1.If the issue has not resolved at this stage and there is a lack of cooperation from the alleged parties, and you are aggrieved by the existence of a nuisance, you can file a complaint direct to the Magistrates Court, legislation for the process is detailed under Section 82 of the Environmental Protection Act 1990.
Under these provisions you are required to write a formal letter to your neighbour stipulating that you consider the noise that is occurring is amounting to a nuisance and unless this ceases or reduced to a satisfactory standard within a reasonable timeframe that you intend to escalate the complaint to the Magistrates Court. It is important that you keep a copy and record of the letter documentation and proof of postage as this can act as evidence at court.
2. If you conclude there has not been any improvement and you consider this a nuisance you are then required to inform the neighbours of your intentions again. This letter should provide clarification to your neighbour that you will provide a minimum of 3 further days before you take action under Section 82 of the Environmental Protection Act 1990. The notice should be dated, clear, concise and detail the complaint/s and processes that has took place so far. It is important you keep a copy and record of the letter documentation and proof of postage as this can act as evidence at court. This may be used as evidence to illustrate you have acted reasonably and provided an opportunity for the situation to be rectified before applying to the Magistrates.
3.To apply to Magistrates Court for Ashfield residence you can apply to local courts such as the Mansfield or Nottingham Magistrate and tell them you wish to file a complaint under Section 82 of the Environmental Protection Act 1990 against a neighbour who is creating a noise that amounts to a nuisance.
4. At this stage it is likely that you will provided with an appointment to attend Magistrates Court and instructions the processes pertaining to this including giving evidence, calling of witnesses, attendance and liable costs. It is also likely that the accused (defendant) will attend court to defend themselves and may provide evidence against yourself in order to do this.
5. Legal Representation – You can represent yourself although it is advised that you should seek advice from a Solicitor. At Court, the Court Clerk will provide you suitable advice and guidance in tandem the Court's duty solicitor.
6. Post Court – After the court hearing if it is decided that a nuisance exists, the Court will make an Order requiring the defendant to abate the nuisance, and will stipulate within the order specific measures that is considered necessary for this to take place and prevent further occurrences. The Magistrates Court can also impose a fines and request the noise maker to pay your expenses incurred however this is only if the Magistrates conclude in your favour.
7. Finally, if the issues is reoccurring in nature, it is important to continue to complete diaries of noise incidents and return to court in the future. If the neighbour breaches the order they may be found guilty of an offence and be fined. The Court Clerk can provide you with further information on how to take this forward.