for taking the time to reply, Aviva, much appreciated,, it has this morning, come to my attention that he is indeed 'acting' on behalf of a neighbour who is a serial complainer and the council have him down as such, he got no joy conplaining about a few things, overhanging brambles, ducks quacking, you know the sort......oh and taking round a petition to stop the farmer using manure on his fields...:lol:yes, really....

 

Your reply was very informative, thanks for that.

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I feel for you.

I had a similar experience a few years ago. My neighbour worked for the council! Everyday i had a barrage of complaints on my doorstep, my child was noisy (she was 10 an only child and out at school) or my dog was barking all day, but the other side neighbours never heard anything!

 

I was threatned with an asbo. Yet in every property i have ever lived and have lived in since, i have never had any complaints

 

I think they have an illness and if you are unfortunate to land next to them it makes your life hell!.

 

Personally i wish i had turned the tables on them and pushed for harrassment.

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quite shocking really. should any government employee not be acting with a professional conduct you should make a written complaint. dont bother with phone calls you need a writen evidence. Elected officers are espicially bound by code of conduct as they are representatives of the people. dont accept bad behaviour, make your complaints heard.

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Thanks for support pammij, what an awful experience....yes the 'parish councillor' I have near me is **** of the earth....with nothing to do in their life other than create problems for people...

 

I have already said to the council "at what stage does this whole ridiculous complaint become harrassment, with me as the victim"?...oddly enough they can give no reply..funny that isn't it...

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You can always make a complaint to the Standards Board I think it is called, they oversee the conduct of all Councillors whether Parish, District, County - have a look at the website.

 

http://www.standardsforengland.gov.uk/

 

PT

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  • 1 month later...

well the case was closed as nothing was proved ...I got the letter confirming this, but a week or so later, then they arrived again, the council, it was same councillor complaining falsely allegeing more noise, I showed them the letter that it was case closed but they said basically if we get told to come and that there is a noise we must investigate, but why don't you file against for him harrasment then we wouldnt have to keep visiting and finding that the alleged noise infact doesnt exist...fact that case is closed then appears to be irrelevant then doesnt it. ! I think that this is gross misconduct/lack of staff liaison on the part of the council its just like they do what they like using no specific guidelines to see how far they can push or try to scare people because most wont dare kick back., to make money from scared people. I'm not scared but I am very angry, at this harassment.. I want to file against the council for harassment and also the neighbour, how? I anticipate that I'd have to use a solicitor from a different borough, as none here would go against the council. A london company have agreed that they can serve injuction to the neighbour after reading the case, but will this 'not be worth the paper its written on?' I fear this would be the case... Would they do it (injuction re harrassment) against the council too? They claim that they can sieze and remove the dog too, I say that they cannot, I am sure i have read that they don't have the power to do this, even if they had evidence he barked, which he definitely doesnt excessively...any advice?

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  • 1 month later...

He cant do anything. If he takes you to court the FIRST question a judge will ask is if he approached the council and he will say yes they closed the case. I wouldnt bother making logs or being paranoid as a log wont count for anything in court as it isnt proof. Dont waste your time with it. If the council have been satisfied then dont worry.

˙os op oʇ pǝʞsɐ ssǝlun ǝƃɐssǝɯ ǝʇɐʌıɹd ʎq ǝɯ ʇɔɐʇuoɔ ʇou op ǝsɐǝlԀ ˙pǝɹnɔɔo sǝssol ʎuɐ ɹo ǝɹnlıɐɟ ɟo ʇlnsǝɹ ɐ sɐ ǝlqɐıl plǝɥ ǝq ʇou llɐɥs I ˙llıʍpooƃ ɟo ǝɹnʇsǝƃ ɐ sɐ os ǝuop sı uǝʌıƃ ǝɔıʌpɐ ʎu∀

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