Criminal damage

Criminal damage

Postby SarahSue » Sat Aug 27, 2016 8:21 am

I have very clear CCTV footage of my neighbour pushing back red robin bushes that were firmly within my boundary and stamping on them and trying to break what would be newly planted bushes. Does anyone know if this would constitute criminal damage even if the plants aren't yet ruined (just bits of branches snapped off and slightly uprooted).
Any comments very much appreciated.
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Re: Criminal damage

Postby mr sheen » Sat Aug 27, 2016 8:10 pm

Criminal damage is a determination that the police and CPS make.
If you are involved in an on- going boundary dispute the police may not want to get involved and actually have important things to do. Community support officers may have achat with both parties to try to keep the peace.
The problem you have...you claim they are clearly in your boundary .....does he agree? Or does he dispute where the boundary is, or does he believe the plants have encroached into his land and hence he has a right to remove them from his property...this is also the problem the police will have since determination of the position of a boundary is a complex matter.
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Re: Criminal damage

Postby SarahSue » Sat Aug 27, 2016 9:18 pm

Hi
This isn't a boundary issue. He seems to accept the status quo of where the boundary is (where it has always been).
The issue is and always has been that he is determined I will not have screening and still see his bins. He also wasn't happy about the rocks I put in to stop him pushing said bins into my garden.
So accepting no boundary issue, this surely cannot be right that he can cause damage like this.
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Re: Criminal damage

Postby mr sheen » Sat Aug 27, 2016 9:34 pm

Sounds like a dispute to me....and every dispute has 2 sides.
Doubt police will be interested in bent over plants or this sort of squabble.
Time to do the adult thing and talk to each other and be reasonable and try to sort it out.
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Re: Criminal damage

Postby COGGY » Sat Aug 27, 2016 10:56 pm

Hi

If this is definitely not a boundary dispute and you have clear cctv evidence then I suggest you contact your local community support officer. We received help from our local community support officer in similar circumstances. In fact he stated he would put the neighbour on a register held by the local Council. I don't know if this happened, never having even heard of such a register, but presumably as he said it was his intention he did so. Your neighbour is not entitled to damage your plants. If you were to damage his car (don't do it :D ) you would expect a visit from the police. Make sure when phoning to ask the name and number of the person you speak to, plus an incident number for future reference, should the situation escalate further. In fact if you look on line you should be able to find the direct phone number to use for your local officer. When phoning be sure to state it is not a boundary dispute. Coggy
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Re: Criminal damage

Postby SarahSue » Sun Aug 28, 2016 8:04 am

mr sheen wrote:Sounds like a dispute to me....and every dispute has 2 sides.
Doubt police will be interested in bent over plants or this sort of squabble.
Time to do the adult thing and talk to each other and be reasonable and try to sort it out.


Some people do not act like adults. I have tried, believe me and I agree that usually there are two sides but not in this case. He got a visit from the community officer and had no complaints to throw back about us. The police are taking things further. There is a history of harassment, so not just about one issue. Sadly, some people are just bent on causing trouble. A few plants being damaged might not seem like a huge issue to some but there was a cost to those plants and I am a very keen gardener, take great pride in my garden so to have someone wilfully trying to cause damage, that is out of order. There really does come a time when enough is enough and if action isn't taken then it escalates and just carries on and on. The plants were not infringing on his property and indeed I had put in metal trellis in anticipation of when they started to thicken up so this wouldn't happen. *If* the plant began to grow over his side (which I won't let happen) he is entitled to snip off the overhanging bits. At this stage, they are in their infancy and not encroaching.

If someone is seen pushing with both hands at the root of the bush causing it to uproot slightly, a strong possibility of damage to bush.

Again, thank you for your replies.
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Re: Criminal damage

Postby arborlad » Sun Aug 28, 2016 8:20 am

arborlad

smile...it confuses people
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Re: Criminal damage

Postby SarahSue » Sun Aug 28, 2016 9:25 am

I should not have started a new thread? So many different issues coming from this neighbour.

