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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to ask a question on this subject.....if you look at

Resolved Question:

I need to ask a question on this subject.....if you look at my previous messages, it has been going on for years. We are currently taking out a civil action against him for intentional flooding of our property. He continues to blow his car horn every time he goes past our house, verbal and written harassment....it is endless. The police have been involved many times, but to date have been unable, or unwilling, to take action against him. Today we caught him standing outside our house, taking photographs (from just a few metres away). We are spooked to say the least....but when we reported it to the police, they said that he may have been taking pictures of butterflies!!!! They say they will speak to him, but we have zero confidence. Is it legal to do this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you know WHAT he was taking photos of please?
Customer: replied 1 year ago.

It is not the first time he has been recorded taking photographs of our house, but in the past it has been from maybe 200 yards away in an adjacent field. Today he was outside the front of the house, directing his camera into our lounge window. From the CCTV he took three photographs.

Expert:  Ash replied 1 year ago.
The Council wont do anything about the camera?
Customer: replied 1 year ago.

I'm sorry? He stopped on his bicycle and took out a compact digital camera to take the photographs? I don't understand what the council have to do with it?

Expert:  Ash replied 1 year ago.
Sorry I misunderstood. I thought from the chat he had CCTV direct into your window, but I see now your CCTV caught him.
How many times has he done this?
Customer: replied 1 year ago.

This is the first time we have caught him taking pictures so close to the house, but we have several CCTV clips of him taking pictures from the field.

Customer: replied 1 year ago.

Are you still there???

Customer: replied 1 year ago.

I assume that this conversation has been closed for some reason? I also assume that no money will be take from my account.

Expert:  Ash replied 1 year ago.
Sorry yes I am here. I was just having dinner.
why dont the Police do anything?
Customer: replied 1 year ago.

The police say they have to speak to him before deciding if they can do anything. If he says he was photographing a butterfly for example, we understand they wont take action. I need to know if he is an offence before the police see him.

Expert:  Ash replied 1 year ago.
Ok. You can get a solicitor to write and ask him to stop or say you will go to court and seek an injunction, this could be harassment where his conduct is causing you distress. If he refuses then you can issue proceedings in the county court using form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The court will list the matter for hearing and decide whether to grant the injunction. If the court does and he breaches this is contempt of court which he can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

All of the above will cost a lot of money, which we do not have. The civil case we are taking out against him for intentional flooding, is covered by our legal insurance but we are not covered for harassment - this is why he continues to get away with his constant bullying tactics. Given his history, shouldn't the police be able to do something to stop him? This would at least give him a fright (although he appears to have little respect for the police).

Expert:  Ash replied 1 year ago.
The police can warn for harassment, but they may consider it a civil matter. If they do you need to complain to the Chief Constable.
It is harassment. Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Final question please: The police have said previously that they cannot prosecute him for harassment unless he pulls a gun (or some such physical threat). Incidentally, in 2007 he fired into our workshop but the police took no action because they said phorensic investigation on the bullet would be too expensive....he still has a firearms license and holds several guns. Are you saying that as this is (obviously) harassment they should be taking action against him?

Expert:  Ash replied 1 year ago.
No. The test for harassment is this: Whether conduct causes alarm, harassment or distress and they know or ought to know it does. Clearly this conduct is harassment.
Does that help?
Alex
Customer: replied 1 year ago.

Yes, thank you.

Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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