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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Abatement Notice of Statatory Nuisance over Dogs Barking


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The first thing I suggest is a short and polite note to your immediate neighbours, including the unpleasant one, explaining that you now realise that when you are out your dogs have been barking. And that you are going to do your best to retrain your dogs, please could they be patient as it may take some weeks, but you are doing your best. Copy to the Noise Abatement people and a copy to your Housing Officer if this is local authority or HA.

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You mentioned that they seem to start barking at about 3pm if you are out. What happens in your area at 3pm? Children coming home from school maybe and all the associated noise?

 

Have a sit down in silence at about this time, and have a really good listen and just note everything that goes on. Listen good, because you will be accustomed to a lot of what you hear, and won't generally notice it,. This is to see if it is a particular thing that starts them off.

 

It is a neighbour nuisance, and it can be sorted out, but its not an easy job, especially if its behaviour that is well established. But there's several things to try before having to call in a trainer/behaviourist.

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Ok, lets calm down now. This will make you ill. You cannot live your life like a recluse just because you have dogs. The main thing here is you own your home so no-one is going to come and serve an eviction notice on you.

 

As you say, you have 4 out of a possible 5 householders on your side already, or not complaining. No problem with chatting to the good neighbours to get their opinion of the noise levels, making them aware that if they ever did have a problem, then you are dealing with it. All nicely on your side then.

 

All you can do right now is accept that them next door have complained, and do what you can to minimise the noise. Just as you have to accept their noise, they must also accept a certain amount of living noise. So long as your dogs are not barking 27/7 (if they were all your neighbours would be up in arms) then the noise of a dog barking a couple of times a day shouldn't be much of a problem. Before this ever went to a court, there would be attempts at mediation etc. I know from experience it costs a lot of money for Environmental Health to take Court action, so they are generally certain of choosing their cases wisely. Its just my opinion, but if you also have counter complaints, and have improved the situation from your side as much as you can, then this would not be a case they would take to Court lightly. Lots would happen before this ever got to court, such as mediation.

 

If they are aggressive or threatening again, please do call the police. But never retaliate. You want a nice evidence trail of what is going on, who is complaining, and who is threatening, etc.

 

So now you have to crack on with your side of things, and that is to try and improve the barking problem. You are a dog trainer/handler. So you know this is a tricky one, but you also know the drill! We've ruled out disturbances, like school kids coming home, so, is it a case of separation anxiety (all of them?! which one is in charge?!)? If not, then its the old "Speak" and "Quiet" game, where you have to start by teaching the dog to bark on command. (If you have control of one of them, you have control of all of them, taking yourself out of the picture, who do you think is the boss dog? Start with that one). Try this with them, to be used at feeding time, other times they might get exciteable. You'll know though that it can take some time to achieve this with one dog, never mind several all together! I think I'd have to have my friend to help me out with this one, so do you know other trainers in the area who might be able to assist? Not a bad idea, because if this is making you stressed, trying to to teach these commands to a dog is going to stress you a bit more I should think!

 

How about, say you have to go out for two hours at 3pm, taking the dogs for an exhausting run about and walk for an hour before you go, so they will be tired out, and have no need to start playing?. Then, when you return you can use the "quiet" command as you come through the door.

 

I hope you get it sorted, but it won't be an easy fix.

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  • 3 weeks later...

Just as steampowered has said!

 

Is it also worth mentioning in your defence, that you have had dogs for XXX amount of years, these neighbours have lived next door to you for XXX amount of years and it has never troubled them before to your knowledge. So why, after all these years, is it now a problem? Stand up for yourself. Enlist the help of other neighbours if you have to.

 

And, how are you getting on with the barking? I suggest you concentrate on the retraining (you know what a task you have before you!) because if you are a dog trainer then you know that you can achieve this. And all the hard work and stress of teaching your little pack this new lesson will detract from the stress of them next door.

 

Then, when you have achieved this, perhaps you could turn your attention to the noise from them next door and suggest a few tricks for their family to deal with it!

 

Don;t give in, just get on with what must be done, record everything diary form, and stand up for yourself and your dogs.

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  • 6 months later...

Ok, please telephone the Kennel Club, and ask for a recommendation for a behaviourist in your local area (yes, Dog Whisperer if you like). Any behaviourist worth their salt will work with you, show you how to properly control the situation, and then appear in court for you, to tell the magistrates what progress you have made. My friend has to do this frequently under the Dangerous Dogs Act, because of the nature of the dogs (and owners!) she work with so really noise should be a doddle.

 

I don't know what the legal bods on here think of this: I can read how stressed out you are, to the extent that you seem to have become a prisoner in your own home. And perhaps it might be better to accept the caution this time, and then do as I say above, quickly. You could I suppose say that you accept the caution so long as the Council accepts (you have evidence) that you have been harassed by the neighbours, and that you are working hard to do all that you can to control the barking. And everytime next door do something to you, record it, report it, as appropriate, and above all, make sure the noise abatement team have it all on file.

 

I understand its hard when you are depressed, but come on now, we're talking about our pets here, and that should fire you up.

 

Where I live, my dog roars like a lion when someone knocks the door. He very friendly mind. He occasionally barks at strange noises outside our home. And if one of my neighbours the cheek to complain about this perfectly normal behaviour, I think I'd then have to make an issue out of: a) the 12 week old male kitten (Still with his whatnots) I found climbing up my parrot cage in my lounge the other day b) the filthy smell he left up my hallway during his swift exit and then c) the crap in my aloe vera plant outside my front door. Just to make you laugh a bit!

 

I'm sure our legal friends will advise you how to sort all this out, but really, if you can just get those dogs quiet, all this will go away, and it will be interesting to see what shocking wrong doing the neighbour accuses you of next - some people are like that and there's usually one in every street.

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