Injunction threatened

[gd]

has anyone ever been threatened by their neighbours to have an injunction put upon them to stop flying the pigeons??? if so what was the outcome

 

the nutter next door has been to see a solicitor after failing with the council planning and environment depts and he reckons the birds are causing damage to property a nuisance and disturbance including trespass , he has indicated he wants a day in court and wants to bleed my pockets dry.

 

anyone any experience with things along these lines????

[Bluedoo]

No, but speak to your union.

[pjc]

Are your birds out all day or just excercised and shut back in?

If they are only out for excercise twice daily etc then ask him for proof of his acusations.

[kirky]

has anyone ever been threatened by their neighbours to have an injunction put upon them to stop flying the pigeons??? if so what was the outcome

 

the nutter next door has been to see a solicitor after failing with the council planning and environment depts and he reckons the birds are causing damage to property a nuisance and disturbance including trespass , he has indicated he wants a day in court and wants to bleed my pockets dry.

 

anyone any experience with things along these lines????

I think it will be his pockets that would be empty,it would be hard to prove that your birds and not wild bird are the cause, unless thay are going in his garden, he would need to take pics of the birds doing damage and to prove that the birds were yours, call his bluff tell him you have been told it wont cost you a penny,but it will cost him a fortune, all the best.

 

 

[BLACK W F]

Grant go round and talk to him with your boot on his throat he will see your point of view than  he got no chance of winning   speak to union sec the guys a bam  he will get no where

[Guest mick bowler]

has anyone ever been threatened by their neighbours to have an injunction put upon them to stop flying the pigeons??? if so what was the outcome

 

the nutter next door has been to see a solicitor after failing with the council planning and environment depts and he reckons the birds are causing damage to property a nuisance and disturbance including trespass , he has indicated he wants a day in court and wants to bleed my pockets dry.

 

anyone any experience with things along these lines????

 

Wheres his proof, you can't make any legal claims or implement an injunction without proof or evidence, and will be chucked out and he will have to pay your costs if he looses. Tell himto carry on, the very fact that the enviromental health and council is not ineterested will help your case. Don't act til you get a solicitors letter. If he goes ahead seek legal advice.

 

Had the same never went any further than a letter back to him.

 

[Guest strapper]

i would get in touch with your other neighbours to ask them to sign a petition to say they cause them no nuisance.

then get your brain working and find a thing about your neighbour you dont like and threaten action for what you find on him.

try having a chat stating that no one will win and that it will only provide a divide between you both in the future .

if that fails get grant and phil around...maybe peggy too!

[john@formula 1 lofts]

As Strapper said do some digging on him - This type of thing happened to a club mate of mine and he went a round and said if my birds end up going so will you caravan you like to use most weekends as it says in the deeds no caravans or boats just after it says no birds to be kept in the garden.

 

funny enough they both agreed to call a truce

[pigeonpete]

Did you get on ever? or does it stem from more than the pigeons? has something else upset him?  :-/

[pigeondan]

has anyone ever been threatened by their neighbours to have an injunction put upon them to stop flying the pigeons??? if so what was the outcome

 

the nutter next door has been to see a solicitor after failing with the council planning and environment depts and he reckons the birds are causing damage to property a nuisance and disturbance including trespass , he has indicated he wants a day in court and wants to bleed my pockets dry.

 

anyone any experience with things along these lines????

 

Anyone can raise an action against anyone, whether the procurator fiscal will act on it is another matter, the fiscal will probably throw it out before it waists any court time. Some solicitors will take the neighbours money and raise an action or if they are good will advice him on the council and environment departments findings and probably tell him he is waisting his time as the it won't get past the court clerk, your neighbour obviously does not want to listen he wants to take it further if he can

How can you serve an injunction for trespass on racing pigeons that at one time or another have to be liberated, your neighbour sounds like a right tw#t

###### and Chickadee went through a similar thing but it never got past  the council departments, it turned out to be another neighbouring fancier if you can call them that, that was instigating the trouble all because they were jealous of their set up :-/

 

[Guest grizzler]

your neighbour sounds a right t..t tell the moron to get a life.....hope you get a suitable outcome to this

[Guest shadow]

I sought legal advice and my solicitor said we will put a letter out to the whole estate that you will get rid of the pigeons if and when the whole estate abided by the deeds on their propertys ie no caravans parked on the drives no hedges or wall round the front gardens must be open plan all cars to parked on drives or in the garage etc. needless to say the petion died a death without going to court cost me £40 for the soliciters advice never sent the letters out just told the local gossips and the word got round. this happened after the pigeons had been there for four years. :)

[gd]

cheers for all the advice

 

Alan I would love to punch his heid in , but unfortunately I think that's what the weasel is wanting me to do lol. I lost one of the birds from David due to the tw=ts antics......

 

spoke to the union and they gave some advise , also spoke to my insurer and they have advised me to be nicey nicey suggest mediation etc etc.

 

my plan is to act 'dumb' request further details from his solicitor time and time again and run a bill up for the wanker . then when or if it gets 'iffy' for my position my insurers should take over the legal fight

 

game on

 

 

[blaz]

wish you the best of luck.it,s when i read something like this that i realise how lucky i am with the neighbors i have. my next door neighbour herd me having a mone about not having enough space .she said to knock fence down and put a loft in her garden . hope you get it sorted .

[Delboy]

cheers for all the advice

 

Alan I would love to punch his heid in , but unfortunately I think that's what the weasel is wanting me to do lol. I lost one of the birds from David due to the tw=ts antics......

 

spoke to the union and they gave some advise , also spoke to my insurer and they have advised me to be nicey nicey suggest mediation etc etc.

