My fence posts and panels removed.

Bendy_House

DanDare999 said:

janbeno said:

the police were told about the destruction of the fence and I started off my statement with off with the reason why I was talking to him before the assault. 

Although the assault is the most important issue, I do worry that something underhand is happening with regards the sale of the bungalow?

How exactly was that phrased, along the lines of its your fence and no one had permission to remove or damage it?

Have you been told what he said in interview? It may well be the case he has denied any damage and that is the reason they've gone to CPS. If that is the case the. I'd expect CPS to send the file back with an action plan for further work before they make a decision. The additional work being can we prove who the fence belongs to and how. They will want sight of an documents before they decide. 

I think the CPS is only looking at the actual assault - whether to prosecute.

janbeno

Bendy_House said:

DanDare999 said:

janbeno said:

the police were told about the destruction of the fence and I started off my statement with off with the reason why I was talking to him before the assault. 

Although the assault is the most important issue, I do worry that something underhand is happening with regards the sale of the bungalow?

How exactly was that phrased, along the lines of its your fence and no one had permission to remove or damage it?

Have you been told what he said in interview? It may well be the case he has denied any damage and that is the reason they've gone to CPS. If that is the case the. I'd expect CPS to send the file back with an action plan for further work before they make a decision. The additional work being can we prove who the fence belongs to and how. They will want sight of an documents before they decide. 

I think the CPS is only looking at the actual assault - whether to prosecute.

Yes, it's just the assault. Btw B H , you said previously about a thug with a heart of gold. He's actually just a little older than me 70 or 71 , a pillar of the road, does jobs, visits neighbours does their gardens and diy, no payment. We have known him for years. This is what makes the assault really hard for me to deal with, plus the fact he lives directly across from me and is friends with all the neighbours.

DanDare999

Bendy_House said:

DanDare999 said:

janbeno said:

the police were told about the destruction of the fence and I started off my statement with off with the reason why I was talking to him before the assault. 

Although the assault is the most important issue, I do worry that something underhand is happening with regards the sale of the bungalow?

How exactly was that phrased, along the lines of its your fence and no one had permission to remove or damage it?

Have you been told what he said in interview? It may well be the case he has denied any damage and that is the reason they've gone to CPS. If that is the case the. I'd expect CPS to send the file back with an action plan for further work before they make a decision. The additional work being can we prove who the fence belongs to and how. They will want sight of an documents before they decide. 

I think the CPS is only looking at the actual assault - whether to prosecute.

It's difficult to ignore other offences if clearly documented. So ok, that's possibly another reason for them not to make a decision if further offences are outstanding or not fully investigated. 

Doesn't sound like the police have done a good job here, which diminishes the chance of a successful outcome for the OP.

Bendy_House

There are a lot of complex personality types around, and the most pernicious is the narcie phony. 'Pillar of the community'. 'Can't help folk enough.' 'A laugh - what a guy'.

Becuase that suits them. That is what they project. Very 'plausible'.

Often completely devious phonies.

Reinforced in your case by his seeming complete lack of contrition. After what he has done, he still replies to your solicitor with glib cockiness.

A complete ******' ********. I'm sure you agree

I would urge you to take every bit of action that you can against him, because anything he gets away with he will consider a 'win'.

Regardless of the outcome of the criminal case, take civil action against him for the assault. Even if the police don't consider it worth taking action - perhaps they'll agree a written warning or similar - you have a watertight case against him.

What a shame you don't have LP - twit! Add it on renewal, but it'll be worth employing a solicitor for this civil action - you really cannot lose.

DanDare999

Bendy_House said:

There are a lot of complex personality types around, and the most pernicious is the narcie phony. 'Pillar of the community'. 'Can't help folk enough.' 'A laugh - what a guy'.

Becuase that suits them. That is what they project. Very 'plausible'.

Often completely devious phonies.

Reinforced in your case by his seeming complete lack of contrition. After what he has done, he still replies to your solicitor with glib cockiness.

A complete ******' ********. I'm sure you agree

I would urge you to take every bit of action that you can against him, because anything he gets away with he will consider a 'win'.

Regardless of the outcome of the criminal case, take civil action against him for the assault. Even if the police don't consider it worth taking action - perhaps they'll agree a written warning or similar - you have a watertight case against him.

What a shame you don't have LP - twit! Add it on renewal, but it'll be worth employing a solicitor for this civil action - you really cannot lose.

No chance of that happening if it's gone to CPS. To have any kind of finalisation you suggest the suspect needs to admit the assault. He clearly hasn't as he'd have been charged by now. If CPS don't authorise a charge it's the end of the line so why would he accept a warning/caution? If he refuses the police can't do anything. It's a long way off a water tight case. 

Bendy_House

If he gets anything as much as a written warning or a caution, a civil action should be very straight-forward. 

Either would be the police saying 'he dun it', and must behave.

A civil case, in any event, requires a far smaller level of evidence - 'the balance of probabilities' as opposed to 'beyond reasonable doubt'.

Watertight, as near as.

Or what do you reckon?

GDB2222

It’s not criminal to pull down a fence that you believe you have a right to pull down. Even if that was a mistaken belief. 

If the whole place was overgrown and there was a second fence, it’s a reasonable mistake to make. That’s one reason the police will do nothing about the fence. 

That doesn’t excuse the assault of course.

If you have serious concerns about the property sale, that is a safeguarding issue and the local council’s adult social security team may be able to help. However, it’s possible that the neighbour has a power of attorney and is simply getting on with the property sale. 

DanDare999

Bendy_House said:

If he gets anything as much as a written warning or a caution, a civil action should be very straight-forward. 

Either would be the police saying 'he dun it', and must behave.

A civil case, in any event, requires a far smaller level of evidence - 'the balance of probabilities' as opposed to 'beyond reasonable doubt'.

Watertight, as near as.

Or what do you reckon?

He won't, now it's gone to CPS unless he has admitted the offence, it's charge or no further action. No further action isn't watertight. 

janbeno

Thanks for all your comments and advice. I'll let you know of any outcomes.

Keep_pedalling

Get some quotes for a replacement fence, then send him a letter before action asking him to pay for the replacement within 14 days and if he fails to do this you will take him to the small claims court to recover your costs.

https://www.gov.uk/make-court-claim-for-money