Legal advice regarding neighbour and shite cars.

[gtd2000]

A mate of mine has had a series of complaints given to the local council and he knows exactly who the complainer is....but of course they cannot confirm the name.

 

He fought fire with fire and gave examples of the same issues in multiple places/locations in the local area and said he would be following up with complaints that he said needed to be investigated - they backed off very quickly after that.

 

I know the chap that complained and can't really see why he needs to poke his nose in. He can be a bit of a pompous arse, if the truth be told but he's a decent enough bloke at the end of the day.

 

I had the pleasure of putting him in his place when he decided to take it upon himself to tell me how the world should be..

 

I've heard nothing from him subsquently and always make sure to give an exaggerated friendly wave each time he passes in the car

[robinmasters]

Saw a big circle right round his house 'Tom & Jerry' style, when you have sawn all the way round his house will drop through the hole and that's the last you'll hear of him.

 

This is terrible advice. If derskine turns out to be a cat, the rest of the world will fall away, leaving only the complaining old giffer's house hanging in space. 

[derskine]

Just an update on this, last night I had a chap come to look at my petrol 18 with the intention of buying it, and guess what, I've been reported again!

[dugong]

Just an update on this, last night I had a chap come to look at my petrol 18 with the intention of buying it, and guess what, I've been reported again!

Same person or a different whinger?

[derskine]

Same guy...

[dugong]

Same guy...

Does he realise that the council have been round and found nothing to support his claims?

 

What a hateful, small-minded person he is. 

[derskine]

He's just doing it to annoy us, he knows they can't do anything.

[dugong]

He's just doing it to annoy us, he knows they can't do anything.

 

But at what point do the council turn round and do him for making vexatious requests?

[garbaldy]

^ they won't that's why council tax is so high

[derskine]

It's not annoying I just can't work out why, I've never spoken to him.

He rode past on his bike whilst I was talking to the guy and made comments, but I didn't hear what he said.

[dugong]

It's not annoying I just can't work out why, I've never spoken to him.

He rode past on his bike whilst I was talking to the guy and made comments, but I didn't hear what he said.

 

Textbook passive aggression on his part. 

[Parky]

Do the council not realise they have been asked to investigate you before by this chump and nothing was found?

 

At what point do they mark this guy down as a time waster and refuse to follow up his accusations? If you had a guy around to look at a car and he reported you, he must be watching you constantly. Is it worth asking him directly what it is about you that he finds so fascinating?

 

I vote for a three day long drum and bass party at your house........

[martybabes]

But at what point do the council turn round and do him for making vexatious requests?

 

They can't "do him" as there is nothing that can be done.  Complainants, even serial complainants, are pretty much free to make a nuisance of themselves by moaning about this, that and the other.  It's only when they start far too many civil suits that things can turn against hem.  That's when they can be labelled as vexatious litigants.  

Per H.M. Courts and Tribunals Service: "A vexatious litigant is a person who has been forbidden by a High Court Judge to issue civil proceedings in any court in England and Wales without permission."

[320touring]

They can't "do him" as there is nothing that can be done. Complainants, even serial complainants, are pretty much free to make a nuisance of themselves by moaning about this, that and the other. It's only when they start far too many civil suits that things can turn against hem. That's when they can be labelled as vexatious litigants.

Per H.M. Courts and Tribunals Service: "A vexatious litigant is a person who has been forbidden by a High Court Judge to issue civil proceedings in any court in England and Wales without permission."

Is there similar in Scotland?

 

Re the fella, either ignore it or buy the Revenge. .

[dugong]

Do the council not realise they have been asked to investigate you before by this chump and nothing was found?

 

At what point do they mark this guy down as a time waster and refuse to follow up his accusations? If you had a guy around to look at a car and he reported you, he must be watching you constantly. Is it worth asking him directly what it is about you that he finds so fascinating?

 

I vote for a three day long drum and bass party at your house........

 

As BV72 and others have said, it's pointless getting into pissing matches. 

 

Ring the council and explain this bloke has complained again, and you want it noting that he's wasting the council's time, as no fault was found in the initial complaint.

 

He doesn't sound stable, this bloke. 

He has some kind of vendetta against you which he refuses to explain, and he's doing it to get at you. 

[Lankytim]

IGNORE IGNORE IGNORE.

 

Or tar and feather him.

[derskine]

I'm not going to speak to him because then he'll know I'm taking notice.

I think brushing it off and ignoring him is the best option, he'll soon tire of it I should think.

He's got issues, certainly.

[dugong]

I'm not going to speak to him because then he'll know I'm taking notice.

I think brushing it off and ignoring him is the best option, he'll soon tire of it I should think.

He's got issues, certainly.

 

 

It's his time to waste, it just concerns me how much of your energy it's taking up. 

