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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 4
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Our neighbours have been harassing us

Customer Question

We are a 59yr old couple, our neighbours have been harassing us for some time, since I had to retire from my business of 20yrs as a driving instructor due to ill health.  But the police will do nothing as the house is now owned by their daughter and son in law a Police Officer as they sold it to them in 2010. |

Also the police have now issued me with charges, lied and fabricated evidence against me, charging me with breach of the peace after their 25 yr old son assaulted me when I tried to speak to him about the cctv cameras and flood lights they are now using to harass us.

They first started harassing me when I had to stop work about 7 yrs ago, shouting things at me like you should not be on benefits the government's going to sort you out, not that I have claimed any benefits in the last 5 yrs.

They are harassing us now after fitting 5 cctv cameras and 6 floodlights round their 3 bedroom semi detached and pointing most of them directly into our home, drive back and front garden.

One of the cameras and 2 floodlights are mounted on a tree stump in their front garden, approx., 5 meters in front of our front windows and door pointing directly at us, and the flood lights activate as soon as we open our door.

Things got much worse, and we stopped speaking to them after they put 1 foot x 2  foot slabs for the top of a wall over the original driveway boundary narrowing our drive. I told them these slabs are not suitable to be laid on a drive and the next day the wife hit them with her knocking 2 off with her car and chipping the top of one. Then few days later our son in law touched the same end one with his car wheel and it moved a bit.

The next day they sent a video of my son in law and my daughter in their car when it touched the slab, to his employers fraudulently claiming them. But we only think they did it to cause trouble (what does it cost to push a loose slab back in position) and as our son in law had just started that job we were very annoyed as he could have lost his job.

The police refuse to help and say they are allowed to point cameras and lights at us and send a video to a third party as they keep telling us that the neighbours have had a car scratched. It seems that they are blaming us for that, we have lived beside these people for 30yrs and have never been anything but pleasant to them. We did not scratch it the car is used daily, they had a camera above their drive at that time and they could have so easily scratch ours, plus they have had scratched cars in the past, so why do we have to suffer for this. Could it be because the house is now owned by a police officer and his wife.

We have also tried to get help by writing to the chief of police scotland, MSP,MP,CAB,planning department,victim support but no one has helped.

It has been affecting our health and I am now taking anti depressants and sleeping pills from my doctor, also a week after the assault on me I broke the camera and light that points in our front window as I was ill with lack of sleep and the stress of all the police lies, charging me with breach of the peace after I was assaulted, I did nothing wrong that day, I just asked their son politely if he could get his parents to move the cameras and lights a bit.

I am now waiting to go to court and have this to worry about as well  all the harassment,  police lies and fabricating of evidence against me.

We have never had any trouble with police or anyone ever until they started this campaign of bullying and harassment when I stopped work.

Also we do not think they should have been allowed to send a video from their ccctv cameras to a third party, especially after the ruling that was made in December 2014 by the European Court of Justice. This ruling states that any footage taken outside of their garden is subject to data protection and is not purely personal use. I discovered this after emailing the ICO.

This has cost us over £2000 so far by getting a fence for our drive and legal defence for my charges. I do hope you can help, as both my wife and myself are ill with stress and sleepless nights, we don't understand why we have to suffer like this, we only wanted to live the rest of our lives in peace, and I am worried one of us will become seriously ill.

We cannot find a lawyer in our area that knows much about domestic cctv and harassment.

Please can you help.

Submitted: 1 year ago.
Category: Scots Law
Expert:  Jamie-Law replied 1 year ago.
Alex Watts :

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

Alex Watts :

For now please let me now whether you have complained to the Council at all?

Customer :

Hi Alex

Customer :

yes we have complained to the council and they have just referred us to the planning department for our area Lomond and trochachs national park. They have sent someone from planning out about the cameras but the said there was nothing they could do under planning.

Customer :

We do not live in council property as we own our home, so don't think the council will do any more about the cameras and lights as we have contacted them twice.

Customer :

I have a criminal defense lawyer dealing with my case but he only is interested as expected with getting me of with the charges. I have no income at the moment as I cannot receive benefit due to my wife's earnings, so we are have to pay for all this from the few savings we have. My lawyer says he will not be pursuing any video footage, but I feel if there is video footage, it will show the police are lying about me.

Alex Watts :

Have they installed noise monitoring equipment please?

Alex Watts :

Have you kept a diary of the harassment?

Customer :

We intend to spend every penny we have to try to stop these bullies harassing us.

Customer :

No no noise monitoring

Customer :

I have pages of information about recent incidents such as the assault and photos of the cameras and lights pointing at us but I have no record of the shouting things at me.

Alex Watts :

You need to get a Solicitor to write to set out your position to ask the harassment to stop or say you will go to Court.

Customer :

I also have a copy of the citations sent to me and my version of events that are nothing like what the police are saying.

Alex Watts :

You need to start keeping a diary about incidents as you have been doing.

Alex Watts :

If they refuse then you can seek a civil injunction.

Alex Watts :

You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Customer :

Ok

Alex Watts :

The court will send the other side a copy and list the matter for hearing. If the matter is contested the Judge will consider giving directions to set the matter down for a final hearing and decide whether to make an interim order

Alex Watts :

If The Court makes an order and it is broken they could be in contempt of Court. They could be warned, fined or sent to prison

Customer :

OK thanks for this

Alex Watts :

EXTRA INFORMATION FOR FREE: The court is likely to warn first of all rather than just send to prison for a first breach

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

Not at the moment, the only thing is will the cameras and lights be able to be shown as harassment as that is the main problem. At the moment they are saying nothing to me as they probably no we now have to carry recording equipment with us

Alex Watts :

Yes video footage will help in Court for you

Customer :

But the video footage will be thiers. I was meaning their cameras and lights they are using to harass us now

Alex Watts :

Yes that can be used to show they are harassing you.

Alex Watts :

That is what I mwant

Customer :

but they are not going to give this footage to the police

Alex Watts :

You can ask the court to order it is disclosed when proceedings are started

Customer :

especialy since the police are already lying to cover for them, they can do no wrong acording to the police , no mater how many times we have complaind to the police about the harassment not once have they even spoken to them about ther harassment

Customer :

No one will believe us when we say the police are on their side due to the house being owned bu a police officer.

Customer :

Thanks for you help we will have to try and find a good lawyer who can help us in our area about the harassment, but no one seems to have much knowledge of domestic CCTV law.

Alex Watts :

indeed. Can I clarify anything else for you today?

Customer :

What would a civil injunction cost approx., as I expect it will be very expensive

Alex Watts :

If you do it yourself just the Court fees, but if contested around £3000 or so

Customer :

Do the forms you told me i need apply to Scottish law

Alex Watts :

They dont - let me get the right forms there:

Customer :

Does that mean we will need different form for Scotalnd from our own solicitor

Alex Watts :

Yes you will need different forms, I didnt realise you were in Scotland - my fault.

Alex Watts :

Let me get this transferred for you.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Thanks I will wait.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola

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