Harassment warning

[l1awrie]

Can anybody please advise.

 

Tonight I had a visit from the police asking me to sign a harassment warning, which I refused.

 

I am supposed to have harassed my neighbour by photographing a courier van parked on my property

and then contacting the courier company telling them not to park on and block my drive again.

 

Should explain the neighbour has a right of way over my drive but no right to park on my property.

 

That I am harassing my neighbour by his garage door being within the area of my cctv camera capture.

 

Thats about as much as they would give me, am I not entitled to know all of his claims.

[Bazooka Boo]

Whilst harassment is a criminal offence, I fear that this falls well outside of even the police's remit!

 

Well done for not signing their scrap paper.

 

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

[l1awrie]

Thanks for response, I have e mailed a complaint to the Chief Constable, might send one to the police commissioner

[Conniff]

As regards cctv, the capture of others is permitted, what is not permitted is for the camera to follow a person like the official ones do. If you are looking out at the street and people pass by, that is ok but you can't follow them with the camera moving to capture them.

 

I found this out when I installed my own system. I will dig out the regulations for you just in case they decide to make something of it.

[l1awrie]

Thanks Conniff, I understand that my complaint has been passed to the District Commander, I am thinking of bringing a gross misconduct charge against the officer, I'm still so angry about her attitude.

[vicmeldrew]

You won't get a gross misconduct charge as you put it.

 

It will be dealt with by way of local resolution.

[l1awrie]

Hi vicmeldrew do you mean that if I make a complaint about the officer it will be dealt with internally.

[vicmeldrew]

Yes. Contrary to what seems popular belief, the IPCC don't automatically become involved in complaints!

[Ganymede]

Whilst harassment is a criminal offence, I fear that this falls well outside of even the police's remit!

 

Well done for not signing their scrap paper.

 

 

http://www.legislation.gov.uk/ukpga/1997/40/section/1

 

 

9.2 In Single incident cases only, where the identity of the person complained of is known as the 'accused' he/she should be advised that an allegation regarding their actions has been received. Detail the allegation to the 'accused' and allow them the opportunity to explain the circumstances from their perspective. Unless the actions were reasonable and/or lawful, such an approach also provides the officer with the opportunity to point out that such behaviour could amount to harassment if it were to continue. The officer should then issue the 'accused' with a Police Information Notice (PIN) which reiterates what he/she has been told (Appendix F and also found within Force Forms on the intranet - templates - admin forms). A signed copy should be retained (with the STORM serial number added) and sent to the Crime Management Unit where the record will be stored for 12 months.

[l1awrie]

The only details I was given was the I harassed my neighbour by taking a photo of a courier van trespassing on my property, that I harassed my neighbour by contacting the courier company and told them not to park on my property again, this apparently interfered with his, non existant, right to park on my property, that my cctv coverage shows neighbours garage.

 

Its the laziness and rudeness of the police that annoys me, all they needed to do was ask him to produce his deeds showing these 'rights' instead they just took his word for it.

 

When I told the police that he didn't have these 'rights' they didn't want to know and told me that if I repeated any of the above I would be arrested.

 

I am now looking into taking out an injunction to keep him off of my property.

[unclebulgaria67]

While the Police may have acted incorrectly in this case, you would have to ask the question as to whether people living in these neighbouring properties are behaving normally. There has obviously been a problem between neighbours and the Police do not want to be involved at all. I suspect the Police Officer concerned was p*ssed off having to deal with this, as it is not their job to sort out squabbling neighbours. Taking a CCTV picture of a courier van and then contacting the courier company is just silly. If you don't want courier vans coming onto your driveway to deliver to neighbours or yourself, then put a sign up or see a Solicitor about how you deal with nuisance neighbours using your driveway.

[Sparks_]

What harm is caused by them parking on your drive? How long are they there for?

[Ganymede]

The only details I was given was the I harassed my neighbour by taking a photo of a courier van trespassing on my property, that I harassed my neighbour by contacting the courier company and told them not to park on my property again, this apparently interfered with his, non existant, right to park on my property, that my cctv coverage shows neighbours garage.

 

Its the laziness and rudeness of the police that annoys me, all they needed to do was ask him to produce his deeds showing these 'rights' instead they just took his word for it.

 

When I told the police that he didn't have these 'rights' they didn't want to know and told me that if I repeated any of the above I would be arrested.

 

I am now looking into taking out an injunction to keep him off of my property.

 

 

For your own sake just let this go.

