Offensively Noisy Car - Pt 2 - Help required
Discussion
Chaps
A month or so ago, I posted a thread in here about a neighbour who has a very noisy car. Noisy to the extent of keeping me and my family awake at night. And some significantly anti-social behaviour as well. The thread is here:
www.pistonheads.com/gassing/topic.asp?t=214562
The story moved on ... I wrote a letter to the Chief Executive of the local council complaining that they had done nothing at all about the problem. They responded with a long letter effectively admitting no responsibility for anything at all - a couple of minor apologies for being slow in responding to correspondence, nothing more.
However, they also throw in this particular gem, below:
From this, several questions.
1. Any ideas on how to get the council to actually do something to help here? For instance, to get them to deter this "gent" from causing a nuisance?
2. What am I to make of the counter allegation of harrassment? If harassment is asking an offensively noisy person to behave in a quieter manner, on two occasions, then I am guilty as charged.
However, the pitch is being set for the council to take the allegations of the other party rather more seriously than mine - it would be all to easy to see it being made out that I am the one in the wrong here, simply because I dared to complain about the actions of other people.
For what it's worth, I am in contact with the local police about this as well, and am expecting to speak with a senior officer from there about the matter tomorrow. (And if not, I'll be speaking with his line manager - having left 10 messages for him to call me back.)
Any help would be much appreciated - particularly about what they can and can't do. (It may be worth reading the first post of the above-linked thread to get a better idea of the situation - there is more that I haven't typed here.)
Oli.
A month or so ago, I posted a thread in here about a neighbour who has a very noisy car. Noisy to the extent of keeping me and my family awake at night. And some significantly anti-social behaviour as well. The thread is here:
www.pistonheads.com/gassing/topic.asp?t=214562
The story moved on ... I wrote a letter to the Chief Executive of the local council complaining that they had done nothing at all about the problem. They responded with a long letter effectively admitting no responsibility for anything at all - a couple of minor apologies for being slow in responding to correspondence, nothing more.
However, they also throw in this particular gem, below:
local council said:
... the alleged perpertrator was interviewed on 13th October 2005. They demied that their car was making an excessive noise and made a counter allegation against you of harrassment. Mr Noor ("officer" investigating the case) is currently investigating this allegation and will contact you concerning this as soon as possible.
From this, several questions.
1. Any ideas on how to get the council to actually do something to help here? For instance, to get them to deter this "gent" from causing a nuisance?
2. What am I to make of the counter allegation of harrassment? If harassment is asking an offensively noisy person to behave in a quieter manner, on two occasions, then I am guilty as charged.
However, the pitch is being set for the council to take the allegations of the other party rather more seriously than mine - it would be all to easy to see it being made out that I am the one in the wrong here, simply because I dared to complain about the actions of other people.
For what it's worth, I am in contact with the local police about this as well, and am expecting to speak with a senior officer from there about the matter tomorrow. (And if not, I'll be speaking with his line manager - having left 10 messages for him to call me back.)
Any help would be much appreciated - particularly about what they can and can't do. (It may be worth reading the first post of the above-linked thread to get a better idea of the situation - there is more that I haven't typed here.)
Oli.
Err, I didn't know that 'Officers' from the council can investigate criminal offences of Harrassment?
I think they are trying to apply pressure to you to drop the whole thing.
I'm really not sure of any legal remedies you have to sort this situation out. If it was me, I'd find the address of the guy who is trying to fob you off and sit outside his house at 2am with my engine at tick-over. I'm sure he would soon get the point. After all, if they don't think they can do anything about the guy in your street then what could they do to you??
I think they are trying to apply pressure to you to drop the whole thing.
I'm really not sure of any legal remedies you have to sort this situation out. If it was me, I'd find the address of the guy who is trying to fob you off and sit outside his house at 2am with my engine at tick-over. I'm sure he would soon get the point. After all, if they don't think they can do anything about the guy in your street then what could they do to you??
Zcacogp
Ignore those last two courses of suggested action (I think they were posted in jest or at least I hope so) as it resolves nothing and places you in jeopardy.
The amount of noise you state should be apparent to your neighbours. Are they prepared to back you up? If so more ammunition when you meet senior Plod for by the sounds of it there is an offence being committed and so far no body has the balls to pick it up i.e. LA Enviromental Dept or Plod. Be insistent with Plod for action.
There is another costly route available to you through Civil Action and you would need to contact a Solicitor to set the ball rolling.
Finally, I post this bit without any rancour against you. From time to time we come across things that do not fit into our normal pattern of life and it causes upset. It dwells in our minds and like a cancer festers and grows to such an extent it can take over and becomes out of all proportion. Are you sure this is not happening to you? Are you now lying in bed waiting for the noise?
I have something similar from the bloody tree that overhangs me and the crap, detris, leaves etc that foul my land .....and I cannot do a bloody thing about it. Conservation area....
dvd
Ignore those last two courses of suggested action (I think they were posted in jest or at least I hope so) as it resolves nothing and places you in jeopardy.
