Upset, court action against me.

Amaretto

Well-Known Member
Joined
3 October 2008
Messages
726
Location
Lancs
Visit site
I am stressed! I have received a letter from my local council to say that my neighbour will take me to court for a sum of £5K, with a further fine of £500 for every time my dog barks and disturbs her thereafter, if disturbances do not reduce over the next 6 months.

A while back, she complained about his barking via text. Lots of bad language, not nice. He barks when her baby is crying at night, and I had tried to prevent this from happening by locking him at the other side of the house, so he was less likely to hear the baby and respond. I tried to understand her point of view, because she is a single Mum, and a crying baby at night must be stressful, and made worse if my dog barks as a result. After this, my dog did not bark much - the move the the hallway at night seemed to sort it. She sent me a text following this to thank me, and apologised for her baby continually waking me.

Anyhow, I'm pretty peeved following receipt of this letter. My neighbour had made no attempt to speak to me in person, just this letter out of the blue. The thing is, my dog doesn't bark that much anyway! There are seven dogs living on my small cul-de-sac, who all bark at different points in the day, some excessively - though none of the other neighbours have received a letter. I spoke with my other neighbours to confirm this, and all of them said they were shocked as they had never heard Dylan barking, and one even admitted that she was worried she would get a complaint off one of the neighbours for the amount of barking her German Shepherd does.

Dylan will bark when someone is near the vicinity of the house, for example when the postman arrives, or when the window cleaner is working, ie for jusifiable reasons, as he is guarding my property. I see this as expected behaviour, as long as it doesn't carry on for too much longer after the event.

Secondly, I do not usually have Dylan at home all the time. He stays at my Dad's house from Friday morning, until Monday morning - effectively 3 whole days. He often stays at my Dad's for a week at a time when he is on leave from work, the latest one being the last week in May. (He is really my Dad's dog, but I look after him during the week, as my Dad works away). When I am at work during the week, I take him to my Dad's house after I have walked him before work, and my Dad's neighbour takes him out twice a day with his Jack Russell. Then I pick him up and he comes to the yard with me in the evening. My neighbour often stays at her parent's house, so adding the scenarios together, she is rarely in a position to be disturbed by my dog.

The council have told me they are fitting monitoring equipment, which worries me because there are so many other dogs in the vicinity, how can they be sure if it is my dog barking? I have e-mailed them to express my concern and explained that Dylan is not always at my house, that he sleeps at the other side of the house at night etc etc.

My neighbour is a very angry person and not easy to speak with, therefore I have not attempted to speak to her face to face, as I really don't think she would take on board what I am saying. She is bipolar, so I never know what state of mind she is likely to be in. I am extremely upset she has made efforts to report something which could impact me greatly, and is factually incorrect. She had sent a diary to the council, documenting cases where she had been disturbed. When I spoke to the council on receipt of the letter, they went through it with me, and there were instances when Dylan was at my Dad's, so how could he have disturbed her!!!

Sorry for the rambling post...what would you do? :-(
 
Am I right in thinking that the dog is not in the house during the day?
So any barking is at night when you are in?

Did you get a letter initially saying that a complaint had been made and that the complainant has been asked to keep a 3 week diary?

What did I do?

I kept a diary myself of their barking, to ensure it tallied with the neighbour's diary.
As it happened, nothing more came of it.

If the Council are putting in monitoring equipment, surely that is a good thing if you are sure it's not your dog. They will know if it is your dog by the volume and not a bark picked up from a neighbouring dog.

Can you leave a radio on at night for the dog, to try and mask the sound of the baby in the meantime?
 
Did she pluck that figure out of thin air:confused: Im suprised your council even drew up that letter, they should have told her to "wake up" firstly it's harder than you think to actually have anything done about barking dogs, it takes literally years to get it to court, I would welcome the equiptment, it will prove your dogs barks minimally and only when disturbed "which dog do" funnily enough:rolleyes: dont stress just yet, as suggested radio and having him at the other end of the house may help for now or extra time at your dads whilst the equiptment is in:rolleyes:
They are also meant to patrol randomly at different times of day to monitor noise.

