Dog jobbies in my garden ... could I take them to court?

[My login is Henrietta]

I'm having problems with some neighbours from Hell!  The live in a flat by my house and don't have a garden.  For the past two years they have let their dogs use my garden as a toilet.  I wrote them a nice letter at first asking them to stop as some of my friends children play in the garden and worried about the Toxocariasis infection.   It stopped for a little while but now it is unbearable and turning me into a complete stresshead.  I've reported them to Environmental Health three weeks ago but it's still happening (they have had other complaints as it is in the passageway at the side of the house). The neighbours have seen him occasionally going into my garden to clean it up   I'm considering putting a CCTV system in place as this happens late at night or in the daytime when I work long hours.  I have only ever seen them walk their dog on a lead once.   My garden used to be my pride and joy and this is frustrating beyond belief.  Does anybody know if I could prosecute if I gained evidence of this happening?

If you took them to court, assuming you could do so, would be a pyrrhic victory if you won. It would be considerably cheaper to erect a gate and dog proof fence/hedge.

[Duke Fame]

Thanks for the info Dave and Tricky.  The Environmental Health have said that they have sent messages to the Dog Wardens and they are supposed to be going round to have a chat about how to be a responsible dog owner and will let me and the other complainer know who they get on. 

Have you thought about knocking on their door and just talking to them about it?


I'd not take the jobbies to court if I wee you, you'd be in contempt.

[Princesslola]

Thanks for the info Dave and Tricky.  The Environmental Health have said that they have sent messages to the Dog Wardens and they are supposed to be going round to have a chat about how to be a responsible dog owner and will let me and the other complainer know who they get on. 

[Dave]

Good ideas from tricky.

Also, if you register on this site: http://www.gardenlaw.co.uk/

...and post your question, you will probably get some expert advice.

[Tricky]

Phone the council and ask for the anti-social behavior team.

I don't think there is environmental health legislation in this case as its not public property.. (if an other persons property was causing you nuisance then that would be different)

If they let their dog out unattended.. the dog wardens can have it! Phone them too

[Princesslola]

I'm having problems with some neighbours from Hell!  The live in a flat by my house and don't have a garden.  For the past two years they have let their dogs use my garden as a toilet.  I wrote them a nice letter at first asking them to stop as some of my friends children play in the garden and worried about the Toxocariasis infection.   It stopped for a little while but now it is unbearable and turning me into a complete stresshead.  I've reported them to Environmental Health three weeks ago but it's still happening (they have had other complaints as it is in the passageway at the side of the house). The neighbours have seen him occasionally going into my garden to clean it up   I'm considering putting a CCTV system in place as this happens late at night or in the daytime when I work long hours.  I have only ever seen them walk their dog on a lead once.   My garden used to be my pride and joy and this is frustrating beyond belief.  Does anybody know if I could prosecute if I gained evidence of this happening?