Hello my name is ***** ***** I will help you.
Have you complained to the Council at all please?
If so, what have they said?Alex
Have they installed noise monitoring equipment?
You may have a case but you need noise monitoring equipment. Without that if you took it to Court a Judge would ask where is the evidence? You would say you have a witness statement, but a Judge will say how do I know what level it was?The Judge will need independent evidence to show what the noise is and how often it is happening.
Therefore before any case can proceed you need this noise recording levels evidence.
Once you have that, then yes you may well have a claim. But you cant bring a claim until you have this evidence.
Can I clarify anything for you about this today please?Alex
You can video, but sadly that does not show noise levels. A Judge will need some indication of levels for evidence.
Does that clarify? Alex
Yes you can certainly get it to show that. If you are concerned about foundations you may have to get a buildings survey if you think damage has been done
Get the readings, issue a letter before action and then sue.
Yes I agree. But the Civil Procedure Rules require that you send a letter before action. That is a requirement of the civil Courts.
Probably 2 weeks. Yes there is a cost.
County Court fees are listed here. You will see there is a hearing fee and issue fee.
The Court issues a claim they either admit or deny it. If its admitted the Court decides how much you will get. If its denied then there is a trial and you have to prove there was a noise nuisance etc, which is where the equipment readings come in.
It would need to be over a couple of weeks the evidence.
Yes although the Court fees may be different.
You can do this yourself but really you should get a Solicitor to do this for you.
If the claim is over £3000 its not a small claim and you would be liable for the legal fees of the other side if you lose.
Does that clarify?Alex
If its related to the same question, no
If its a new question on procedure or something else, then yes.
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
And I appreciate your question Heather. Good luck