[Guest Breadvan72]

There would come a point when you might in theory be able to claim that the complainant is making false statements with malice, and that could make his statements actionable, but you would struggle to show loss, and libel lawsuits are a fool's luxury. Similarly, there may come a point when the complainant's conduct would add up to harassment, but really you are better just ignoring him. If need be, send a polite but firm letter to the council stating that you refute all suggestions that you are conducting a business from your home, and reminding the Council that it has a duty under the HRA to respect your privacy, and a general public law duty to be proportionate in its use of tax funded resources, and that you trust that the council will bear this in mind when responding to any further complaints from the neighbour. Keep any such letter measured in tone. Stay calm, keep the moral high ground, chill out.

[320touring]

There would come a point when you might in theory be able to claim that the complainant is making false statements with malice, and that could make his statements actionable, but you would struggle to show loss, and libel lawsuits are a fool's luxury. Similarly, there may come a point when the complainant's conduct would add up to harassment, but really you are better just ignoring him. If need be, send a polite but firm letter to the council stating that you refute all suggestions that you are conducting a business from your home, and reminding the Council that it has a duty under the HRA to respect your privacy, and a general public law duty to be proportionate in its use of tax funded resources, and that you trust that the council to bear this in mind when responding to any further complaints from the neighbour. Keep any such letter measured in tone. Stay calm, keep the moral high ground, chill out.

Sound advice, all joking aside

[saucedoctor]

There would come a point when you might in theory be able to claim that the complainant is making false statements with malice, and that could make his statements actionable, but you would struggle to show loss, and libel lawsuits are a fool's luxury.  Similarly, there may come a point when the complainant's conduct would add up to harassment, but really you are better just ignoring him.  If need be, send a polite but firm letter to the council stating that you refute all suggestions that you are conducting a business from your home, and reminding the Council that it has a duty under the HRA to respect your privacy, and a general public law duty to be proportionate in its use of tax funded resources, and that you trust that the council to bear this in mind when responding to any further complaints from the neighbour.     Keep any such letter measured in tone.  Stay calm, keep the moral high ground, chill out.

 

Brilliant.

 

As a former Civil Servant myself, I can tell you that a communication as outlined by BV WILL be taken notice of.

 

It goes like this:

 

Civil Servant #1:"We've got a letter from someone who seems to know what they're talking about"

Civil Servant #2 "OH SHIT!"

More senior Civil Servant "Don't bother this man again"

[derskine]

Thanks for the advice Breadvan72.

It's not just the council he's been in contact with though, he's been calling organisations left right and centre, SEPA etc.

It's ridiculous but I'm not going to let it get to me.

[DodgyBastard]

Check out my avatar... It's him!

[the judge]

excellent advice bv. nowt found last time, nowt has changed. ignore and rise above, as revenge may make rest of neighbours uncomfortable and even take sides and start whinging too. balls to that! !

[derskine]

Haha! FOAD's avatar is the guy.

[twosmoke300]

Bv's letter suggestion is spot on . I expect though , that the council's and other people he has moaned at are as Fed up with him as you are.

[DodgyBastard]

Bawbag of the year! by srblythe, on Flickr

[trigger]

He sounds like a right cock muncher

[martybabes]

Bv's letter suggestion is spot on . I expect though , that the councils and other people he has moaned at are as Fed up with him as you are.

 

That's probably true but the Council has a statutory duty to investigate.  Who is to say that an innocent hobby has intensified so as to constitute a nuisance?  That's why the Council is obliged to respond (but it can do so simply by asking the complainant whether anything has changed since its last visit).

 

As BV72 will know, Article 8 of the HRA (Everyone has the right to respect for his private and family life, his home and his correspondence) is not absolute.  

 

For those not "learned in the law", Article 8 then goes on to say:

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. 

[Lankytim]

Seeing as he seems to be pulling out all the stops to try and disrupt your life and basically annoy you i'd have a word with him. Tell him nicely that you're not running any sort of business and that all your activities are 100% legit, and that the council have said as such.

 

I remember renting out a lock up garage where the local busy bodies would call the police on me every time I went to do some work, take photos of me and generally harass me. The whole charade went on for years. One time the chief old duffer came out and accused me of leaving a piece of wood out with a nail in the alleyway for a week and that he'd punctured his tyre on it. I explained to him that it was FA to do with me and he should have picked it up when he first saw it and not wait until he ran it over, I told him to stop blaming everything in the world on me and leave me alone. Suddenly he changed his tune "but you don't understand, I'm trying to help you out". I told him he was a fucking busybody and to stop harassing me. Lost for words, he shuffled off and left me alone after that. To be fair he did die about a month later, but I don't think what I said had anything to do with it.

 

Basically, I think folk change their tune a bit when you talk face to face. Just don't threaten them.