Absolutely fuming

[cuddly61]

Ok I have a vile and nasty neighbour back in 2016 he wrecked my brand new fence by leaning and pushing on first ten panels that had been put in that day caught on cctv . The first court case his solicitor got him off by saying it wasn’t in the public interest I appealed and it went back to court. Basically he lied and lied under oath and the court didn’t ask for the proof I offered to prove his was lying .
But now a friend of mine has shown me him and his wife and their friend taking the mickey about what he did to my fence finding it hilarious.
This is my question the second court case was in May 2017 where he lied and lied under oath. But can I take him through the small claims court after it being heard at magistrate court and case being dismissed.
His lies was claiming it was his boundary and claiming my fence was within his boundary therefore only damaged his own fence I offered the court copies of his and my boundary plan proving it was my boundary I had photos also showing my fence sat within my own boundary but no one in that court room asked to see all this. Dismissed because the magistrates said they didn’t know who owned the boundary.
It was a total travesty of course I complained but basically got told it couldn’t be heard in court again. But I want to know if this includes the small claims court . The value of my claim is £1000 the cost of putting it right.

Why did your solicitor not present this evidence? It’s not the courts job to ask it, it’s your burden to present the case with evidence.

It’s rubbish, and having a nuisance neighbour is awful. You could try small claims court. But before you do, I would really think about your argument. If it was rejected twice because of his lies, how are you going to present it again to get a different outcome?

I will explain.the police officer who dealt with my case was called to give evidence. As far as we knew it was criminal damage charge as that’s what the first case was when his solicitor got it discountinued.
But about twenty minutes before the case was to be heard the cps prosecutor briefly comes to tell me my neighbour was now claiming it was his boundary and I had gifted him my fence.even the police officer laughed at that.
But I thought I’m ok I got all this proof.
But it was the cps prosecutor who just sat there when I told the court I had this evidence I thought why isn’t he getting up to take all this .he just sat there.he was useless. I would had given it to him when he briefly came to talk to me but he was so quick he was gone before I had chance.
I complained to the cps but all they did was say sorry but it couldn’t be took back to court.
And now I find out this nasty neighbour and his friend are taking the mickey on social media about what he did to my fence.
Finding it hilarious they was.
What I found really hard to believe was him telling the court it was his boundary I had my fence put within his boundary therefore he only damaged his own fence. But even if that was true which it wasn’t the law states if a neighbour encroached your land with a fence or anything else you can not damage it as it’s criminal damage .
But as I was a witness I was only allowed to answer questions when I tried saying what I wanted to say they told me I couldn’t

Fuck me the law in this country is utterly shite and unfit for purpose. Vigilante action next?

That's awful OP. I don't know the law but if you can do it, do it.

Did you have a solicitor last time? If so, find a different one.

Yes you can take it to small claims court, even with a finding of not guilty in the criminal system.

The burden on criminal is beyond all reasonable doubt and much lower in civil proceedings it’s Just a balance of probabilities so 51%

Small claims court are good. Very sensible, and the consider your evidence. Burden of proof still there but as it is not a criminal conviction they consider the probability with your evidence. I'd recommend photos. If you quote a witness they will only be interested if the witness turns up in court for you. Get receipts to prove ownership. Keep it short. No need for solicitor - get advocate in. And best advice.. once the judge says you've won and gives you an award... ask for VAT to be added on top! Judges who know you've been screwed over will do it. And don't forget to ask for any lost interest. Our judge gave us the max- think it was 8% 😊

