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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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GA - ShaI live on 4 acres and the property next

Customer Question

I live on 4 acres and the property next door continually rides trail bikes and the police are of no help. The noise in our house is like a freight train and every room is affected. I have
had to transfer a wedding that was meant to be held here because of the noise. I have had visitors leave because of the noise and today a quiet lunch with a relative moving overseas was ruined. They have been asked not to ride but they continue. Every time it happens I call the police but unless the police hear it themselves they cannot, or wont,do anything about it. I have horses and they are frightened when the bike comes to the fence and I have had $900 in vet bills because of injuries incurred. I am at the end of my rope & spend the week dreading the weekend and now the school holidays. Please help.
Submitted: 3 years ago.
Category: Australia Law
Expert:  Leon replied 3 years ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Can you please tell me at what times does this riding occur?

Have you complained to council about this?

You say you have spoken with them, have they done anything to reduce this behaviour and noise?

It appears that this is nuisance and you have a legal right to get an order for them to stop and compensation for your emotional stress suffered.

Customer: replied 3 years ago.

I stated that they ride continually all weekend. The local council does not deal the this type of noise nuisance. I dont believe that you will be able to give me the information I require given that you suggested ringing the council. I want my deposit refunded. I am not happy with the information I have received. Your guarantee states 100% refundable. I have asked before you sent the reply and now after seeing the reply I insist even more.

Expert:  Leon replied 3 years ago.
Good Evening

What time do they start and finish?

I need to get as much information as I can. Nuisance and noise pollution depending on when it starts and finish is covered by council.

Also the activity may not be permitted under the zoning of the land and again this is governed by council.

Alternatively you ay have an action in Nuisance which is a common law action in court.

I can give you the law society details and you can get a referral to a solicitor that practices in this area and also provide you with a website to explain what nuisance is.

If you wish me to opt out I can do that as well.

Customer: replied 3 years ago.

I am not happy and want my money back. Opt out do whatever - refund my money . I have asked before, I have used the refund option on the website and still nothing. I am reporting to Fraud Squad this morning so it is in your

interests to do what needs to be done. 100% guarantee remember.

Expert:  Shayne-cssm replied 3 years ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support [email protected] and provide us with your email address and a link to this question page so that we can help you.

Thank you, XXXXX XXXXX Customer Support Team.
Customer: replied 3 years ago.

How can you not have my email address when I am in receipt of 4 emails from you. I have sent through another customer support email . I have already reported to the ACCC. The refund needs to be processed immediately with no more stalling and delaying tatics.