Alwyn,
You can do something about this, but you're gonna need a real legal eagle - and I haven't seen pugugly in here for a while.
Its not quick, and it involves using the civil law, not criminal, but it can be done.
If you need, I can dig around my old stuff if you want, but I still think you'll be better with a real practising lawyer.
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The fact that the the "Road" is unadopted opens up a can of worms on the criminal side as it may be argued that it is not a road under the Road Traffic Act or Highways Acts that deal with obstruction etc.Further, I doubt that the circumstances can be stretched to cover unlawful imprisonment.
Would seem from first glance that it is towards the Civil side, as Mark suggests, that a remedy lies.
Unless Pug Ugly from his vast store of J.P's can come up with some Case Law for this matter will have raised its ugly head before.
DVD
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Yes I thought the unadopted bit could be a problem, though there must surely be a remedy against this clown.
Anti-social behaviour? Nuisance? Behaviour likely to cause a breach of the peace? Obstruction - not of the highway but the access to caravan man's property.
Does the landlord bear any reponsibility for his tenants behaviour if it is persistent, as in this case?
It is astonishing to me that some folks can behave in this manner and our civilised society seems not to have a remedy.
Caravan man now wants to leave the property where he has lived in peace for 40 years because of the behaviour of this fool.
A nearby town has a "security company which, I am informed, can deal with this sort of thing. Gently spoken words, eg "Some of the things you are doing are causing problems for friends of ours. Be a good neighbour or we will be back" It works a treat in their town.
I need to be careful as caravan man is not in the best of health and his wife has to do all the driving; if it came to a ruckus, he may have a problem.
Given the type of people who have lived in the idiots rented house in recent years, I believe it may be rented out to Social Services for their "Care in the Community" programme.
For ex-pats, this is a scheme where folks who would normally have been kept in supervised accomodation because of their behaviour, for whatever reason, are released into the community and sometimes as in this case, have a terrifying and disruptive effect in what was a peaceful hamlet.
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Thanks Mark, but don't go to any trouble.
Our council if off on a visit to the police control room at Wrexham, North Wales, next week so if I get a chance, I will have a word with them.
I guess they will say it is a dispute between neighbours and not a police matter. Seems *very* wrong to me.
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I guess they will say it is a dispute between neighbours and not a police matter. Seems *very* wrong to me.
"knife threats to neighbours etc." makes it a police matter, I would have thought.
I'd suggest mentioning this to plod.
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Ian,
The knife incident was last year and against different neighbours. Police were called and eventually turned up, by which time the knife had disappeared.
They were told the idiot had two young children in his house and police said they would mention the incident to child protection officers, but as far as we know, there it ended, with a verbal warning.
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Sorry, been too busy to do antyhing other than pop my head around the door to the Backroom, as it where.
No way is this legal advice by the way (!)
Presented with the facts as they are given by Alwyn I would tend to agree with DVD, there is a stock of case law, what I would suggest is a visit to your local CAB with the Injured Party. You will normally find that they have a brief on their books who salves his self respect respect by doing a free turn at the Office. Backroom advice on this case would be very dodgy. I will
try to remember to dig out the Case Law on MOnday (SWMBO has the Stones CD Rom under lock and key at this time)
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Puglovely,
What helpful folks you all are in here.
Sorry to be Philistine, but when you mentioned Stones, I immediately thought of Jagger.
They say we can tell if have any class or not if we can listen to the William Tell Overture and not think the Lone Ranger.
Thanks again to all.
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Alwyn,
Just thinking outside the box, is there any roundabout way this character could be a tenant of the local council. Might not apply here but quite a surprising number of councils have a clause banning antisocial behaviour of tenants and their families with summary eviction being a penalty.
It might be a way to get them moved as behaviour is unlikely to improve. Like the idea of the "local security company" though, but actually worrying what some people are prepared to do to another person and for how little remuneration.
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I think the fact of it's being unadopted is not relevant. That simply means that the local authority is not responsible for the maintenance of the surface.
The relevant point is, is it a public highway, for vehicles? The local authority will know this. It is a criminal offence to obstruct a public highway.
If it is not a public highway, then it comes down to the access covenants affecting the property. 40 years of using it will have established the right to do so, but it will need legal advice and be a civil matter.
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FiF and Cliff,
The owner of the property is the local chapel group. As for a public highway, probably not as it is a rubble surfaced "road" across the common and in fact could well be a bridleway with grace and favour access granted by the Duke of Westminster, who owns the common. The double gates open out from the caravan mans house onto this "road"
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Alwyn,
Now you\'re talking.
If it is from a local church or similar, there will be an absolutely horrendous amount of covenants.
Any of these I have come across seem to have endless things to say about annoying things you must not do.
You need to get hold of them and have a careful look; this may well solve your problem.
Just be aware, there could be something about not parking caravans as well.
M.
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Thanks Mark, that's interesting. Luckily the caravan chap's house is owner occupied and freehold in his ownership, though I am aware there could still be some restrictive convenants.
The rented property, known as Chapel House, is the one with the problem tenant.
I will seek permission from caravan man to write - as his councillor - to the chapel group. As mentioned, I need to be careful in case the wrath of the tenant comes down on the frailish caravan chap. Knives at midnight and all that!
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If access has been permitted for the last 40 years then the access is your friend's in law by common usage. It is unlikely that any covenant in place can gainsay that, especially if a covenant denies access but has been ignored during that time - especially for the last 12 years. While the antisocial behaviour in itself is not a matter for the police, the fact that this moron insists on obstructing your friend's property may be seen as an action likely to cause a breach of the peace - and thus becomes a police matter. Point this out in a friendly way to the local Mr Plod.
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Don't keep us in suspense Alwyn. What has happened in the intervening year?
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