4. Taking your own legal action
You can make a complaint to a Magistrates Court.
The Magistrates Court may demand the person causing the nuisance to stop and/or prevent the nuisance starting again.
Make sure you have the following information:
- The address complained about
- The name of the person causing the nuisance
- The type of nuisance (e.g. loud music)
- When and how often the nuisance occurs
- The effect the nuisance has on your living conditions (e.g. can't sleep)
- An example of one particular time when the nuisance was a serious problem to you
- The number of times you have complained to the person causing the nuisance (keep copies of letters you may have written)
- Police statements if they have been called
- Your noise nuisance dariy
You should also speak to other neighbours to see if anyone else has the same problem and is prepared to give evidence against the person causing it.
The procedure you need to follow:
- At least 3 days before you visit the court, write to the person causing the nuisance and tell them that you intend to take out a court summons against them under section 82 of the Environmental Protection Act 1990 for nuisance. Keep a copy of this letter.
- Go to Tameside Magistrates Court, Henry Square, Ashton-under-Lyne OL6 7TP. Afternoon is usually the best time, but phone the Court to check before you go, on Tel: 0161 330 2023
- Ask for the Justices’ Clerk’s Office and tell them you wish to lay a complaint under section 82 of the Environmental Protection Act 1990 for nuisance.
- A secretary will type your summons on a court form. It will be signed by the Magistrates’ Clerk and sent to the person causing the nuisance, whose full name you must provide.
- The Court will fix a date for the hearing of your case. This will normally be several weeks after the summons is served.
- Tell the Clerk that you need at least 2 hours of Court time. Insist on this, otherwise on the day the case is heard it may be adjourned (put off to another date).
- Ask the Clerk for advice on Court procedure so that you know how to present your case.
- On the day of the hearing, you will have to attend Court and convince the Magistrates that there was/is a nuisance. The person causing the nuisance will probably try to convince the Court that they are innocent and that your charge is nonsense.
- It will help if you can bring witnesses to support your case.
- Don’t forget to bring all your papers with you to the Court.
You may be able to get free legal advice - ask a solicitor at the Citizens Advice Bureau if you think you may be eligible.
If you lose your case you may be asked to pay any money the person has spent defending himself e.g. hiring a solicitor.