 

my plan is to act 'dumb' request further details from his solicitor time and time again and run a bill up for the wanker . then when or if it gets 'iffy' for my position my insurers should take over the legal fight

 

game on

 

 

Good luck m8, just of a matter of interest, maybe a word in this arses ear from certain people might keep him a little bit more amicable. Think how this would be dealt with in Glasgow m8  

[Guest Owen]

I am not a lawyer but I have had quite a bit of experience of legal situations.

It is better for you to be a defendent than a plaintiff. Courts are always a bit suspicious of people who make complaints.

Make sure you do not get involved with your neighbour. You can not risk giving him the initiative by doing something like threatening him. Cool head now.

Keep the letters from the Council. They will be worth their wait in gold. Do not tell him you have them (or anyone else).

Check with the neighbours to make sure they are all OK with the pigeons, as has been said, but do not do it yet. You will risk small talk and gossip which you do not want.

If this does come to Court, you will succeed or fail by how well or badly you prepare. If you decide to employ a Solicitor, do not leave the preparation up to him/her. Make sure you stay in control and provide all the evidence to them.

I always conduct my own affairs at Court. I always prepare really well and then ask a friend to allow you to put your case to him/her. Get your friend to look for weaknesses in your case and prepare your answers. The strong parts of your case will be fine standing on their merits, it is the weak bits you need to look at carefully.

In Court, you can always ask to ask you neighbour to answer questions. Write down the questions you want to ask. Take your time doing this because you want to put him under pressure. And then make sure you can ask his wife or another neighbour similar questions. The idea is to receive differant answers from each person so that you can show that one of them is lying or exagerating.

Dress well. Speak quietly and clearly. Do not show any sign of being nasty but you must appear determined. And look who ever you speak to in the eye. When you need to look at your notes, do it in your own time and do not hurry or panic.

All English law is founded on the idea of "The Reasonable Man". What would a reasonable man do in those circumstances? So your job, with or without a Solicitor, is to show that you have been entirely reasonable at all times, while you neighbour has been entirely unreasonable. Better still, if you can show that he has been wasting the Court's time the Judge will jump all over him for that.

That is why you must not show your hand, because you can not afford to warn him about what you are planning.

This a case that you can win, and after it is over you will have gained a heck of o lot of experience which will do your confidence a power of good.

If I can help any more, get in touch.

 

[BLACK W F]

grant tell some of the lads the crap your having with this @rshole   i am sure one night he will get what hes asking for and who knows you will likely be off shore   what goes around comes around

pity you lost the bird  but will always get more  hope every thing works  out

[Guest]

As I said in p.m to you mate, you were granted planning permission where all these subjects would have been raised, it is therefore highly unlikely that the Court would over-rule a previous ruling made by the council otherwise it would be saying that the council ruling for you in the first place was flawed which should have been brought up in appeal.   My honest opinion for what it's worth is this guy is blowing hot air and even though there is no stopping him applying for a Court order you can ask the Court to strike out with the defence above supporting that the claim he makes is unreasonable and unlikely to succeed.  As someone rightly said above, the Courts don't like wasting anyone's time especially theirs.

[Dodgy Trapper]

Hi

   Do remember a few years ago someone tried to stop this bloke who had doves.

What they were doing was flying onto the complainant's garage, it went to court and this bloke with the doves won.

The reason he won was because he lived in the house before the complainant (who's lived in one on the new houses recently built near the dove man).

Dont know if this make interesting reading?.

 

[sammy]

Grant go round and talk to him with your boot on his throat he will see your point of view than  he got no chance of winning   speak to union sec the guys a bam  he will get no where

 

been having the same sort of problems for past 6 year and allways kept cool and done it through proper channels etc then it stopped  ;Dfor awhile then it turned to gardens and again done it through proper channels and the weasel has been warned a number of times then week past sat just ion from work and enjoying me coffee and the wife was hanging out washing thenhe started again but had his brother in law with him they were measuring my lofts and walls etc to see if i had any of there garden well they were politely asked to leave me garden in the proper manner which was received with an aggresive reply and a shove then a went blind with red mist and have now been charged with 2 assaults for defending myself so if i was you i would be very careful in what you are doing as if yir council is anything like mine they dont give a rats *expletive removed* for yi  ;)and i put it down to being a pigeon fancier

[Guest bigda]

the main thing here is not to reply  to his letters, as they  cost him £25-£35 a time  let him raise the  action as when it gets throughen out he picks up the tab ;D :X

[gangster]

grant tell some of the lads the crap your having with this @rshole   i am sure one night he will get what hes asking for and who knows you will likely be off shore   what goes around comes around

pity you lost the bird  but will always get more  hope every thing works  out

 

SORRY THIS IS NOT THE WAY AS THE FINGER WLL BE POINTED AT YOU,GIVE THE IDIOT NO AMUNITION TO USE AGAINST YOU.......EVERY DOG HAS ITS DAY!!!!!

[Guest Owen]

Your job is to come out of this winning. You will not do that by loosing your temper or indulging in stupid things like throwing punches in front of wittnesses.

The time for that will come. But it is not now. You need to allow him to take this to Court, where he will loose. Better still the details of the hearing will be on record. That's called winning.

Then when the dust has settled and people are forgetting what has happened you deal with him properly, without talking and in a quiet place with no one to watch. And when you've finished that bit of business you should have no more trouble with him or anyone else.

That is called putting a problem to bed.

[Guest]

the main thing here is not to reply  to his letters, as they  cost him £25-£35 a time  let him raise the  action as when it gets throughen out he picks up the tab ;D :X

But if he wins he passes that tab onto you and the Court don't take a good view of ignorance.  

 

 

[Guest 67ghirl]

Just out of curiosity - does this Guy work?

Or will he be planning to do this courtesy of Legal Aid - just a thought!