 

You have already said your neighbours deeds contain a right to access your land and you haven't told us he/she has done anything personally to you so an attempt for an injunction would be petty and a waste of time.

 

When the courier drops of the parcel etc with your neighbour how long is it on your property? Where is the exact location the courier van parks? Does it damage your property?

[l1awrie]

My neighbours have a right to pass over my land to their land.

 

When this neighbour moved in he constantly parked on my drive, my polite request to not do so was met with abuse and the he 'owned the land' land registry documents and my solicitor showed him otherwise, but he will just not accept it.

 

What has my neighbour done to me, threatened me with violence, placed cars in such a position so as to block me in, ignored the details of his deeds regarding boundaries and tried to claim my drive as his own, last week I chucked him off of my drive, he was hoeing my side garden, I have a gardener to do this, his family and friends have stood in front of my cctv camera screaming and shouting abuse, tried to smash my cctv which covers my land, made various stupid claims to his solicitor all of which were disproved.

 

I have had seven years of 'letting this go' this time is one step too far.

 

Contacting the couriers companies - why should I pay a solicitor to write a letter that I am just as capable writing.

this is not just courier companies delivering the odd parcel this man is running a business, against his covenants, from his property and using my land for the vans to park on.

 

To date all the courier companies have acknowledge that they are trespassing on my property and will in future park on the street.

 

He also claimed to the police that Parcel Force had taken me to court and won the right to park on my property, utter nonsense, Parcel Force have today contacted me and advised that they will park on the street in future.

Results of vans parking on my property is that I can neither get into or leave my property.

 

As for an injunction I have seven years cctv coverage which will show that an application for an injunction would be anything but petty. The judge will most probably ask why I waited so long.

 

I do have a legal right to enjoy the peace of my home, if anyone else wants to be generous with their properties and happy that a neighbour would lie to the police to get an harassment order against them then continue to do so, I won't.

[unclebulgaria67]

Other ways of dealing with this. Do they own their property ? If not, through land registry find out who owns the freehold and contact them about the business being run from the property. Are the council aware of the business being run from their property ? If not, perhaps the council may be able to look into this ? Is there any potential of any illegal trades being carried out from their property ? If so, perhaps an annonymous tip off through Crimestoppers. Someone I know had a problem with a neighbour, had suspicion of drugs being on their premises, so they contacted the Police annonymously via Crimestoppers. A few weeks later the Police raided the place and obviously found something, as the neighbours were taken away in a van, never to return.

[l1awrie]

He owns the property with his mother who doesn't live there but is as bad as he is.

 

I have approached the council they do not want to know, they refuse to look at any cctv coverage. I have tried every route possible to deal with this and now it has to be the courts.

 

Though I am hoping the police take some action as his harassment claims are a pack of lies, I am just annoyed that the police never asked for any evidence of his claims but just took his word for it.

[Ganymede]

My neighbours have a right to pass over my land to their land.

 

When this neighbour moved in he constantly parked on my drive, my polite request to not do so was met with abuse and the he 'owned the land' land registry documents and my solicitor showed him otherwise, but he will just not accept it.

 

What has my neighbour done to me, threatened me with violence, placed cars in such a position so as to block me in, ignored the details of his deeds regarding boundaries and tried to claim my drive as his own, last week I chucked him off of my drive, he was hoeing my side garden, I have a gardener to do this, his family and friends have stood in front of my cctv camera screaming and shouting abuse, tried to smash my cctv which covers my land, made various stupid claims to his solicitor all of which were disproved.

 

I have had seven years of 'letting this go' this time is one step too far.

 

Contacting the couriers companies - why should I pay a solicitor to write a letter that I am just as capable writing.

this is not just courier companies delivering the odd parcel this man is running a business, against his covenants, from his property and using my land for the vans to park on.

 

To date all the courier companies have acknowledge that they are trespassing on my property and will in future park on the street.

 

He also claimed to the police that Parcel Force had taken me to court and won the right to park on my property, utter nonsense, Parcel Force have today contacted me and advised that they will park on the street in future.

Results of vans parking on my property is that I can neither get into or leave my property.

 

As for an injunction I have seven years cctv coverage which will show that an application for an injunction would be anything but petty. The judge will most probably ask why I waited so long.

 

I do have a legal right to enjoy the peace of my home, if anyone else wants to be generous with their properties and happy that a neighbour would lie to the police to get an harassment order against them then continue to do so, I won't.

 

 

 

With respect that is your version of events. I am sure that he will have a similar one painting you as the bad guy as there are always two sides to a story.

