Legal Advice; Solicitors letter re ‘harassment’.
My neighbours have a very high number of visitors due to health issues and their visitors often obstruct my driveway. They mistakenly believe that my driveway access belongs to my neighbours.
When this happens I (and I’m there to see it) I always (politely!) point out to the visitor that they are causing an obstruction and I cannot access my property; the driver invariably apologises and simply moves their vehicle forward a few yards. There is more than ample parking for any vehicle and it is not necessary to impinge on my driveway access; it is a very quiet and uncluttered cul de sac both night and day.
However, I have recently received a Solicitors letter, who is acting on behalf of my neighbours, in which I was effectively accused of ‘harassment’ .
The exact wording in the Solicitors letter was quote “In our clients view it amounts to harassment........”
I was quite concerned as ‘harassment’, to the best of my knowledge is now classed as a criminal offence.
However, after some serious back-peddling the Solicitor sent me another letter, 5-days later (at that point he knew I’d taken advice from the Local Constabulary) in which he said the 1st letter was a ‘clerical misunderstanding’; .....he’d stealth-edited the phrase “In our clients view it amounts to harassment....” and altered it to “The conduct may amount to harassment.......”
The Solicitor was rather miffed that I’d contacted the Local Constabulary over the initial ‘harassment’ reference and he was even more spiky when I pointed out that I’d noticed the stealth-edits to his letter.
However, the Solicitor now states, quote “The issue is you questioning the visitors when they park on the public highway” unquote.
He quite pointedly omits to add the phrase “..and obstruct your driveway”.
My question is really for you legal boffins on how I should answer this issue.
Is there any precedent in Law that forbids me speaking, in a polite, well mannered and calm fashion, to anyone in public, or on the public highway?
Also any suggestions on how I should phrase my reply to the Solicitor.
Sorry for the lengthy post. All advice gratefully received.
When this happens I (and I’m there to see it) I always (politely!) point out to the visitor that they are causing an obstruction and I cannot access my property; the driver invariably apologises and simply moves their vehicle forward a few yards. There is more than ample parking for any vehicle and it is not necessary to impinge on my driveway access; it is a very quiet and uncluttered cul de sac both night and day.
However, I have recently received a Solicitors letter, who is acting on behalf of my neighbours, in which I was effectively accused of ‘harassment’ .
The exact wording in the Solicitors letter was quote “In our clients view it amounts to harassment........”
I was quite concerned as ‘harassment’, to the best of my knowledge is now classed as a criminal offence.
However, after some serious back-peddling the Solicitor sent me another letter, 5-days later (at that point he knew I’d taken advice from the Local Constabulary) in which he said the 1st letter was a ‘clerical misunderstanding’; .....he’d stealth-edited the phrase “In our clients view it amounts to harassment....” and altered it to “The conduct may amount to harassment.......”
The Solicitor was rather miffed that I’d contacted the Local Constabulary over the initial ‘harassment’ reference and he was even more spiky when I pointed out that I’d noticed the stealth-edits to his letter.
However, the Solicitor now states, quote “The issue is you questioning the visitors when they park on the public highway” unquote.
He quite pointedly omits to add the phrase “..and obstruct your driveway”.
My question is really for you legal boffins on how I should answer this issue.
Is there any precedent in Law that forbids me speaking, in a polite, well mannered and calm fashion, to anyone in public, or on the public highway?
Also any suggestions on how I should phrase my reply to the Solicitor.
Sorry for the lengthy post. All advice gratefully received.
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Comments
"If your clients don't wish to be spoken to in a polite, mannerly fashion, which is how I've behaved to date, then I shall be forced to contact the police each time they illegally obstruct my driveway, thereby allowing the police to deal with the matter. If that is how you wish to resolve this issue, I am sure your clients will be happy with the proceedings which ensue."
Summat like that, anyway.
Also could you put up a sign to let people know they are blocking your access?
b) I refer you to the reply given in the case of Arkell v. Pressdram
c) Or some of Inspector Harry Callahan's most famous quotes..
d) Point out that threatening and misleading letters from their solicitor may constitute harrassment, and if this continues, you may have no option other than reporting them to the SRA.
e) Point out that your neighbour's failure to ask their visitors to park legally and correctly may also constitute harrassment.