Can u charge the same for the squalking baby:rolleyes:
 
Am I right in thinking that the dog is not in the house during the day?
So any barking is at night when you are in?

Did you get a letter initially saying that a complaint had been made and that the complainant has been asked to keep a 3 week diary?

What did I do?

I kept a diary myself of their barking, to ensure it tallied with the neighbour's diary.
As it happened, nothing more came of it.

If the Council are putting in monitoring equipment, surely that is a good thing if you are sure it's not your dog. They will know if it is your dog by the volume and not a bark picked up from a neighbouring dog.

Can you leave a radio on at night for the dog, to try and mask the sound of the baby in the meantime?

I did not receive a letter to say that a complaint had been made, and they had been requested to keep a diary.
 
Councils are far too heavy handed with this sort of thing in my opinion - I remember a case locally a few years back when some stupid biddy complained about a cockerell crowing - and we live in the country!! Dog wardens in particular for example, and these little jumped-up gods and goddess masquerading under the guise of "noise abatement" have far too much power and by golly they abuse it, which I think is what's happening here.

I do hope everything turns out OK for you.
 
dont panic! get your diary out and log when the dog was present in the last 3 months! now keep a diary as to the hours the dog is in residence! i dont think she has a leg to stand on! but do keep the records of how long the dog is in the house and how many hhours the dog is out of the house, also log the unattended dog hours! but yes i would speak to the writer of the letter on monday first thing! also log if you can hear her baby screaming!!! sreaming babies are not happy babies! think you need to fight your corner!
 
Just make sure the dog is silent or absent for the time period and that scuppers the whole thing,that`s what we did..never had another word!They only get that three week period to prove it,after that its OK. THEN complain mightily about the squawking child.
 
I am really sorry for the hassle you are getting but if the council has taken this action it appears they must have proof.
We have several dogs living on site in the tenants homes and if they go out and leave them several will bark near enough non stop. It drives me nuts in the end because it permeates everything you do, from reading to watching tv.
Your neighbour sounded at the end of her tether from what you say with a baby crying non stop and a dog barking, so perhaps that's why she reacted as severely as she has.
The council set up a device against the adjoining wall as a rule, and if they say your dog is barking excessively, then it must be, they would not send you a letter like that without recorded proof I'm afraid.
From reading between the lines it might be that your dog barks when left alone when you are at work, and other than leave him with someone during the day I can't see a solution.
The overall impression given by you in your post is that you don't believe your dog is a problem, when to outsiders, it seems it is.
Sorry if this sounds unsympathetic, it's not intended that way, but non stop dog barking really is a pain if you don't own the dog..
I think the only solution you have is to find someone to care for your dog during the times you are out, otherwise the council will take action against you.
 
I sympathise with you as I had a similar letter a few years ago, my dog was barking constantly all day while I was at work.. I moved luckily shortly after.

I do however, feel very sorry for a young bi-polar mother living next door to a barking dog, if I did it would drive me mad..
 
I am really sorry for the hassle you are getting but if the council has taken this action it appears they must have proof.
We have several dogs living on site in the tenants homes and if they go out and leave them several will bark near enough non stop. It drives me nuts in the end because it permeates everything you do, from reading to watching tv.
Your neighbour sounded at the end of her tether from what you say with a baby crying non stop and a dog barking, so perhaps that's why she reacted as severely as she has.
The council set up a device against the adjoining wall as a rule, and if they say your dog is barking excessively, then it must be, they would not send you a letter like that without recorded proof I'm afraid.
From reading between the lines it might be that your dog barks when left alone when you are at work, and other than leave him with someone during the day I can't see a solution.
The overall impression given by you in your post is that you don't believe your dog is a problem, when to outsiders, it seems it is.
Sorry if this sounds unsympathetic, it's not intended that way, but non stop dog barking really is a pain if you don't own the dog..
I think the only solution you have is to find someone to care for your dog during the times you are out, otherwise the council will take action against you.

In in the first instance a council will give the complainant a three week diary to fill in ,noting times of noise.If there is enough evidence of nuisance ,then it moves up a gear to council recordings,just keep things deathly quiet in those three weeks..even if you have to use a "bark collar" for that time.Actually it might be a good idea to have one anyway..does he bark lots when you are out?
 
