Can i take my neighbour to a small claims court?

ckes101

I have been involved in an ongoing neighbour dispute for the past 4 years. We have been subject to constant ongoing abuse etc. This has resulted in my 40 year old neighbour being taken to court in February by the police and found guilty of harassment against myself and my 86 year old mother (for whom I care for). I submitted audio recording of my neighbour verbally abusing myself and my mum to the police. During the court case I was asked by the CPS solicitor how I obtained the audio recordings to which I replied that I place my iPod by the dividing fence on my side of the property. After the case was over the CPS solicitor told me that if I received any more abuse from my neighbour to carry on recording and call the police again. Sure enough a few days after the court case he started shouting obscenities at me over the fence. I placed my recording device in the same place and went back into my house. Later when I went outside to retrieve my recording device it had gone. I have CCTV installed so checked back and sure enough I saw my neighbour hanging over my fence stealing my iPod (he obviously heard me in court when I told the court how and where I placed my recording device.) So I phoned the police and gave them the CCTV footage. About a week later I was contacted by the police who informed me that my neighbour had admitted taking my iPod. But as my neighbour also lives with his mother she told the police it was all her idea to steal it. So the police are going to give her a police caution and take no action against him. Asked where my iPod was they both told the police they had thrown it in the river. I asked the police how I go about getting compensation or a replacement only to be told as they were giving a caution to my neighbours mum I would have to take in on the chin and lose the iPod. I think this is totally wrong. I have irrefutable CCTV evidence of my neighbour stealing my property and also admittance by both of them that they did it. My question is this.....can I claim for compensation/new iPod at a small claims court? Or is there another way I should do this. Or should I just accept what the police are saying and "take it on the chin". I know that it's a low value item (about £100-£130) and not the crime of the century but it's the principle of it all. Anyways any advice would be greatly appreciated. Thank you.

Aylesbury_Duck

ckes101 wrote: »

I have been involved in an ongoing neighbour dispute for the past 4 years. We have been subject to constant ongoing abuse etc. This has resulted in my 40 year old neighbour being taken to court in February by the police and found guilty of harassment against myself and my 86 year old mother (for whom I care for). I submitted audio recording of my neighbour verbally abusing myself and my mum to the police. During the court case I was asked by the CPS solicitor how I obtained the audio recordings to which I replied that I place my iPod by the dividing fence on my side of the property. After the case was over the CPS solicitor told me that if I received any more abuse from my neighbour to carry on recording and call the police again. Sure enough a few days after the court case he started shouting obscenities at me over the fence. I placed my recording device in the same place and went back into my house. Later when I went outside to retrieve my recording device it had gone. I have CCTV installed so checked back and sure enough I saw my neighbour hanging over my fence stealing my iPod (he obviously heard me in court when I told the court how and where I placed my recording device.) So I phoned the police and gave them the CCTV footage. About a week later I was contacted by the police who informed me that my neighbour had admitted taking my iPod. But as my neighbour also lives with his mother she told the police it was all her idea to steal it. So the police are going to give her a police caution and take no action against him. Asked where my iPod was they both told the police they had thrown it in the river. I asked the police how I go about getting compensation or a replacement only to be told as they were giving a caution to my neighbours mum I would have to take in on the chin and lose the iPod. I think this is totally wrong. I have irrefutable CCTV evidence of my neighbour stealing my property and also admittance by both of them that they did it. My question is this.....can I claim for compensation/new iPod at a small claims court? Or is there another way I should do this. Or should I just accept what the police are saying and "take it on the chin". I know that it's a low value item (about £100-£130) and not the crime of the century but it's the principle of it all. Anyways any advice would be greatly appreciated. Thank you.

Taking an honest look at yourself and the situation, is it "the principle of it all" (on either or both side) that has fuelled four years of dispute? It's possible that further action on this is simply going to be the latest instalment in a sorry tale of neighbourly problems.

I'd leave it, try to live your life and ignore your neighbour.

Les79

Aylesbury_Duck wrote: »

Taking an honest look at yourself and the situation, is it "the principle of it all" (on either or both side) that has fuelled four years of dispute? It's possible that further action on this is simply going to be the latest instalment in a sorry tale of neighbourly problems.

I'd leave it, try to live your life and ignore your neighbour.

I din't know about these days, but iPod = technology = generally expensive.


Before I continue, one must call OP a tool for leaving an expensive item in the garden by the way....


Aside from that, I can't see any reason why OP couldn't take them to court. Your point is very valid, but if the abuse is mainly one-way then eventually with a few more complaints one would assume that the culprits would themselves receive further police action. Something a bit more concrete (fines/community service etc)

Aylesbury_Duck

A valid point, but if it is entirely one way (and we are of course only getting one side of the story), I suspect continued police attention won't make any difference. Some people are just awful come what may.

da_rule

You could have a claim under the Torts (Interference with Goods) Act 1977 as essentially they have trespassed to goods.

You need to think about whether it is actually worthwhile making a claim. Without sounding harsh, and as far as I know, iPods have not been sold for a number of years. As such, your loss will be limited to the value of the iPod which may not be very much.

As this would likely be a small claim, then unless you acted completely unreasonably or your claim was totally without merit then you are unlikely to have costs awarded against you. However, the court may decide that the claim wasn’t inkeeping with the overriding principals for civil litigation and not award you your costs (which may exceed the value of the iPod).

You may have a better claim under the Protection from Harrassment Axt and be able to secure an injunction preventing your neighbour from engaging with you.

Les79

One thing to add, OP, is that I'm fairly sure that the costs for Small Claims aren't massive these days.... Look into it and make further enquiries, as I suspect when people say the cost may outweigh the value it is more because of the iPod being worth little rather than the costs being very high.


I would also caution you with doing it "out of principle", but if you are intent on doing so (which I totally *get*) then give it some thought AND a bit of research. Work out what your liabilities would be and what your gains would be. And consider the elements mentioned by others here (the possibility of an on-going saga).

Ectophile

Can you take them to court? The answer has to be "yes". You can take pretty much anyone to court. Winning the case is another matter.


If you do win a case against the neighbours, then I don't fancy your odds of getting the money. But if you just want to ruin their credit record, you could do so anyway.

TheTalkingDead

What are the chances that by taking them through the small claim track, you would increase the abuse targeted against you.


As someone has suggested and i echo once more, Why on earth would leave the device on a fence, and not at the very least keep an eye on it?
Just have a Dictaphone handy and have the mic up to full sensitivity when your recording most Dictaphones have a single touch record feature these days so you can hit record in your pocket keeping it hidden.


TBH, they did take it, and cautioned for it, they should replace it as a matter of principle and morals, but society lacks any of these today, its a me me me world.


The odds of getting a win is pretty high by the sounds, but the odds of getting them to pay is pretty low, and you'll be made to chase them through the courts for every penny owed, meaning your probably going to have to get a high court writ and have bailiffs to retrieve your money.


The other option is to let it go, and just move on with life, keep recording but on another more discreet device and don't repeat leaving it on the fence.

hollydays

Hmmm
So you're telling us the person who ACTUALLY lifted the iPod wasn't charged or cautioned ......
What's occurring?!,

AndyMc.....

hollydays wrote: »

Hmmm
So you're telling us the person who ACTUALLY lifted the iPad wasn't charged or cautioned ......

Read the OP, the police are going to caution him.

hollydays

AndyMc..... wrote: »

Read the OP, the police are going to caution him.

Yet again you respond to my posts as though you were the op.

You read it. It says they are taking no action against him.