Seriously, if you do want to take it further, you could ask in what way politely asking members of the public not to restrict access to your drive constitutes harassment, and if the solicitor could clarify where the limits are in polite well-mannered conversations with members of the public in respect of loss of access to one's property, that would be most helpful. You could also ask him to provide clear guidance on the legal meaning of harassment, to allow you to ensure that you don't cross a boundary that you didn't know existed. Arkell v. Pressdram wins for me every time though.
It depends really;.... many of the very high number of visitors are ‘regulars’ and regularly block access when I’m actually exiting or entering my drive; (until I ask them to move and they generally don’t obstruct again)
Other times I will ask them to move forward, if I see them, and I know I’ll be leaving my property shortly or someone is due and will be entering my property.
I honestly don’t have an issue with my driveway being obstructed if I’m not using it.
If someone blocks my drive for a few hours, and I know it’s not going to be used then it really doesn’t worry me. It’s not really worth the effort of walking down my drive to the road (which is not exactly close to my back-door) and asking the person to move.
However, it does cause repeated issues when I need the driveway to be clear.
apparently parking across a dropped kerb is an obstruction.
http://www.drivingtesttips.biz/dropped-kerb-parking.html
if anyone is doing any harassing, its your neighbours. They would have done better giving you a bottle of wine and apologising.
I would take photos and ring up either the feds or the council every time it happens, so you have some ammo ready.
If they think they have a case let them pursue you, if right is on you side.
Asking people to shift politely is not harassment IMO.
I write don't reply but perhaps a strong response in the form of a letter from your solicitor might be a wise thing and they will back off.
Thanks.:)
Yes, it is a ‘standard’ dropped-kerb with a very ‘standard’ pavement on a very ‘standard’ road;. (it’s a cul de sac actually):)
Obstructing my own drive, to prevent others obstructing my drive is indeed a reasonable suggestion.
However, it’s quite a little trek to my back door and if I need to park on the public highway it rather defeats the object of having a driveway and garage parking; and my vehicle would still need to be moved to allow others access to and from my property.
I just wish my neighbours would move; I’d gladly pay all their removal expenses.
Mrs Neighbour has a pretty miserable life due to Mr Neighbour, and she seems to have a full time ‘mission statement’ that reads ‘Spread the Misery’;....I think it makes her feel better.......although you’d never guess.
The downside of this is it costs money to get a solicitor to act for you. Why should the OP go to any expense to deal with inconsiderate and rude people?
IMO the OP can either ignore the letters or write to the solicitor asking for a full explanation of how polite requests asking people not to obstruct a driveway amounts to harassment. It could also be suggested to the solicitor that perhaps they're not being given accurate information by whoever has contacted him/her. It certainly sounds like someone is being dishonest here - never mind stupid.
Well worth checking out.
That was the response from Private Eye in Arkell v. Pressdram:
We acknowledge your letter of 29th April referring to Mr J. Arkell. We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: f%"k off
Solicitors tend to resort to stuff like that when they don't have a leg to stand on.
Somehow I have the same feeling about this letter. I'd not respond myself but would let a solicitor handle it on my behalf. It might be worth nipping this in the bud.
Many thanks for the helpful replies.
Post #13 may be well come in handy.;-)
I really am incensed by the Solicitors continued reference to the word ‘harassment’; considering ‘harassment’ is now a criminal offence.
Anyone think I could use something from this ‘link’ in my reply to the Solicitor.
Harassment Act
It’s very!! long but I think the following sections may be useful to me;
Sections: 2.23,...... 2.28,...... 2.29,..... 2.30(c)..... & 2.31.
Any thoughts?
As pleasing as the idea of taking on these chancers yourself must be, your best course of action really would be to engage a solicitor to write a strongly worded reply. That's the best way to nip things in the bud quickly and efficiently. Don't get into it yourself.
The two who shared my landing have finally left after years of putting up with them using the washing machine at 3am, the kitchen blender was often on a 2am. They were Arabic, so although I believe we had different cultural differences, there was absolutely NO reasoning with them - they saw there actions as my problem and not there's!
The woman's brother used to shout through the shared letter box because they wouldn't answer the door to anyone other than people they knew.
I tried reasoning - but in the end I ended up playing them at their own game - So if they want to use the washing machine up til 3am, then I would set mine off just before leaving for work, when they were sleeping. That was the only way to get the message through to them.
I am so relieved they were given notice and left.
If the situation is as clear cut as the OP details, it doesn't seem likely it will go any further. If it does, then is the time to engage a solicitor.