Taking a neighbour to court

Soldato
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Derry
Ooh, my very own almost soap-operish thread.

Story is, our neighbour bought an Alsatian puppy about a year ago and since then we've be plagued by it barking continiously, now I'm not a miserable sod generally and if it barks up until say 11pm then I'll just accept it but this thing wakes the whole family up 4 or 5 times a night, last night for example we had to listen to it from 3am til nearly 7am.

After the first few months I went round to visit him, I was very polite but his attitude was "it's a dog, it barks, tough!", after another few months, my wife went round, still polite, he was very rude to her and told her near enough the same as he told me, after a few more months after nearly a week of no sleep I lost the rag, hammered on his door some time around 1.30am and we had a rather heated exchange.

He then called the Police and claimed I'd threatened to poison his dog (a lie), so a very amenable copper turned up at our house one night and listened to our side of the story, apparently the neighbour had told him all the resolutions he was going to put in place to stop the dog barking (basically admitting to the police officer that there was a problem), the police officer went on his merry way, happy in the knowledge that the neighbour was talking guff and probably a bit put out that he'd wasted police time.

We've had environmental health involved for months but they're worse than useless so I'm planning to make a complaint under section 82 of the Environmental Health Act in the local magistrates court, simple enough procedure but I need to set up some form of noise recording equipment (preferably cheaply) that'll time stamp recordings of the dog barking, I'm thinking some kind of Android app with a decent(ish) mic. wired up, anyone have any other suggestions? I'd be happy to hire something if I needed to, anything for a decent nights kip.

TIA.
 
SPL meters are cheap enough... but even so noise laws are pretty vague and I have yet to see what the limits are eg 130db or 90db? and at what distance...
 
Surely something like this needs the Environmental Health People on side?

Not if they can't help you:

Magistrates Court Orders

Where we are unable to help, you can ask the Magistrates Court to make an order against the person causing the noise. Here's what you should do:

•Write down a description of the noise and where it's coming from. Keep a record of your complaints about the noise, noting how often the noise is a problem and how long it lasts, and when you asked them to stop. In this diary also write down in detail how the noise affects you, for example if it keeps you awake or makes it difficult to hear the TV or radio. This diary should be kept up to the time of your court hearing.

•Find out if any of your other neighbours are also being disturbed and if they would be prepared to act as witnesses for you. Any independent witnesses will help you case. You must know the full name and address of the person causing the noise.

•It would be a good idea for you to hire a solicitor to help you with your case.

•The person allegedly causing you nuisance needs to be notified in writing of your intention to seek a court order.

Procedure in the Magistrates Court:

•You will need to go to the Court and collect a summons under Section 82 of the Environmental Protection act and explain your reasons to the Magistrate.

•If the Magistrate agrees that the summons is justified, a Police Officer will take your details and the Court office will issue a summons.

•If the defendant (the person causing the noise) appears and pleads guilty you need only outline details of the case. The Court will then make an order to stop the noise.

•If the defendant pleads not guilty, you will have to give a detailed account under oath and call your witnesses. You have the right to question the defendants witnesses.

•If the Court decides in your favour, it will make an order to stop the noise and if this is ignored, further Court action may be necessary. If you are unsuccessful, you may have to pay the defendant's costs.

Source

So it's a DIY job if they aren't on board.
 
I'd be more concered that the council Environmental health department is not doing the job you pay your council tax for...

I'd speak to your councillor and maybe your MP to get this sorted - otherwise it may end up costing you a fortune.
 
It's now a fully grown Alsation and I'm sure some of you know how loud they can be so the loudness isn't an issue, an SPL meter would be handy but I really need something to help evidence wise so it needs to record/timestamp it so when he denies his dog was barking I can present it as a form of evidence. I've got pages and page of diaries we've kept but they're easily refutable.

Everyone round here's a bit hoyty toyty and would balk at the thought of being a witness in court so I can't really rely on the neighbours, even though I know they have a problem with the dog too (one of them ended up turning a hosepipe on it at about 5am one morning to get it to shut up).
 
I'd be more concered that the council Environmental health department is not doing the job you pay your council tax for...

I'd speak to your councillor and maybe your MP to get this sorted - otherwise it may end up costing you a fortune.

maybe they arent bothered because the dog isnt loud enough ?


what about video recording ? could record the sound and could aim it at a picture of a reliable clock (internet/teletext/skybox) or something for the proof of time ?
 
I'd be more concered that the council Environmental health department is not doing the job you pay your council tax for...

I'd speak to your councillor and maybe your MP to get this sorted - otherwise it may end up costing you a fortune.

I think with the right evidence and a win in court the cost will be covered by my good-for-nothing neighbour.

I never thought about contacting my local councillor though, he/she probably won't do anything but it's worth a squirt.
 
You are now in the clear to poison the dog....
just saying..

Jeremy Vine on his radio2 show yesterday had an extensive section on a village where someone was feeding cats biscuits that had been sokaed in antifreeze. Aparently 1 teaspoon of the stuff was enough to kill a large cat.
Something like 31 in that village and 19 in a neighbouring village had been killed in this way.
 
maybe they arent bothered because the dog isnt loud enough ?

It's loud enough, trust me, it wakes my neices mother-in-law 2 streets away. They're just dragging their heels, they insist that you keep a diary for months on end then they send a letter making empty threats, that's about the height of their involvement.
 
Jeremy Vine on his radio2 show yesterday had an extensive section on a village where someone was feeding cats biscuits that had been sokaed in antifreeze. Aparently 1 teaspoon of the stuff was enough to kill a large cat.
Something like 31 in that village and 19 in a neighbouring village had been killed in this way.

From what I gather, dogs love drinking anti-freeze too, it's the sweet smell apparently.
 
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