Help and Advice needed!

fairydiamond

I will try not to make this post too long, my apologies!

My husband and I are always round at my mother-in-law's. She lives there with her two youngest kids (20 and 18) It is a semi detached house opposite a field (so no neighbours across the road)

The family dogs live at my mother-in-laws. They are a 13-year old lab, a 2 year old lab and a 12-week-old Siberian husky.

Last Saturday morning, and I'm talking 1.30am... apparently our 2 year old lab barked for half an hour because the community pride animal welfare van was parked on the driveway! No one heard her... (We actually doubt this, but the community pride people say she did, so she must have) The will not happen again. Our lab will not be left in the front room again while my brother-in-law is out.

My mother-in-law was woken up at 4.30 the same morning with the police banging on her bedroom window round the back of the property. Apparently someone had called them because the lounge light is normally on, and that night it wasn't, so the caller was worried! Why on earth the police came round we will never know. Community pride said they never called the police. The neighbour only heard our dog at 1.30 and 4.30 (both times were when someone was at the house! community pride and then the police)

On the following Monday, we received a letter saying that there is a noise nuisance from the property and if nothing is done within 14 days, they will prosecute and possibly seize the dogs.

Obviously we were all very distraught and rang the community pride people up. They came round and explained that they've been monitoring for a while and have never heard the dogs until that Saturday morning at 1.30am. Of course she will bark if someone is on the drive at that hour.

We have been to ALL the neighbours, and they are all shocked and swear it is not them. They've all agreed to sign a letter saying they have no issues with our dogs.

The next door neighbour said he saw the community pride animal welfare van parked on our front over 11 weeks ago, so long before we got our husky. They've been coming about 3 times a week for 11 weeks and on just one occasion...in the middle of the night... they heard our dog. How ridiculous.

There is no problem, our dogs don't bark unless someone comes to the door and none of our neighbours have complained.

Someone is spying on the house, they know when my mother-in-law is on shift, they know which lights are normally on, and they complain about the dogs when certain lights are off. The community pride won't tell us who is complaining because of data protection, but the complainer knew names of the people living in the house. It is very unsettling.

We adore our dogs, they are members of our family. We've had dogs for 13 years and no one has ever complained. There is just no barking issue...

There is normally someone always in, and if not, my husband and I go round to dog sit... but they honestly don't make a noise. We think someone has a grudge against our family. Community pride said complainers do not have to leave a name or address... so it could be ANYONE complaining.

They are monitoring us all again after the 14 days... but how long will they monitor for? It is very stressful.

Sorry for the long post, we are terrified of losing our lovely dogs.

Fire_Fox

Sorry but who are Community Pride, and why do you think they would lie? Do they really have powers to prosecute and seizing the dog, under what legislation? Have you read the wording of the letter carefully or just panicked (understandably)? Why is your council's Environmental Health department not involved?

fairydiamond

Fire_Fox wrote: »

Sorry but who are Community Pride, and why do you think they would lie? Do they really have powers to prosecute and seizing the dog, under what legislation? Have you read the wording of the letter carefully or just panicked (understandably)? Why is your council's Environmental Health department not involved?

Hi. Sorry the community pride are the noise part of the environmental health department at North East Lincolnshire Council.

I'm not saying they are lying, we just find the whole thing baffling as it is not in her character to bark like that.

The community pride are a new scheme at the council and after monitoring us for 11 weeks and they could only ''catch'' the dog barking at 1.30am, it crossed my mind that it could be down to statistics and they want to justify their new scheme.

rising_from_the_ashes

Someone must have contacted them in the first place (I know the neighbours are saying it's not them but TBH I wouldn't expect anything else - if someone came and knocked on my door and said "had I reported/done xxx" I'd be saying no!)

However, it does seem absolutely ridiculous that they're saying the barking only happened that once and are taking this action based solely on that - especially if they were in the van on the drive are they even allowed to do this?

Of course, the dog would be barking if that's where they were.

I'd be putting in a formal complaint to the council and pointing out the above - good luck. I guess all you can do is make sure someone is with the dogs are all times (or they're taken with you if no-one can stay with them) for the next couple of weeks to make 100% sure there is no barking.

meerkat2007

Just had a thought that's probably irrelevant, but if the van was parked on your mother-in-law's drive at 1.30am, surely that would be without her permission? And if it was without her permisssion, couldn't that be viewed as trespass?

There's probably some law that gives council officers a right to be on private property without permission - my knowledge of the law is minimal to say the least - but someone else might have a better idea.

meritaten

this sounds dodgy - you say that community pride say they were parked on your MILs drive? Thats trespass if they didnt have permission!
and they had ONE instance of a dog barking? thats not going anywhere hun. you ask anyone on here who has had experience of barking dogs and how it takes you jumping through hoops for months if not years, to get it logged as a nuisance!
you got any neighbours who have close relatives who work for the council?

Fire_Fox

fairydiamond wrote: »

Hi. Sorry the community pride are the noise part of the environmental health department at North East Lincolnshire Council.

I'm not saying they are lying, we just find the whole thing baffling as it is not in her character to bark like that.

The community pride are a new scheme at the council and after monitoring us for 11 weeks and they could only ''catch'' the dog barking at 1.30am, it crossed my mind that it could be down to statistics and they want to justify their new scheme.

I would contact (e-mail or letter, you need a written record) the head of the Environmental Health department POLITELY asking why they have made no informal visits and no attempts at mediating, why the first contact is so frightening. I can assure you Environmental Health at other councils try to resolve problems informally in the first instance. Also ask for "a copy of all relevant policies", councils have a policy for EVERYTHING they will definitely have a few for handling both parties in a noise complaint and for when they do and do not prosecute. No need to be paranoid, statistics never trump policies.

Please do not approach your neighbours again, clearly someone went to the council to avoid confrontation/ remain anonymous which is their right. Whilst it is not witness intimidation, it could be painted that colour if someone so desired. A petition has no standing in law, you are council taxpayers so use the system. Please also don't lodge a formal complaint or accuse anyone of trespassing, you risk appearing difficult and confrontational when I am sure you are not. Confusion and a willingness to work within the system are the key at this stage.

Addresses you need, rubbish website because I can't find any information on what constitutes a noise nuisance yet they have found time to write an article on dog mess! It's possible you have been 'reported' because your neighbour couldn't find any noise advice either! :rotfl: http://www.nelincs.gov.uk/community-people-and-living/safety/community-pride/
If all that gets you nowhere in a month or so, you will have all the documentation you need to approach your ward councillors. If you do need to lodge a formal complaint, your councillor should be able to help you put that together using his experience to our benefit.

ETA: because us insomniacs have too much time on our hands, I've just written an anonymous comment basically saying their website is defective for not having information on the various nuisances yet offering a rapid response to complaints.

fairydiamond

Thank you Fire Fox for the useful information.