I am really sorry for the hassle you are getting but if the council has taken this action it appears they must have proof.
We have several dogs living on site in the tenants homes and if they go out and leave them several will bark near enough non stop. It drives me nuts in the end because it permeates everything you do, from reading to watching tv.
Your neighbour sounded at the end of her tether from what you say with a baby crying non stop and a dog barking, so perhaps that's why she reacted as severely as she has.
The council set up a device against the adjoining wall as a rule, and if they say your dog is barking excessively, then it must be, they would not send you a letter like that without recorded proof I'm afraid.
From reading between the lines it might be that your dog barks when left alone when you are at work, and other than leave him with someone during the day I can't see a solution.
The overall impression given by you in your post is that you don't believe your dog is a problem, when to outsiders, it seems it is.
Sorry if this sounds unsympathetic, it's not intended that way, but non stop dog barking really is a pain if you don't own the dog..
I think the only solution you have is to find someone to care for your dog during the times you are out, otherwise the council will take action against you.

Hi, please can you read my original post carefully, as I've already said that Dylan stays at my Dad's whilst I am at work. And to say they have hard proof - well they don't, only the diary from my neigbour. I have spoken to the council and they have said at the moment it is my word against hers and at the moment they are operating from a neutral viewpoint. The next step is to install monitoring equipment. The monitoring equipment is not is place at the moment, although I will find out exactly when they intend to fit it. And NONE of my other neighbours have heard him, so it's not 'outsiders', just one person.
 
Last edited:
I sympathise with you as I had a similar letter a few years ago, my dog was barking constantly all day while I was at work.. I moved luckily shortly after.

I do however, feel very sorry for a young bi-polar mother living next door to a barking dog, if I did it would drive me mad..

She lives on a small cul-de-sac, with seven dogs all in close proximity, and my dog is not even there for half of the week. None of my neighbours have heard him, and he is not in the house during the day as he stays at my Dad's. He rarely barks when he is at home with me. I wouldn't feel so aggrieved if her claims were true!
 
Sorry Amaretto, I must have skimmed through it. I read it that your Dad had the dog three days a week leaving him at home for the other four?
I find it hard to understand why a council would write such a letter unless they have proof not just someone's word of it, are you sure your neighbour hasn't sent the letter pretending it's from them? I would ensure they did send it I think.
Is your neighbour then saying the dog barks when someone is there?
They don't normally let anyone know there is equipment in place (friend works in that dept round here) so don't count on being warned.
I would regardless of your neighbour do my damndest to keep the dog quiet, it isn't worth the hassle and stress you will undergo.
It is possible to train them to stop, usually by rattling something noisy at them, but if you feel his barking isn't excessive then all you can do is wait and see what the environmental health monitoring comes up with. If he isn't barking then she will have no case, so perhaps that's the best way to go.
I'm not a dog hater by the way, I have two dogs one of which goes mental whenever the postlady pushes letters through, but he does shut up if I yell at him!
 
There's always 2 sides to every story. Some of the dogs around my house drive me up the wall, yet according to their owners they 'barely bark' and are 'hardly ever left alone'. Sorry but I don't see why she'd complain without reason!
 
I completely sympathise. My neighbours are having similar issues with a shared neighbour. I'd have a word with the other neighbours and see if they could give you letters of support saying they do not hear your dog being a nuisance. Yes dogs bark but that does not constitute them being a nuisance just because someone has a low tolerance threshold.

In our local case the irony is the family who complain constantly about the dogs is also the one whose four children make so much noise neither my mum nor I bother to sit in our garden anymore :( Its also the family who another neighbour has heard deliberately winding both mine and other dogs up. Wee fe**ers.

You could of course be particularly malicious and suggest to the mother that all you'd need to make was a call to social services about concerns for her child and see how she liked that. But I wouldn't recommend it.

It is obviously very worrying to think of a young, vulnerable mum with a mental health issue being upset but ultimately neither her illness nor her restless baby is your fault and you shouldn't feel threatened because someone else can't cope.

