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Harassment warning


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An allegation of harassment has been made against you.

 

Details of alleged conduct (specific actions that are cause for complaint)

 

Over the course of the last 7 years, repeatedly sent printed photos to -----------------------of your cctv footage. Also sent emailed photos of him and family members taken from your cctv to outsidge agencies and companies, attempting to persuade companies to either refuse to deal with ---------------------, or to cause him problems in such a way as to cause him undue distress.

You are NOT to make any further contact either directly with -----------or his family, or with outside agencies who have dealings with the --------- family.

YOU MAY BE LIABLE TO ARREST SHOULD YOU CONTINUE ON THIS COURSE OF CONDUCT. HARASSMENT IS A CRIMINAL OFFENCE UNDER THE Protection from Harassment Act 1997

 

------- Police makes no comment as to the truth, or otherwise, of these allegations at this stage.

 

It was seven years ago he moved in to his property and started laying claim to my drive.

 

I have told the police that I will continue to do what ever is my legal right to do.

 

If people park and trespass on my land then I will contact them.

 

If the police arrest me they will then have to make this man produce his 'evidence' which he hasn't got.

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I think the route for me to go down is apply for an injunction making my neighbour produce evidence of his claim regarding parking rights and enforce the covenants attached to his property.

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Any suggestions please I want to contact this neighbour and give hime 14 days to provide copies of document that states he has parking rights on my property.

Problem have contacted a few solicitors asking them to write the letter for me, they won't unless they get the whole case.

Do I write to the neighbour and risk getting arrested.

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How about writing a letter to him and forward it to the police to give him.

Any suggestions please I want to contact this neighbour and give hime 14 days to provide copies of document that states he has parking rights on my property.

Problem have contacted a few solicitors asking them to write the letter for me, they won't unless they get the whole case.

Do I write to the neighbour and risk getting arrested.

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I think with this kind of dispute there is always a risk of going "tit for tat" with neither side willing to back down, and the whole thing ends up escalating. In an ideal world you may like to go to court, be declared the victor and get an injunction, but this will be very expensive.

 

I think it is important to keep an eye on the end goal. I have my doubts about whether this dispute is really about a parcel delivery van or taxi being on your property. My parents were driven mad by a similar dispute over a driveway, it was a petty issue over parking but neither side would give in, as both sides did not want to "lose face". Eventually the neighbour moved out, but until they did the level of stress endured by both sides was very high. At some point you will have to decide what it is worth to you in order to resolve this, or whether it is possible to let sleeping lions lie and reach some sort of compromise.

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I appreciate what you are saying but this is bully boy tactics by involving the police, who didn't ask for proof of his claims, in order to continue to run his business from his house and use my property to park the vans on and block my access.

I have no intention of letting him get away with it, if he refuses to provide a document supporting his claims on my property I will apply for an injunction - £195.00 all I need do is provide documents relating to his property, if he wants to fight that with a judge so be it.

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Yes - it is undoubtedly bully boy tactics by the neighbour. Without knowing the background to the dispute it sounds like he is reacting to you sending photographs to the third parties he does business with, which is what the harassment notice talks about ... this is what I mean by things escalating. To me, it is reasonable for a parcel delivery driver or taxi to briefly park on someone else's driveway (and in practice it is impossible to stop this), although leaving his vans parked there for an extended period of time is not acceptable. I don't think the police should have tried to issue a harassment notice but it is what it is.

 

The problem with injunctions is that, generally speaking, you must apply to the High Court in London. Not the County Courts (though there are exceptions). Furthermore, the test to get an injunction is quite strict and you must expect to be ordered to pay your neighbour's costs if you lose the case. You can review the requirements here, although it is not a user-friendly set of rules: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part02/pd_part02b#2.1. I'm not saying its impossible, but it is a road full of minefields and something to be avoided if at all possible.

 

Now I think of it, perhaps this is something the council would get involved with?

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Ganymede if when my neighbour made his claims about the right to park on my property the police had asked for documentary proof it would have shown that he was lying and there was no basis for an harassment notice.

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My dearfellow, please do not send yourneighbour any further letters, do not speak with him and avoid any and allconfrontation with him at this present time, because; in the light ofthe harassment notice served on you by the police, should you breach suchnotice (even though that said neighbour has not provided any proof of hisharassment claim against you) then, the neighbour will simply contact thepolice and inform them that you are continuing to harass him, the police willthen arrest you! As this matter stands, your neighbour has the law on his side!

I havebeen down this road twice before, I really do sympathise with your situationand the upset, frustration and daily anger that such wrongdoing is causing toyou (your private household’s life). There is good and bad in all things mydear fellow, including good anger and bad anger. Take a step back right now and do notundertake any action against this neighbour which will be deemed as bad angerin the eyes of the law.

I amhere with you, and I am certain that the whole Group – CAG, is here withyou, I am certain that we can all helpyou and your household overcome and defeat this thorn in your side. Keep calm my dear friend , if you have afavourite drink that you enjoy such as tea, coffee or rum or brandy, then takea good cupful of the same and lets have a proper look at your options to bringand end to what you & possibly your family refer to as a living nightmare.

Yourneighbour is claiming to the police (withouta shred of evidence) that for the last 7 years you have intentionally harassedhim by pursuing a course of conduct over the same designed to cause himdistress. This allegation does not makeany sense, 7 years of alleged intentional distress/intentional infliction ofemotional distress inflicted upon him by you and only now does he make acomplaint regarding the same to the police. I would apply the golden rule here, that is, if it does not make anysense then it is because it’s not true! No reasonable minded observer wouldever accept that a person has suffered such an infliction by another over aprotracted period of time without having made a complaint to the police (orindeed the alleged wrongdoer) at the first instance of such alleged conduct becomingclear to the “victim” that the same is never going to end.

