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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I make a civil claim damage or vandalism to my hedge? I

Resolved Question:

Can I make a civil claim for criminal damage or vandalism to my hedge? I know who did it but don't have proof and my local police refused to look into it. The damage is unbelievable, a beautiful 30 year old hedge savagely destroyed by my neighbour. It will cost a lot of money to clear the devastation and make the area look reasonable.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

How do you know who did it if you didn't have proof please?

Alex

Customer: replied 11 months ago.
My neighbour has tried to get me to get rid of the hedge to make more room for his several cars. The hedge used to corner his drive BUT WAS NOT A NUISSANCE. My gardener has maintained the hedge beautifully for 11 years, he always cuts it all back at the end of the growing season. On several occasions my neighbour has asked the gardener if I would have the hedge removed and my neighbour offered to help do the work. My neighbour and his wife have been very keen to get rid of the hedge. He has destroyed the hedge to make more room for his cars, it was reckless and the resulting mess is an eyesore.
Customer: replied 11 months ago.
Don't want to discuss by phone thank you.
Expert:  Ash replied 11 months ago.

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 signed delivery and keep a copy.
If they do 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?

Alex

Customer: replied 11 months ago.
Hi
Should I get a quote from a landscape gardener for the cost of the remedial work?
Do I definitely have a case without actual proof?
Thanks
Expert:  Ash replied 11 months ago.

Yes I would do so. Yes you can win a case if you can show on balance it was that person.

Does that clairfy? Alex

Customer: replied 11 months ago.
Very helpful, thank you. I know exactly what to do now, excellent service.
Expert:  Ash replied 11 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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