Because in small claims court I will be allowed to present the evidence myself . And my photos showing where my fence is positioned.and my survey report that states his fishpond is over my boundary.thats how I know my fence is within my boundary because the boundary line couldn’t be followed because his pond was in the way so it had to come in within my boundary. I would had tried to get him to move his fish pond it’s a tatty home built one out of pallets but to go through the courts would cost a lot of money . But some claims court doesn’t cost that much.
Plus now I got a copy of him and his friend taking the mickey on social media about my fence. He had done nothing but harass me and police done nothing. Got his neighbour to park his big van on my drive and come round threatening me police did nothing even though I had it all on cctv.unbelievable I know . He has blocked my car in with his lorry and his wife with her car even though they have a big drive it was being done on purpose police did nothing.
They will wait till they hear me opening my front door as I live in a semi then they appear stood in their doorway staring.
They made a malicious false allegation to the police I had shouted abuse at them they made this call within minutes of blocking my car in then a couple of hours later quickly moved their car. When the police turned up at my door a friend came round concerned said my neighbours wife sat on her doorstep laughing her head off.
The latest is I had another drive put in to get my car off the road he is purposely parking his lorry partially over my dropped kerb so it’s totally obstructing my view of the road and difficult to get on and off my drive.again police won’t do anything. Oh then they made a false report I had committed benefit fraud .the list goes on and I can’t afford to move I’m stuck with it.

Look up the institute of chartered surveyors party wall helpline. They have free initial advice for similar issues.

They sound awful, OP. Hope you get this sorted.

All I wanna say is during a rape trial I too had proof in my hands after being called a liar by the defence. There was a question I could proof was not a lie, proof I'd seen a Domestic Violence Housing Officer prior to the last attack and told them what had happened. I had the fucking proof in my hands, a letter, and the CPS didn't care. Tried giving it mid trial. Nope. Even after I uncovered further evidence later on no one was interested. It was awful, a sham, all played in his favour. Police didn't investigate properly, I'd told them about the Housing Officer, the investigator had forgot to go see them and then she went off sick the day before Court. I was shocked at the level of incompetence and really really let down by them.
So sadly this doesn't surprise me. There's no such thing as justice. I understand your frustration and anger.

Omg you have had a far more worse experience than me.the cps are useless .i kept complaining about their prosocuter that he was imcompendent .how he only came to talk to me breifly he hadn’t even seen the cctv footage at that point of neighbour wrecking my fence said he would look at defence solicitors copy.
He just sat there whilevthe defence solicitor was asking questions that wasn’t revelant .not once did he object.
Cocky little devil this defence solicitor when I said I had the boundary plans proving it was my boundary and the council when I brought my house had even wrote on it his picket fence encroached my boundary he just said was a representative from the council in court I said no how the hell would I had known when I was only told about twenty minutes before the court case my neighbour was now claiming it was his boundary ,it was suppose to be a case about him criminally damaging my fence. Then I said the survey report also stated it was my boundary the sly snake then asked if my surveyor was in court which again I said no .that was it .i thought the police officer who took his statement when he was first questioned under caution will clear the matter up as he said “ their” fence in his statement .he never mentioned anything about it being his boundary. When asked why he damaged my fence by the police he said we damaged his so he damaged mine,errrr his fence was a home made picket fence most the posts was rotten and broken off in the ground panels had broke off from the posts.and he had given his permission for its removal. Plus he was now saying he didn’t give permission where in his police statement he said he had given permission.
But after the court case I find out the police officer wasn’t called to give evidence because he wouldn’t had known who owned the boundary.
The cps kept fobbing me off eventually they told me not to contact them again as they wouldn’t reply.
That police officer is retired now I’m sure he would had took action about the trouble I’ve had since.
So the police officer was stopped from giving evidence.the cps prosecutor did not ask for my evidence that I owned the boundary and the three stooges who call themselves magistrates was a complete joke who knew little if anything about the law.
The cctv of him wrecking my fence wasn’t shown in court apparently because he had already admitted he did it.
Now all this time after I’m shown him and his old neighbour laughing about what he did to my fence on Facebook . He was laughing about how many times I had to had it redone,she was laughing saying stay away from her new fence until it’s set .he was laughing about how many court cases.
The lot of them are pathetic but I’m extremely upset they all find it so funny.

Ok finally got a message from him saying you can only liquidate a limited company didn’t my advisor tell me that but saying I can resign and someone else will buy my shares . So I shot him up the back side I sent him this.www.gov.uk/strike-off-your-company-from-companies-register/apply-to-strike-off
Think I need to get a solicitor now he is trying to rip me off

Opps wrong thread