Private legal action
You may go directly to the Courts either before or after contacting the Community Protection Service. You are responsible for any expenses and costs involved.
You do not need to have a Solicitor, but both you and the person about whom you are complaining have a right to be represented. You can obtain help or advice from the Citizens' Advice Bureau or other agencies.
Step 1
a) After discussing the problem with the person responsible for making the noise, and writing to them, (see above What you can do - Steps 1 to 3) you can apply to the Magistrates Court under the Environmental Protection Act 1990, Section 82.
b) You must give at least 3 days notice in writing to the person making the noise of your intention to take proceedings.
Step 2
a) Go to the Magistrates Court office and explain that you want to seek an order under Section 82 of the Environmental Protection Act 1990. A member of staff will tell you what to do.
Waltham Forest Magistrates Court
The Court House
1 Farnham Avenue
Walthamstow
London E17 4NX
Tel 020 8531 3121
b) You will need to produce evidence to show the Magistrates that there are grounds for complaint.
Step 3
You may attend the Court at 9.30 am on Mondays, Tuesdays, Thursdays and Fridays. Go to reception and explain that you wish to seek an Order under Section 82 of the Environmental Protection Act 1990. Take a full written record of the evidence to Court with you, bringing enough copies for the Court and the defendant (at least 3 copies).
a) If the Magistrates are satisfied that there are grounds for complaint, they may issue a summons and serve it on the defendant (the person responsible for making the noise). The defendant will be summoned to attend a court hearing so the Magistrates can determine if an order should be issued to stop the noise.
b) You are entitled to claim your costs, if successful. You may be liable to pay costs if your action is unsuccessful.
c) The Magistrates may impose a fine on the defendant.
Step 4
After the summons has been issued, continue to keep records.
Step 5
If the Magistrates Court is unable to prevent the noise, you may be able to obtain an injunction in the County Court or the High Court. The evidence will be similar to that required by the Magistrates Court, but the action may be costly. You are advised to consult a Solicitor.
