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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My neighbour has fired a number of air gun pellets at my property. He

Resolved Question:

My neighbour has fired a number of air gun pellets at my property.
He has caused damage to metal chimney stack and roof - I called the police and they found pellets in the garden
Of course he denies it to the police but the direction of the pellets must have come
From his property. He definitely owns such a gun and has already
Objected to the council about our wood burning stove and taken pictures and video
We live at the top of a cul de sac and he does not easily
Communicate with any neighbour
Whilst the police are pretty sure he fired the shots they are
Questioning him under caution today and they don't believe
He will admit the offence
Given we live in a generally secluded area should I try a civil claim for damages
Given that it seems highly unlikely any one else could have fired the shots?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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.

Alex Watts :

What is the value of your damages please?

Customer: Chimney originally cost £1100 but it is only 5 dents in the top section day £200
Customer: and one end roof section maybe £18 - it is more the principle than the damages and enduring he doesn't do it again and think he can get away with it by bit being seen actually firing
Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If he does not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Given the value is £1300 or so it will be a small claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer: What if he denies it?
Alex Watts :

It does to a hearing and a Judge decides who is right

Alex Watts :

All you need to show is that on balance, he did it.

Customer: Given the circumstances would you find in my favour?
Alex Watts :

I can't say for sure, but there is no other explanation

Alex Watts :

Does that help?

Customer: And that would be the balance of probability that he did it?
Alex Watts :

Yes, you need to show 51%

Alex Watts :

Can I clarify anything?

Customer: Do I need to write within 14 days of the incident or simply ask for settlement within 14 days?
Alex Watts :

Ask settlement within 14 days is fine

Customer: Can i ask for new section of chimney even though the damage is light?
Alex Watts :

No.

Alex Watts :

You can only ask for repair

Customer: What can I ask for then?
Alex Watts :

Repair costs

Alex Watts :

Only if it is cheaper to repair than replace can you ask for that.

Alex Watts :

If it is cheaper to replace then you ask for that

Customer: Ok sorry missed your reply
Alex Watts :

If it is cheaper to replace than repair can you ask for that.

Alex Watts :

Basically whichever is the most cost effective option

Alex Watts :

Does that help?

Customer: So to prove that he can't do stupid things and think he can get away with it then I should ask for damage repair however small
Alex Watts :

Yes

Alex Watts :

Can I clarify anything else?

Customer: Thank you - very helpful
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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