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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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There, My car is parked at my house on a piece of tarmac

Customer Question

Hi there,
My car is parked at my house on a piece of tarmac that has no fence around it (others may drive across it to park their cars, but only I can park on it), but it is owned by myself. I keep having kids that live at a nearby house, playing football nearby, continually kicking balls which hit my car and scratch it. I have told them continuously to stop playing football round there but you know kids - in one ear and out the other. I have also had casual non-confrontational conversations with their parents about this. They understand my issue but do very little to prevent it happening in the future.
There is a covenant on the development stating that people "will not cause nuisance", and also they are kicking the balls onto my property. I have spoken to the community support police officer, and this has been reported by other people as well, so I am not the only person that is getting upset about it.
Aside from pursuing criminal action against the children's parents (I can prove it is their children that have caused the damage as I have cctv of it), can someone please give me some advice as to how I should proceed please? Thanks in advance.
Submitted: 8 months ago.
Category: Property Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.Have you reported this to the Police? Has any damage been caused please?
Customer: replied 8 months ago.
Hi Alex,I reported this by phone to the PCSO last time it happened. I told her that I wanted this recorded but no further action taken last time. I have just emailed her to ask her to call me to discuss again.In terms of damage, the paint on my car has been scratched past the point where it can be repaired by polishing, ie it would need to have sections resprayed. This is now the third time this has happened. Thanks.
Expert:  Ash replied 8 months ago.
What is it you want to achieve? You want the children to pay for this?
Customer: replied 8 months ago.
Almost every day that I am at home, I have to go outside and tell them to stop playing with balls near my and my wife's car (hers has also been damaged). What I want to happen is for them to stop playing with footballs near our cars so I don't have to stop what I am doing every time I am at home, to move them along. If I don't move them along, my car will just get damaged again.
Customer: replied 8 months ago.
To add to this, I don't want to create an atmosphere between myself and my neighbours, but I do want whichever route I take, to be legally enforceable if they refuse to cooperate. Thanks.
Expert:  Ash replied 8 months ago.
Have you spoken to the parents please about your distress ?
Customer: replied 8 months ago.
I have, they are apologetic and clearly embarrassed about their children's behaviour, and I heare the father having a go at the kids inside. However the next month we are back to square one. I have just asked them to stop their kids from plaging round there, I haven't yet said "if they scratch my car again I will call the police to report criminal damage and get you to pay for the damage". I am trying to keep it pleasant as my wife doesn't want a confrontation between them and her when I am not around.
Expert:  Ash replied 8 months ago.
Do you want the police involved?
Expert:  Ash replied 8 months ago.
You said you don't want to create an atmosphere
Customer: replied 8 months ago.
Well priority 1 is for me to stop my property getting damaged.I would like to not fall out with them over this, but I'd rather have neighbours I didn't speak to, than keep incurring financial losses.
Expert:  Ash replied 8 months ago.
Ok -you should report it to the Police and potentially if the children are above 10 then that is enough for them to be prosecuted. You should do this as its the cheapest option as its free for you and the Police deal with all the work.So make sure you report this and the Police can take action.Otherwise you would have to take a civil route that can take longer and indeed be more expensive as you would have to pay for Solicitors for this type of matter.So make sure its the Police route.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 8 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 8 months ago.
Hi,What sorts of costs are involved with going the civil route, and what sort of action can be taken please?
Expert:  Ash replied 8 months ago.
£280 to issue the claim, £750 to hear the claim (Court fees) and then around £10,000 if you employ a Solicitor.Does that clarify?Alex

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