Whatdoes your copy of your Title Deed show as your land that your property issituated on?

You canrequest a copy of your neighbour’s Title Deeds from HM Land Registry (a smallfee is payable), this will show the land upon which his property is situate andalso show the covenants, you will be able to establish therefrom as to whetheror not he has any rights thereunder to obstruct your land (which I doubt hedoes).

Youstate that his property is a residential place, do the covenants allowprofessionals to carry out their business on the land? Does your neighbour fall under the class ofprofessionals that covenants may grant unto him to carry out his business? If not, contact your local authority andlodge a complaint with them as regards your neighbour’s business operating outof residential premises and request that that investigate and close down suchunlawful use of residential place.

Asabove, please take a step back, take a deep breath, a shot of rum, brandy, tea or coffee or whatever is your favourite tipple and don’t breach the police Notice and don’t playinto your neighbour’s hand.

Comeback on the above, roger – over.

Kindregards

The Mould

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Why?!

 

Don't get me wrong, I can see both sides of the story. To be fair, the police did receive a complaint and they acted on it. I can see how taking a bunch of photos and sending them to third parties could potentially be construed as harassment.

 

Maybe its just me, and we do not know for sure what has gone on in the background, but it sounds like the officer did not really investigate the issue before going straight to issuing a harassment notice. I don't know what guidance is in place for these things, and I know being a cop is a really tough job, but if I was the officer I think I would want to see some proper evidence or get both sides of the story before issuing a formal notice.

 

Not something I would be kicking up a huge stink about though. The police are in a very difficult position, since whatever they do someone is going to be unhappy. The Op has made it clear he is not happy and I think that's enough. I guess it is just part of life.

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To be fair, the police did receive a complaint and they acted on it. I can see how taking a bunch of photos and sending them to third parties could potentially be construed as harassment.

 

 

Seems to be a lot of Police bashing for no reason that's all.

 

 

 

Maybe its just me, and we do not know for sure what has gone on in the background, but it sounds like the officer did not really investigate the issue before going straight to issuing a harassment notice. I don't know what guidance is in place for these things, and I know being a cop is a really tough job, but if I was the officer I think I would want to see some proper evidence or get both sides of the story before issuing a formal notice.

 

 

No requirement for any investigation. The Police are just following procedure.

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Seems to be a lot of Police bashing for no reason that's all.

 

 

 

 

 

 

No requirement for any investigation. The Police are just following procedure.

 

Police, especially "green" police do not know the civil law. It is my considered opinion that the police in this particular matter have sent a "green officer" who does not understand the statutory law s.1 Protection from Harassment Act 1997 or indeed the common law of (IIED) Intentional Infliction of Emotional Distress.

 

As I have said, I have been down this road before, spanning a 20year period. The neighbour is in the wrong! and the op is in the right - as far as law is concerned.

 

Kind Regards

 

The Mould

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Thanks all for contributions especially The Mould, I have stated before the background to this.

 

When neighbour bought his property he assumed he owned the driveway, he was corrected on this assumption by his own solicitor and mine.

 

He has just not been able to accept it, I think his reasoning is he owns the biggest house so should own the driveway.

 

He doesn't seem to understand that even if he did own the driveway he would not be able to park on it, just as I am unable to do.

 

I have had seven years of abuse and threats which I have let go over my head, when there has been a face to face confrontation it is he who backs of.

 

The police have done nothing to curb his behavior in fact when I conplained to the police at their lack of action when I was threatened with violence I received a letter stating that becasue I referred to the neighbour and his friend as morons in my letter of complaint I basically deserved it.

 

When I had a car driven at me the police didn't even record it.

 

Thanks again The Mould for the information

 

I, now, that I am calming down think that what I will do is carry on as normal, if courier vans park on and block my access to my property I will write to them.

 

I will at the same time notify the police of what I am doing, if they arrest and say the are going to press charges they will then have to go to my neighbour for the evidence.

 

The neighbour will then have to produce documents supporting his claim and show that any photographs sent to him show that he is not on my property.

 

Funny that since the neighbour made his complaint, over a week ago, there has not been any courier vans on my property.

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Just be careful here and think about what you are hoping to achieve with the courier companies. I think it is reasonable for a courier van to park for a few seconds on a driveway while he makes a delivery. Unless you put up some sort of gate to control access to the driveway, individual drivers will probably often end up parking there. The danger of keeping on with this issue about the courier companies is that it could make you look extremely unreasonable and will backfire on you if you ever want to take this to court.

 

If the real issue is the neighbour blocking access with his vans, or his abuse, then courier delivery vans are not the problem.

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Steampowered it is the courier vans parking on my property that are blocking my access.

 

If he wasn't running a business from his property, breaching his covenants, there wouldn't be any courier vans.

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Police, especially "green" police do not know the civil law. It is my considered opinion that the police in this particular matter have sent a "green officer" who does not understand the statutory law s.1 Protection from Harassment Act 1997 or indeed the common law of (IIED) Intentional Infliction of Emotional Distress.

 

As I have said, I have been down this road before, spanning a 20year period. The neighbour is in the wrong! and the op is in the right - as far as law is concerned.

 

Kind Regards

 

The Mould

 

 

 

What has that got to do with the harassment notice the OP was given?

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