dog barking and councils

I have an interesting occurence to post about this topic..

A neighbour (paul) - of one of my sisters has always had a dog. No problem. Then a horible neighbour moved in., next to him, whom we shall call thora... We found out thora regularly complained about her ex neighbours dogs and eventually moved due to this...and other assorted noise/lights/conifers/kids complaints. Paul actually went to speak to the ex neighbours., to gather info. Thora was not well liked, and considered a trouble causer with a few different incidents..

It seems to me that councils interpret things to suit themselves, not least as it would appear that thora is one of them...if you read on..

Basically thora knew she was moving next to a dog., despite not liking dogs... there had been no problem with pauls dog until she moved in, then it was straight away council letters, and then recording equipment. Then a threat to sieze the dog. No other neighbours reported there being an issue.

When the council came to spy outside the property of paul, on several occasions, they admitted that they had never heard the dog. They admitted that the dog they had heard once was not pauls...they could not give irrefutable evidence that pauls dog was barking. Case closed.

The case has been opened and closed many other times in the last 2 years...each time they cannot prove if any dog is barking...

It makes me wonder how much it has cost the council.

Finally it turned out that thora is what is known as a vexatious litigant. The council will take no more complaints from her.

Then, as a last resort, thora has gone to solicitors and lied and said paul had threatened to run her over and had smashed her window and burnt her dustbin., and continued to lie about the dog barking, and now claims it is all night every night. Untrue. Obviously the solicitors are going to write anything thora says without investigating as its money to them.

Paul replied to the solicitor letter, and pointed out many things and told his side of the story and provided witnesses.and sent dvds of a weeks cctv recording of his home... He has gone expense of setting up cctv to prove dog not barking.

Seems to me that the council are 'investigating' made up claims of noise, in order to justify their existence, that it can be closed and re opened as they please, that they can spy on people, have no evidence just hearsay, and that there are no definite rules as to what exactly is a nuisance if indeed there ever was one, just a council workers 'interpretation' or opinion....and another thing struck me,if they go outside a property and then hear a dog whilst spying then surely it is their skulking about and suspicious behaviour making a dog bark isnt it..or is that too clever for them to suss out...

update is, month later, no more heard from solicitors, they didn't reply pauls letter, seems they know she has done this before and now won't represent her, thora has put her house up for sale, so hopefully it is an end to pauls nightmare..

Comments

  • gettingready
    gettingready Posts: 11,330 Forumite
    10,000 Posts Combo Breaker
    I would love to know exactly what the regulations are about dog barking as far as councils are concerned.

    I live in a flat, first floor. Zara does bark - I know that. Not all the time, never ever at night. I try to be at home as much as humanly possible and take her out with me whenever I have to go out and wherever I can take her but she does ocassionaly bark when left alone.

    I have ONE lot of neighbours that forever complain about her barking (even when she does not), all other neighbours have no problem with that.

    The ones that do - they again complain about anything and everything and I have tried to be nice at first but then lost it with them one day last year and was very, I mean VERY rude to them in resposnse.

    I spoke to my council and was told that anything day time would not class as nuisance anyway.

    But - if anyone knows exactly what the low is on that and can provide a link to some legislation - I would be forever grateful.
  • Hi, try putting this into a search engine:

    Statutory Notice under the Environmental Protection Act 1990 dog barking


    There's loads of council website's come up so you may be able to find info under your's - basically they can issue a notice for the owner to stop the barking.
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  • Caroline_a
    Caroline_a Posts: 4,071 Forumite
    Last year I had 2 old biddies turn up at my door complaining that Oakley was barking all day. I had just lost my dad, so that was the last thing I needed, plus i had been home on compassionate leave for a week and had been in most of the time. He's not a dog that barks a lot, apart from if i get the Dyson out (I do think that Dyson vacs have a pitch that dogs dislike). I had bought another hoover that he just ignores by the way...

    They maintained that he was barking outside all day - he's never left out if i am and I pointed that out to them. They argued and then i opened the front door wide. Oakley was sat 'to attention' at the dining room door, where I had left him when the door bell had rang. He didnt move. One said how lovely he was and then I said 'does that look like a dog that barks all day - you are strangers to him, but he hasnt moved because I told him to stay'. (have to say I was crossing fingers and toes he would stay!!)

    Anyway they left but I felt really down, I knew it wasnt my dog they had heard but couldnt prove it. The lady across the road then came over and said that it wasnt my dog, it was one 2 doors up that was left out all day alone... I cannot tell you how much better i felt!
  • victoriav
    victoriav Posts: 316 Forumite
    The cheeky barstewards, I'd have had a thing or two to say .....
  • h007
    h007 Posts: 1,774 Forumite
    Part of the Furniture Combo Breaker
    now see i am on the flip side of this problem.

    i recently moved into my 1st flat and love it but there is one thing that lets it down. the local dogs.

    it seems to me that there are a few people that live nearby that leave their dogs out alot - in the evenings there is a doggie symphony lol.

    but one in particular regularly barks ALL night and keeps me awake. and i do mean constant barking/whining/crying from 11pm to 5am.

    it isnt every night but on the nights it happens (around once a week) i am left exhausted.

    dont get me wrong i know dogs bark and the owners cant help it, and i dont want the dog to be taken away or anything.
    what i do want is for the owner to be more responsible. let that poor dog in at night as it IS a nuisance and the poor dog is distressed as you can tell from the whining and crying. it obviously wants to be inside with his owner.

    the problem i have is i do not know where this dog lives. my flat overlooks the gardens of 3 different roads and they all have high garden fences so i cannot see into them and the sound reverbarates all round the houses in a 'great' surround sound effect.

    however if i do ever figure out where this poor dog is i will be onto the council and i wont feel bad about the owner at all.
  • gettingready
    gettingready Posts: 11,330 Forumite
    10,000 Posts Combo Breaker
    Perhaps the owner works that night and is not at home? So he/she would not know the dog is abrking. If they were at home, surely they would be hearing it even louder than you do....

    I do not agree with dogs being left outside all the time, absolutely not. Just giving a possible scenario here - owner not at home = dog barking.
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