 

Theses situations always end up very messy and time consuming and the Courts hate neighbour disputes to be honest.

[Ganymede]

Though I am hoping the police take some action as his harassment claims are a pack of lies, I am just annoyed that the police never asked for any evidence of his claims but just took his word for it.

 

 

 

Did you read the quote I put in post #9?

[l1awrie]

Yes I did Ganymede thank you, the police would not let me respond to the claims that is why I showed them the door.

 

As for my version of events I have never made a claim that I couldn't prove with either documentation or cctv coverage.

 

This neighbour had two cctvs, one pointing into my home, which the police made him remove three years later, never once has he been able to show that I have ever done anything wrong.

 

But he is getting his come uppance he is trying to sell his property and obviously has to inform any purchasers of any disputes, he has lost two potential purchasers already and I expect he is going to have to drop the price of the property.

 

This man is so stupid after making these claims about me he has a taxi sitting on my property despite there being room on his.

 

I would add that the neighbour who lives inbetween us also used to park on my property when I told him not to he started shouting and hollering about seeing his solicitor. Which I assume he did because within a week all parking on my property stopped.

 

The common denominator between the two is that they are both running businesses from their homes, which they do not have planning permission for and the council is not interested in investigating.

 

I really do not care what they do as long as they do not interfer in my life or property.

[Surfer01]

Because of the dispute, he may never be able to sell the property and you will be stuck with him for many years.

[Bazooka Boo]

9.2 In Single incident cases only, where the identity of the person complained of is known as the 'accused' he/she should be advised that an allegation regarding their actions has been received. Detail the allegation to the 'accused' and allow them the opportunity to explain the circumstances from their perspective. Unless the actions were reasonable and/or lawful, such an approach also provides the officer with the opportunity to point out that such behaviour could amount to harassment if it were to continue. The officer should then issue the 'accused' with a Police Information Notice (PIN) which reiterates what he/she has been told (Appendix F and also found within Force Forms on the intranet - templates - admin forms). A signed copy should be retained (with the STORM serial number added) and sent to the Crime Management Unit where the record will be stored for 12 months.

 

Gany,any chance you can put a link to that info?

[Bazooka Boo]

If the council are not interested then you have the option of going to the LGO.

 

As for the old bill, nothing good will ever come of it, they are above reproach, your best bet is to not have anything to do with them, ignore them.

 

Deal with the main issue and that seems to be your neighbours and council.

[The Mould]

The land obviously has a restrictive covenant on it, whichgrants your neighbour the right to pass and re-pass over your property in orderto access his own property. Notwithstanding any such rights granted to your neighbourthereunder, the covenant probablycontains a clause that does not grant your neighbour or any visitor/guest ofhis any right to obstruct the right ofway that the same grants to him, if to do so would prevent you from yourentitled right to leave and access your own driveway, at any time. Is that correct to say?

Can you please post up here the exact – word for word,covenant/private rights of access that affect both yours and your neighbour’sland (minus any personal details of course) to which you are both bound by andare enforceable against you both if either of you should breach the same..

Harassment may be a case, a civil case that is, that you canbring and prove against your neighbour in due course. Rather than his claimthat it is you who is harassing him!

Firstly, please confirm the conditions under the covenantaffecting the land to yours and your neighbour’s property. Further, please posthere the full details of the dispute and how this dispute first came about.

Forget the police, no use to anyone! I might be able to help you resolve thismatter by way of civil process, out here in public forum, as I have had to dealwith harassment from several neighbours on private land & restrictivecovenants attached thereto, including, silent harassment (very difficult toprove), over a number of years as regards harassment and restrictive covenantsand long before I ever became involved with the legal profession on any area oflaw.

Kind Regards

The Mould

[The Mould]

“The only details I wasgiven was the I harassed my neighbour by taking a photo of a courier vantrespassing on my property, that I harassed my neighbour by contacting thecourier company and told them not to park on my property again, this apparentlyinterfered with his, non existant, right to park on my property, that my cctvcoverage shows neighbours garage.”

Theabove complaint does not fall under the provisions of s.1 of the Protection fromHarassment Act 1997.

Kindregards

TheMould

[l1awrie]

Thanks for your responses here are covenants

 

1 Not to use the Property nor allow or 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 to permit 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

 

My request for details of the harassment notice have now passed down to a chief inspector.

 

I have also sent details to my MP.

 

Somebody mentioned earlier the LGO I am waiting to hear from them as to whether they will take the matter up regarding using the premises as a business.

 

Again any information will be appreciated