I stress, no boundary issue now at all. It was never questioned by him.
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Re: Criminal damage

Postby arborlad » Sun Aug 28, 2016 9:55 am

sorra wrote:I should not have started a new thread? So many different issues coming from this neighbour.

I stress, no boundary issue now at all. It was never questioned by him.



In my opinion, no. There is nothing being discussed in this thread that hasn't been covered in whole or in part in your other thread, this is simply another facet of that problem and much better contained within one thread that has all the background and history to that problem.
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Re: Criminal damage

Postby despair » Sun Sep 25, 2016 11:03 am

sadly some neighbours are hell bent on causing aggravation and problems
they lead sad pathetic lives and their only joy is causing annoyance trouble and even damage
in their pathetic attempts to gain attention
if you clearly have CCTV usually this deters them although they will still try to find ways to not be seen

you have to be one step ahead of these idiots and always totally and utterly ignore their very existance
be careful to log and record every instance of petty behaviour and keep your pcs in the loop

They can be put on the ASBO list at the local council although that might not be in your best interest if you want to sell and move
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Re: Criminal damage

Postby SarahSue » Mon Sep 26, 2016 6:43 pm

despair wrote:sadly some neighbours are hell bent on causing aggravation and problems
they lead sad pathetic lives and their only joy is causing annoyance trouble and even damage
in their pathetic attempts to gain attention
if you clearly have CCTV usually this deters them although they will still try to find ways to not be seen

you have to be one step ahead of these idiots and always totally and utterly ignore their very existance
be careful to log and record every instance of petty behaviour and keep your pcs in the loop

They can be put on the ASBO list at the local council although that might not be in your best interest if you want to sell and move


I will happily ignore him and his antics but he just keeps on finding new ways to harass. The latest one, he reported us falsely to Environmental Health for having a noisy garden sprinkler on for hours and at times when we were on holiday and not even in the house! The CCTV will deter him (I hope). We were offered (and agreed to) mediation but have heard nothing since and, to be frank, I don't see the point since we have done nothing to harass him unless you count putting up a trellis planter to hide unslightly bins as harassing. I have meticulously logged and photographed everything. Thankfully my bushes have survived two assaults and most likely the talking to he got from the police has shaken him up enough that he won't try that again.
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Re: Criminal damage

Postby despair » Mon Sep 26, 2016 7:20 pm

Refusal to mediate especially one to one with mediators is a sure sign of bullies
Bullies will never mediate because they consider they alone are perfect even judges are wrong in their tiny minds
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Re: Criminal damage

Postby SarahSue » Mon Sep 26, 2016 8:21 pm

Well, I am not surprised that the mediation route has not happened. We had major doubts that it would work since there is nothing on our side that we can offer. But it was put to us that it would look bad on us if they agreed and we refused so we felt pushed into agreeing. The neighbour has probably come to the same conclusion and short of making something about us up, he knows it would be very one-sided. As I said to the policeman, what we want is actually very simple - we just wanted him to stop encroaching on our property and deliberately pushing his bins into our garden. So no mediation needed really, just an understanding from him that his behaviour is unacceptable and to stop his antics.
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Re: Criminal damage

Postby COGGY » Mon Sep 26, 2016 9:27 pm

Hi

As I said to the policeman, what we want is actually very simple - we just wanted him to stop encroaching on our property and deliberately pushing his bins into our garden. So no mediation needed really, just an understanding from him that his behaviour is unacceptable and to stop his antics.


You, together with the majority, may believe that to be simple, unfortunately there are some, your neighbour appears to be one, who are more interested in their "rights" than anything else. Sadly they are unlikely to ever be interested in your point of view. I have also learnt, to my cost, that they cannot be trusted. Regards Coggy
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Re: Criminal damage

Postby despair » Mon Sep 26, 2016 10:36 pm

DITTO
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