Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Have you also spoken to the Council please?
yes I have spoken to the council about it
Are they not willing to install noise monitoring equipment?
they did last year, but insufficient evidence to take it any further
You can take proceedings and seek an injunction,
You would need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
But in order to get an injunction you need evidence.
You need to start keeping a diary of what happens and when
You would not get legal aid for this and have to pay yourself - if you win though you can seek costs
The Court would list it for an initial hearing.
The Court would then decide if the matter is contested to set it down for trial for a final hearing.
In the meantime the Court would consider whether to make an interim injunction.
But this is what you can do to issue proceedings.
But you would need to convince the Judge, on balance that the noise is there and caused by the neighbours.
It will all come down to evidence.
Can I clarify anything for you about this today please?
we have kept a diary. but because of the location of their garden, we cannot put up servalance cameras
But you can use the diary as evidence.
Can I clarify anything?