The amount of noise you state should be apparent to your neighbours. Are they prepared to back you up? If so more ammunition when you meet senior Plod for by the sounds of it there is an offence being committed and so far no body has the balls to pick it up i.e. LA Enviromental Dept or Plod. Be insistent with Plod for action.
There is another costly route available to you through Civil Action and you would need to contact a Solicitor to set the ball rolling.
Finally, I post this bit without any rancour against you. From time to time we come across things that do not fit into our normal pattern of life and it causes upset. It dwells in our minds and like a cancer festers and grows to such an extent it can take over and becomes out of all proportion. Are you sure this is not happening to you? Are you now lying in bed waiting for the noise?
I have something similar from the bloody tree that overhangs me and the crap, detris, leaves etc that foul my land .....and I cannot do a bloody thing about it. Conservation area....
dvd
got to aggree with DVD here, I see a lot problems caused by knock on effects stress, you can either
1. persue it with multiple letters, solicitors, police,etc it will drag on and on, relations between you and him will get worse and worse, you will get increacingly stressed and it's a downards spiral to prozac.
or
2. buy some yellow foam earplugs, ignore it and he will get bored.
I obviously can't comment on how loud it is, but no mater how loud or quite it actually is you will percieve it as louder than this as a consequence of the stress it puts you under
1. persue it with multiple letters, solicitors, police,etc it will drag on and on, relations between you and him will get worse and worse, you will get increacingly stressed and it's a downards spiral to prozac.
or
2. buy some yellow foam earplugs, ignore it and he will get bored.
I obviously can't comment on how loud it is, but no mater how loud or quite it actually is you will percieve it as louder than this as a consequence of the stress it puts you under
purpleheadedcerb said:Good point. I hadn't spotted this. Can anyone confirm the powers that a council has to pursue allegged harassment?
I didn't know that 'Officers' from the council can investigate criminal offences of Harrassment?
Dwight VanDriver said:Indeed, I think they are fun ideas, and make good posts on a web forum, but are not really practical in real life. I have no interest in exacerbating the situation, just in improving my own quality of live, sleep and all the rest of it.
Ignore those last two courses of suggested action (I think they were posted in jest or at least I hope so) as it resolves nothing and places you in jeopardy.
Dwight VanDriver said:Yes, one for sure. I do need to do a trawl of others and find out what their thoughts are.
The amount of noise you state should be apparent to your neighbours. Are they prepared to back you up?
Dwight VanDriver said:This is my thoughts - I need to be firm, and get someone to do something about it. Just because something is difficult, doesn't mean that the person who should be dealing with it can avoid doing it. I am looking forward to speaking with senior plod this afternoon - the person in question proved very difficult to talk to last time I contacted him, but very helpful when I got through. I am hoping that when I finally get through this time he will be similarly helpful.
If so more ammunition when you meet senior Plod for by the sounds of it there is an offence being committed and so far no body has the balls to pick it up i.e. LA Enviromental Dept or Plod. Be insistent with Plod for action.
Dwight VanDriver said:Yes, although I would rather avoid the cost if possible. I should stress, much as I dislike this person, I am keen that the situation should be resolved as quickly, quietly and amicably as possible. I emphatically don't want this to descend into a war of words.
There is another costly route available to you through Civil Action and you would need to contact a Solicitor to set the ball rolling.
Dwight VanDriver said:... and this is the other side of the coin. Objectivity is something that is in short supply for anyone, and I am possibly worse than most. In this respect, you are offering wise and sage council and I am very grateful. I think that a quick poll of my neighbours for an idea of how much they are bothered may be a very good move - if there really is a problem, they will be happy to add their voice to mine. If there isn't (i.e. if I am making mountains out of molehills) then I should swallow my pride and move on - just as Russian Rocket says.
Finally, I post this bit without any rancour against you. From time to time we come across things that do not fit into our normal pattern of life and it causes upset. It dwells in our minds and like a cancer festers and grows to such an extent it can take over and becomes out of all proportion. Are you sure this is not happening to you? Are you now lying in bed waiting for the noise?
Dwight VanDriver said:I'm sorry to hear about your tree ... I can lend you a pair of secateurs should you wish, or would be more than happy to swap problems ... I jest.
I have something similar from the bloody tree that overhangs me and the crap, detris, leaves etc that foul my land .....and I cannot do a bloody thing about it. Conservation area....
DVD, again, many thanks for your input.
Oli.
>> Edited by zcacogp on Wednesday 23 November 12:13
As you say DVD, my comment about sitting outside the councillor's house is half in jest and it probably would cause other problems.
If this was a regular noise nuisance such as a house playing music unreasonably then it would be so much easier to deal with from the council's perspective. The fact that it is a temporary noise nuisance and that technically if it is exessively loud whilst being driven then really its a Police/traffic matter. But what are the chances of the Police being willing to commit resources to dealing with it UNLESS they chance upon it in the general course of duty.
If this was a regular noise nuisance such as a house playing music unreasonably then it would be so much easier to deal with from the council's perspective. The fact that it is a temporary noise nuisance and that technically if it is exessively loud whilst being driven then really its a Police/traffic matter. But what are the chances of the Police being willing to commit resources to dealing with it UNLESS they chance upon it in the general course of duty.
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