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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if you have any evidence against the neighbour please?
It is a little complicated, but I will try to give you a concise answer.
Thanks - please don't concern yourself with providing too much detail. Just an idea should be enough...
Earlier this year this man was given notice to quit his flat by the owner, but refused to go so the owner had to get a possession order from the court and is now awaiting bailiffs to be appointed. When this started the managing agents started to notice that offensive & defamatory videos were being posted on YouTube, and they noticed that there were some about me and my colleagues who manage the block of flats. We reported the matter to the police, and after lengthy investigations they discovered that although the user names purported to be from different users the IP address was traced back to my neighbour. He was arrested and confessed to all the videos that had been posted, as well as impersonating me and his landlord by email. It was decided to charge him with Harrassment and Malicious communications in August, but when he went to court the Defence asked for 4 postponements. The 5th appearance he pleaded "Not Guilty", and the case is set for 22nd Jan 2014. I am one of the witnesses for the prosecution. We have all the evidence for that. One of the conditions of his police bail was that he should not communicate or interfere with myself or my colleagues at the flats, or the managing agents' staff. Last Friday my flatmate had gone out to the front hall to collect our post and looked up at the cctv monitor on the wall. He could see that the man's wife and 4 year old twins were standing in the car park. Just then the neighbour came down the stairs from his flat and asked "Are you harming the children?". My flatmate didn't answer but walked back to our flat. A little later the police called to interview my flatmate, because the neighbour had claimed John had been stroking the images of his children on the monitor and the neighbour was afraid for their safety. After I explained the whole situation to them the police finally accepted John's version of events (that he wasn't touching the monitor) and decided there was no crime to act on. But now I am afraid to leave my flatmate alone at the flats, and have asked him not to go out in case the neighbour makes up something else, or even attacks John on the basis that he is protecting his children.
Oh dear I bet you are counting down the days! Would any of your neighbours and/or flat mate be prepared to give statements in respect of any application you make for an injunction please?
Furthermore, the 2 officers that visited on Friday stated that there was no furniture in the neighbour's flat, which confirmed our belief that they were actually living somewhere else but were pretending to live at the flat to cause us all grief and financial loss. So this man is not even living in the flats but my flatmate has to avoid him! The police refused to let me submit a complaint against the neighbour, saying that he had a right to seek protection for his children and that he was not intimidating me as a court witness.
Yes they would!
be prepared to give statements I mean
Thanks. In principle you would appear to have ground to apply for an injunction against the neighbour in question. Whether it is worthwhile would depend upon how the landlords possession attempts are going - i.e. there is little point if he is about to be evicted which presumably is progressing along side the criminal case. However if you consider it worthwhile you can consider applying using form N16A
You would need to provide evidence of harrassment and the likelihood of continuing harrassment from the neighbour in question. The criminal charges will be of assistance in your claim as would your own statement and the statement of others. If there are a few of you, you may consider a joint application of course. Any relevant evidence of harrassment by the neighbour can be considered.
Because it is a civil application you only need to show on the balance of probability that harrassment has occurred and is likely to continue to occur. This end would appear to be realistic based on the evidence you say you have though statements of neighbours and your flat mate would likely be fairly crucial particularly in terms of recent events.
Is there anything above I can clarify for you?
Thank you that is very helpful. I have downloaded the form and it looks as though I can submit it to the court myself?
A pleasure. Yes in deed you can submit the form directly to your local county court. There is a fee of £80 to pay on application. If you require an urgent court hearing you can request urgent court time citing reasons for the request.
Is there anything above I can clarify for you any further?
Thank you, XXXXX XXXXX you have covered everything. I think the matter is urgent because this man is very aggressive, and I am very afraid that he might attack my flatmate physically. I don't think he will attack me.
That would be a basis for requesting urgent court time and that the police have not been willing to deal however if he has been aggressive you may continue to involve the police. If there are sufficient complaints they should investigate at least as they will come to regret their decision if god forbid anything were to happen and they failed to investigate despite requests from you and others to do so. The civil injunction can be pursued alongside any police investigation.
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