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My neighbours 8 dogs are barking throughout the day for long durations between the hours of 6am to 10pm. I cannot go outside into my garden without the fear of them barking loudly in my direction and find this to be a considerable nuisance. I recently put my property up for sale and a potential buyer viewing it grimaced when they were confronted by the dog's barking while walking around my garden. I have written to my neighbour and kindly requested her to do something since the barking is affecting the enjoyment of my property but she has failed to respond and/or control her dogs barking. I understand that I might be able to bring about a prosecution under the Environmental Protection Act but I would like to write to my neighbour again and inform her in a forceful yet polite manner of my intention. Consequently, I would be very grateful if you could help me draft a couple of points in such a letter.
Hello my name is ***** ***** 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.
Have you complained to the Council please?
I have absolutely no faith in my council and do not wish to involve them.
In that case you can bring a claim under the Act.
But you are unlikely to get legal aid due to cuts - but the Council may prosecute and there would be no charge.
So yes you can bring a private prosecution in the County Court under the EPA
Can I clarify anything for you about this today please?
My question is I would like to draft a few forceful but polite points in a further letter to my neighbour of my intention to prosecute.
Can you help me with this please?
All you need to do is set out your position.
Start keeping a diary
Say what has been going on how long and for when
You should say unless it stops within 7 or 14 days you will go to Court and seek injunctive relief
Does that help?