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Jamie-Law
Jamie-Law, Solicitor
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I have a court case against neighbours for boundary breaches

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I have a court case against neighbours for boundary breaches through County court for small claims. We have served statements on each other on the final day required to be issued 1st Sept. Theirs however goes out of scope and into harassment allegations and makes a great many false accusations of a horrendous nature as they are using a solicitor who clearly knows the system. I have been harassed by the family and their associates for 3 years, the Police have been useless and I complained about one 2 years ago informally to her boss, shes had her knickers in a twist ever since knocking back and denegrating everything I've ever highlighted and appears supportive of the neighbours which is distressing. There is an email chain between them following a visit they received last year when they were to be issued with a CPW where she advised I had recorded evidence of behaviours, a month later they make an allegation of harassment that Im recording them on their property videoing and photographing their 21 year old daughter and I had the Police round, explained its all rubbish and in retaliation for their Police visit and getting a Council noise letter. Nothing like this was put to me and I explained they have the evidence I had and the allegations are lies, they advised be discreet when obtaining evidence and try and keep away from them, nothing like the false allegations. Yet the email from this PCSO highlights : I have been told I cant record everything they do, that they will speak to my CMHT about me and pull together a joint meeting to see what can be done about me, in response to the neighbours emails about the above. Yet these are lies, I wasn't told this- it was I highlighted, the CMHT had never been contacted by her and the Multi Agency meeting was set up by Council ASB dept as I had been liaising with them about their behaviour as I was not getting anywhere with the Police and it was about what can be done about 'their; behaviour not mine, and the ASB emails prove this as do the minutes of the meeting. This si not the first time they have made false allegations to the Police and the Police reports I received from a Subject Access request paint this picture of me being paranoid and playing on my illness of Complex PTSD to victim and illness blame which was brought up at the 2nd multi Agency meeting and the CMHT confirmed i have no diagnosis of psychosis and doesn't agree with the Police interpretation and that they have made things worse, yet they wont change Police reports as 'its a matter of perception'.
I have been advised to make a formal complaint to IPCC, however I'm scared stiff of doing this as the informal complaint got their backs up and have been liaising with the local MP who is aware of how useless the Police and Council are at resolving issues, however I am nervous about them making a complaint on my behalf which they haven't done as yet. They wanted the info as many people have complained about the Council and Police not resolving ASB in the area.
Back to the court papers : As they have introduced many false allegations to give the impression I am public enemy No1, when I am a vulnerable adult having been subjected to a family and their associates harassment and intimidation and false accusations in 21 different behavioural areas, I asked the court if these could be taken out, but apparently not and there is nothing I can do as the statements and documents wont be looked at until the hearing date.
I wrote to the court and the Defendants solcitors advising I will be addressing these out of scope areas, however today I received an email from the court advising any additional evidence will require the appropriate application form. I really don't want to have to defend against horrendous false accusations - as this is not the only one they have made numerous others some along the same lines and others about different aspects turning their behaviours into mine.
I don't know what to do or if there is a complaint process I could use to complain about the Defendants statement, which is clearly to prejudice the judge in the case.
Thank you

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Hopefully, we can get this resolved quickly.

If you need to contact customer services you can do so by calling free on: 0808(###) ###-####or by email: *****@******.***

You may get a request offering you a telephone call. I am more than happy to do this for you but please note that this is a premium service and therefore attracts an additional charge. This charge is not instead of asking an online question but in addition to. You do not have to accept a telephone call and if you do not wish to have it, please do not click on the request for one. Should you do so then you will be charged for the call.

I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

As per the Civil Procedure Rules, they can only raise allegations that were in the defence.

Nothing else.

That is because the defence is a document which sets the foundation of a case for this very reason.

The Civil Procedure Rules states:

16.5

(1) In his defence, the defendant must state –

(a) which of the allegations in the particulars of claim he denies;

(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and

(c) which allegations he admits.

(2) Where the defendant denies an allegation –

(a) he must state his reasons for doing so; and

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

(3) A defendant who –

(a) fails to deal with an allegation; but

(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,

shall be taken to require that allegation to be proved.

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –

(a) state why he disputes it; and

(b) if he is able, give his own statement of the value of the claim.

(7) If the defendant is defending in a representative capacity, he must state what that capacity is.

(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.

Therefore if it was not pleaded in the defence it can not be rasied. So whilst it may be in evidence in the form of a witness statement a Judge should ignore it.

They would need to apply for permission to amend their defence so these new documents are included. If they do not, then they can not raise it.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 12 days ago.
Im just reading it a few times and I'll get back to you in a few minutes - thanks

sure.

sure.

Customer: replied 12 days ago.
These additions were not in the Defence Document that was presented at the initial hearing in July - I made a brief mention in the application/particulars that when they reneged on agreements in June 2019 their harassment worsened, and they denied harassing me. I had included mediation details to prove they were lying about everything but the court at the initial hearing asked me to remove them as they were confidential and set a court date for the final hearing of Dec this year. I resubmitted the amended application and particulars as requested and sent the Defendants solicitors amended/redacted documents that included reference to mediation discussions. The following court notification asked us to forward Witness statements to each other and this is when they introduced other aspects. The case is about breaching rear boundary agreement, they have made it into accusing me of stopping their front extension going up by putting a fence on my garden along the boundary as they want to put foundations on my garden stating a cert B I put my name on from the Council Planning gives them the right yet planning dept says is doesn't. Also these defamation accusations and other outright lies about me making people uncomfortable and threatening people which hasn't happened and projecting their behaviours onto me, none of these were in their Defence document which was very basic denial of everything presented to them. So what can I actually do ? as the court advise nothing will be looked at until the court hearing date and an email today shows if I want to supply additional evidence of addressing these out of scope areas that I need to complete an application. What I wanted was to have someone at the court redact or tell them to redact these offensive comments and resubmit the statement prior to the court hearing, so is there any way i can do this or make a complaint ? thanks
Customer: replied 12 days ago.
By the way an amount of £44 came up I presume for a phone call, as I joined with £5, any clarity on the cost of this - only because Im on low income now as Im really ill and cant work anymore - was Building Society manager and IFA.

Then you do not need to do anything.

I hope that helps.

Customer: replied 12 days ago.
I don't quite follow the answer - is there nothing I can do to make a complaint or anything else and that I just need to leave it and try and have it struck out at the court date ?

Nothing you can do at this stage.

It wont be struck out. It only wont be permitted.

You can make an application its not allowed as evidence.

You need to complete form N244:

https://www.gov.uk/government/publications/form-n244-application-notice

There is a Court fee of £255 to pay
I hope that clarifies.

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you Jamie

My pleasure