TBH if it was me, I'd pop in and see if there was anything I could do to help her - hang the washing out / do the ironing / watch the baby to let her get some sleep etc. if she slammed the door in my face then at least I'd have tried. But hope it may just start a bit of bridge building and if she's not so stressed she might be less upset by the dog. Ya just never know.

Good luck.
 
There's always 2 sides to every story. Some of the dogs around my house drive me up the wall, yet according to their owners they 'barely bark' and are 'hardly ever left alone'. Sorry but I don't see why she'd complain without reason!

Are you suggesting that I am lying?

Understand that there are 2 sides, but she needs to be sure it is my dog making the noise. As I've said, he isn't there all the time, whereas there are six other dogs on the street full time. In fact, yesterday whilst I was watching the football on tv, the alsation across the road was barking for most of the afternoon. My dog was at my Dad's. Concerns me that monitoring equipment might pick this up, when my dog wasn't at fault.
 
Are you suggesting that I am lying?

Understand that there are 2 sides, but she needs to be sure it is my dog making the noise. As I've said, he isn't there all the time, whereas there are six other dogs on the street full time. In fact, yesterday whilst I was watching the football on tv, the alsation across the road was barking for most of the afternoon. My dog was at my Dad's. Concerns me that monitoring equipment might pick this up, when my dog wasn't at fault.

Some people just complain willynilly.We have one at the top of our field,anything and everything.We had a neighbours GSD mouthing off all day..they even left it outside on firework night,so my dogs prob. got blamed for that too.Consult the other dog owners as to if they got a letter too.Seems to me the solution is for her to move.Now I suggested that..and that one shut up,and now her husband admits that "Angela notices things,I don`t" said with a smile.Chill out,don`t worry..but consult your neighbours ,we did.As I have said a bark collar..the citrus spray sort from The Company of Animals will make absolutely certain your dog is not her problem.
 
You've reminded me about one of mine with the citrus anti bark collar. A bitch we took on at 9 months, she had been taken back by a fellow breeder and had quite a few problems as a result of being shut up in a cupboard under the stairs for hours on end :mad: . She barked non stop when outside so we tried a citrus collar, it shut her up for a bit then barking was as bad as ever. We discovered she was shutting her eyes and barking and sneezing alternately.:D
 
We used to have a neighbour that complained about mums dogs barking alot. They only used to bark when someone was outside or if they need to go out to the toilet. One night neighbours were out and dogs went crazy Werealised dogs were going wild because someone was trying to break into neighbours house. Needless to say they never complained again :D
 
Some people just complain willynilly.We have one at the top of our field,anything and everything.We had a neighbours GSD mouthing off all day..they even left it outside on firework night,so my dogs prob. got blamed for that too.Consult the other dog owners as to if they got a letter too.Seems to me the solution is for her to move.Now I suggested that..and that one shut up,and now her husband admits that "Angela notices things,I don`t" said with a smile.Chill out,don`t worry..but consult your neighbours ,we did.As I have said a bark collar..the citrus spray sort from The Company of Animals will make absolutely certain your dog is not her problem.

Hi, I've spoken with my neighbours and none of them have received a letter. None of them have heard my dog barking either and have said they would back me if it came to it. She is singling me out. Wouldn't dare come up against a family, with a big burly husband...
 
If that's the case ignore her, she won't have any case against you.
They will listen to your neighbours if more than one say it's not a problem for them, perhaps due to lack of sleep she's being hyper sensitive, some new Mums are like that. One of my friends insisted we remove our shoes and tiptoe about when her baby was small, it made us vow to make loads of noise when we had kids and sure enough, ours slept through DIY drilling in the next room!
 
You've reminded me about one of mine with the citrus anti bark collar. A bitch we took on at 9 months, she had been taken back by a fellow breeder and had quite a few problems as a result of being shut up in a cupboard under the stairs for hours on end :mad: . She barked non stop when outside so we tried a citrus collar, it shut her up for a bit then barking was as bad as ever. We discovered she was shutting her eyes and barking and sneezing alternately.:D

What a clever dog!She`ll need to be on the mains then..only joking!
 
Top