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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9870
Experience:  I have been practising for 30 years.
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Just to give you a background to my current issue. I have

Resolved Question:

Good afternoonJust to give you a background to my current issue.I have had an issue with the neighbour who lives opposite me for a number of years, as he he has his own business and his subcontractors will come and swap their vehicles over for one of his vans late at night and make a high level of noise.
We reported him 5/6 years ago to the council as did another neighbour because of the noise but he began with minor intimidation's so we let it drop. Then approximately 3 years ago he installed CCTV camera's one of which is pointed directly at our top windows.Last week I left a note on one of their vehicle (on their drive) asking if they could be more considerate late at night as it is a residential area.Two days later I have had a note stating that when leaving the note I have damaged their wiper arm and they have left me photographs of me leaving the note (it does not show me damaging anything - if anything I appear to me leaving it quite carefully. They have informed me that their two CCTV camera "clearly" saw me leaving my house and they have reported me to the police.I have two questions really:-I don't deny I left the note but I know I left it in such a way I couldn't have caused the damage they are referring to - but how can I prove that.Should they be recording our property and is their anything we can do about the camera pointing at our top windows as I feel it yet another form of intimidation it is making me uncomfortable in my own home and ill?Any advice would be greatly appreciated.
Submitted: 21 days ago.
Category: Law
Expert:  F E Smith replied 21 days ago.

Hello when you mean by your neighbours 'minor intimidation'? and what is this neighbours company and how many cars/vans are being moved at night?

Customer: replied 21 days ago.
HiThanks for coming back to me.
Silly things like coming to the edge of his drive to watch me reverse on and refusing to break eye contact. Hardly anything you could report him for but enough to make me hate returning homeLately it has never been more than 1 van/car being moved and they had been quieter lately. I left the note in this instance because I genuinely do not have the emotional strength for the noise to start up again. I have been taking an anti anxiety every night for the last 5 years because I developed insomnia from being woken up.I have tried to ignore the CCTV and had thought they just had one camera trained on the property now I know it is two my level of discomfort and anxiety has escalated.
Customer: replied 21 days ago.
Sorry I didn't notice one of your questions it is a shop fitting company.
Expert:  F E Smith replied 21 days ago.

To damage a windscreen wiper requires a considerable amount of force and the CCTV would show that. Therefore, it is likely to assist you rather than not.

Don’t be at all surprised if you don’t hear anything from the police. They are trying to intimidate you.

This is a business and hence they should be registered with the Information Commissioner under the provisions of the Data Protection Act in order to be able to take what is clearly a recording for commercial purposes.

Following needs to be in writing. Better coming from a solicitor: Ask them to confirm that they are registered with the Information Commissioner and asked them to provide you with the number. Tell them that you are making a Subject Access Request under section 7 of the Data Protection Act and that you require a copy of all the videos which they have in their possession on which you may feature. You have to send a statutory fee of £10. They have 40 days to reply after which you can refer the matter as a complaint to the Information Commissioner. This doesn’t apply to any video which is Private and not in relation to a business (these appear to be business vehicles) or which is only pointing onto their own to which the public have no access ordinarily.

The more people make a complaint about the noisy comings and goings in the middle of the night, the better. It should be referred to the Environmental Health Department at the local authority who have the power to issue a noise abatement notice.

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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