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    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx     dx    
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
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incrediblesulk

Noisy Neighbours, Who's In The Wrong?

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We had some new neighbours move in about 3 months ago. At least 3 times per week they're banging, drilling, etc with power tools. They are fair to start and stop within working hours except once (so far) when the neighbour's Dad was making a fence in the back garden on a Sunday. I asked them to keep the noise down, they looked at me like a wan?@r and said "It's finished now anyway".

 

They have parties once a fortnight where they have friends around for a drink and loud talking in the back garden until 11pm when they go indoors. To be fair it's not like I hear much when I'm in my lounge but when I go into the kitchen the noise is disturbing. I am often awoken around 1am after these parties by them slamming doors.

 

I've complained to them a total of three times, that one time to the neighbour's Dad on a Sunday, and twice to the neighbour. Each time I've felt like I'm the bad guy, I guess after all they are working on their house and the parties could be a lot worse.

 

Yesterday the neighbour's Dad came round and told me they'll be having a party that night and tonight (Friday night and Saturday night) and that it would end at 11pm. I thought fair enough until he said he'd told me this because he "Wont have my daughter intimidated". Intimidated? "By you going around complaining about the noise". I said "There are laws about noise". Funny enough, the 2 times I've knocked and complained it's been the neighbour's chap come to the door, not her.

I think I have been fair, it's not like I went around there shouting about it, the times I've complained I've kept it pretty laid back so I don't see any intimidation, on my part at least.

 

So now I'm thinking maybe the Dad thinks he's the hard man and he's basically telling me not to complain about the noise.

 

Who's the d?ck here? Me for being a Victor Meldrew??

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We had some new neighbours move in about 3 months ago. At least 3 times per week they're banging, drilling, etc with power tools. They are fair to start and stop within working hours except once (so far) when the neighbour's Dad was making a fence in the back garden on a Sunday. I asked them to keep the noise down, they looked at me like a wan?@r and said "It's finished now anyway".

 

They have parties once a fortnight where they have friends around for a drink and loud talking in the back garden until 11pm when they go indoors. To be fair it's not like I hear much when I'm in my lounge but when I go into the kitchen the noise is disturbing. I am often awoken around 1am after these parties by them slamming doors.

 

I've complained to them a total of three times, that one time to the neighbour's Dad on a Sunday, and twice to the neighbour. Each time I've felt like I'm the bad guy, I guess after all they are working on their house and the parties could be a lot worse.

 

Yesterday the neighbour's Dad came round and told me they'll be having a party that night and tonight (Friday night and Saturday night) and that it would end at 11pm. I thought fair enough until he said he'd told me this because he "Wont have my daughter intimidated". Intimidated? "By you going around complaining about the noise". I said "There are laws about noise".

I think I have been fair, it's not like I went around there shouting about it, the times I've complained I've kept it pretty laid back so I don't see any intimidation, on my part at least.

 

So now I'm thinking maybe the Dad thinks he's the hard man and he's basically telling me not to complain about the noise.

 

Who's the d?ck here? Me for being a Victor Meldrew??

 

What level / timing of noise is "reasonable"?.

 

DIY on a new (at least to them) property? Probably.

On a Sunday (daytime)? probably.

 

Noise from their garden that doesn't disturb you in your lounge, but can affect you in your kitchen..... probably reasonable.

Until 11 pm (and then they move indoors), probably reasonable.....

 

Awoken at 1 am for slamming doors ... pretty unreasonable by their guests......

 

Decide what is reasonable, and only complain about unreasonable noise. Make the complaint about why the noise (level / timing) is unreasonable.

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Do you look intimidating, would you say? I'm wondering if you want to deal with this yourself or are looking for someone else to intervene. Are both houses privately owned, incredible?

 

HB


Illegitimi non carborundum

 

 

 

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If you wanted to avoid any chance of a confrontation or any allegation of being intimidating, a polite note (keep a copy) through the letter box might help.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Make the complaint about why the noise (level / timing) is unreasonable.

 

Yeah, and how do I complain without being accused of intimidation?

 

By focusing on why the complaint is about unreasonable noise ...........

 

If you wanted to avoid any chance of a confrontation or any allegation of being intimidating, a polite note (keep a copy) through the letter box might help.

 

Doing so by (polite letter) is good advice too, as is keeping a copy (so that others can judge for themselves if it is intimidating, if they choose to follow that path ......)

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Good thing you don't live in our neighbourhood.

Kids screaming all day long, DIY taken to the next level and a south American family having parties every weekend until 2/3am.

You'll get used to it.

From what you described, apart from the 1am door slamming, there's nothing really out of the ordinary.

When we were young and had small children we were probably making more noise than our neighbours, now that we are older we tempt to become less resistant to noise, but that's life.

Unless they start drilling and partying every night, I don't think there's much you could do about the occasional door slamming.

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A polite note would do no more than I've already done. They are clearly selfish people. They had parties Friday night and Saturday night; this weekend is bank holiday so I expect all three weekend nights this time.

 

I wouldn't say I am intimidating, I'm 5'11", 14 stone so I'm average. When I did knock and complain I never saw the daughter, just the guy. I talked to him about the noise, I may have seemed a little ****ed off but I was not threatening, indeed, after I'd talked about the noise I asked him about the kitten he had in his arms.

I could invite my friends around for a party in our back garden, some of them are very intimidating. But I just want a peaceful life, bit of quiet, I don't pay rent to live next door to a night club.

 

As for "do you want someone to intervene", I don't know what you mean?

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A polite note would do no more than I've already done. They are clearly selfish people. They had parties Friday night and Saturday night; this weekend is bank holiday so I expect all three weekend nights this time.

 

I wouldn't say I am intimidating, I'm 5'11", 14 stone so I'm average. When I did knock and complain I never saw the daughter, just the guy. I talked to him about the noise, I may have seemed a little ****ed off but I was not threatening, indeed, after I'd talked about the noise I asked him about the kitten he had in his arms.

I could invite my friends around for a party in our back garden, some of them are very intimidating. But I just want a peaceful life, bit of quiet, I don't pay rent to live next door to a night club.

 

As for "do you want someone to intervene", I don't know what you mean?

 

By

I'm wondering if you want to deal with this yourself or are looking for someone else to intervene. Are both houses privately owned, incredible?

HB

 

I suspect HB was looking for if you wanted to resolve this informally, or on a more formal basis involving an agency such as the police, the council's (anti!) anti-social behaviour unit, or (if both houses were e.g. Housing Association houses where the tenancy usually had a term regarding causing disturbance) the Housing Association.

 

Knowing HB's usual posting style I doubt she was suggesting "snipers in the bushes, with orders to open fire at 23.01 if the enemy doesn't retreat indoors at 23.00"

 

Involving (an official) third party will need you to re-focus on the reasonable vs. unreasonable noise aspect, and collect evidence of unreasonable noise. Complaints from you about noise that is reasonable will just make you look daft, and risk the complaint being dismissed.

 

You've already decided not to try the 'polite letter' approach? you are talking about "getting your very intimidating friends" around?

Expect the police to become involved as things escalate, but I don't think the neighbours will be the focus of the investigation.....

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