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  #41  
Old 04.06.2014, 15:59
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Re: "Parking" dispute - what happens next?

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Hi there Fatman
Just cos you are a Forum Veteran, it does not give you the right to post sarcastic comments about me.

Please don't judge me by YOUR standards...
we all know how low they are.

And, yes, compared to you, I guess I am a "legal expert"..
But then, so are 99% of the members here, so that doesn't say much, does it.
You may be the expert - we don't know because you never answered the question if you have ever been inside a swiss court room (unless I missed the answer). So, have you? Because in my experience FMF normally gives good advice and is normally right (not always )

OP - good luck!! At least so far common sense has prevailed.
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  #42  
Old 04.06.2014, 16:44
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Re: "Parking" dispute - what happens next?

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Okay, update coming up.

It seems the complaint has been rejected, but the neighbour is taking it to court. So, can anyone recommend a good English speaking criminal lawyer based in/near Fribourg whom we can contact? We have 10 days from the 3rd June I assume (date of the Tribunal cantonal letter) to provide our observations and examples of the problem.
Criminal? Surely this is a civil case?
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  #43  
Old 04.06.2014, 17:33
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Re: "Parking" dispute - what happens next?

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Because in my experience FMF normally gives good advice and is normally right (not always )
Usually. I've never met the guy, but I'm assuming he's human and capable of making mistakes too. Not a bad batting average on the forum, though.
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Old 08.06.2014, 16:25
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Re: "Parking" dispute - what happens next?

Just wondering if it's possible to get the ban/interdiction overturned in any way. I can't see that he really needs it, the only people likely to park there regularly would be us and we know better now. I can't really see a need for it and if anyone should have one I'm beginning to think it's us. After all, apart from a very few privileged souls NO ONE is allowed to park there except him, not even business clients. Usually he tells them to park outside OUR garage! Had another one on Friday last, guy come to view the apartment he has for rent parked outside our garage when both spaces were free for use. Luckily I heard them talking so was able to rush out and get a photo to add to our growing collection of such occurrances.
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  #45  
Old 08.06.2014, 18:02
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Re: "Parking" dispute - what happens next?

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Just wondering if it's possible to get the ban/interdiction overturned in any way. I can't see that he really needs it, the only people likely to park there regularly would be us and we know better now. I can't really see a need for it and if anyone should have one I'm beginning to think it's us. After all, apart from a very few privileged souls NO ONE is allowed to park there except him, not even business clients. Usually he tells them to park outside OUR garage! Had another one on Friday last, guy come to view the apartment he has for rent parked outside our garage when both spaces were free for use. Luckily I heard them talking so was able to rush out and get a photo to add to our growing collection of such occurrances.
What an ass.

In his view it's not ok to use his parking but it is ok to use yours?
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  #46  
Old 08.06.2014, 18:25
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Re: "Parking" dispute - what happens next?

Yes, exactly Nil. As he runs a business from his property I assumed that the spaces were for his clients to use when they come to see him. But no. Apart from the occasional delivery truck I can't think I've seen even a dozen of his clients using those spaces in the 3 years since we moved in. He does park one of his vans there fairly often, say between once a week and once a fortnight although sometimes several days in a row if you get my meaning. But mostly they're parked around the back at the depot he has for the business. Days go by while the spaces sit empty and unused, yet clients or prospective tenants are told not to park in them when they come to call. So I can't see what possible problem we cause by a few moments manouvering over the lines.
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  #47  
Old 10.06.2014, 13:38
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Re: "Parking" dispute - what happens next?

Any particular form of address for a judge at the cantonal tribunal office? Getting ready to send our response back and at the moment it's simply "M. ??" who's the juge délegé.
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  #48  
Old 10.06.2014, 14:02
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Re: "Parking" dispute - what happens next?

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Any particular form of address for a judge at the cantonal tribunal office? Getting ready to send our response back and at the moment it's simply "M. ??" who's the juge délegé.
https://www.fr.ch/pj/de/pub/adressverzeichnis.htm
You can search by name. But if the letter head does not state anything different then the general court mail address (normally a P/O box) use that. Just do not forget the case number in your reply.
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Old 10.06.2014, 14:08
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Re: "Parking" dispute - what happens next?

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https://www.fr.ch/pj/de/pub/adressverzeichnis.htm
You can search by name. But if the letter head does not state anything different then the general court mail address (normally a P/O box) use that. Just do not forget the case number in your reply.
I think MF was meaning how do you address the judge correctly as in "Your Honour" or simply "Mr/Mrs".
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  #50  
Old 10.06.2014, 14:24
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Re: "Parking" dispute - what happens next?

Yes, that's what I was thinking of Sandgrounder. But does anyone know if you can send a registered letter to an address that includes a Case Postale number in it? I have both street address then CP number. I want to send it registered to make sure it gets there on time. It's going to be 8 pages altogether and I don't want it to go missing or arrive late.

aSwissInTheUS, yes, I've made sure to put both the reference number and the dossier it's referring too as well, but thanks for the reminder. So busy working out what we want to say, putting that through our translation package and then getting a friend who speaks French to check it, it's little things like that that can get missed.
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  #51  
Old 10.06.2014, 15:00
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Re: "Parking" dispute - what happens next?

Oh, I see. Waiting for Odile to answer that, as you most likely write in french dont you? If in German I would write "Sehr geehrter Herr Richter X"

P/O box is rgistred mail compatible. http://www.post.ch/en/post-startseit...en-details.htm

How to write addresses correct (Franch version): http://www.post.ch/fr/post-startseit...ressierung.pdf
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  #52  
Old 10.06.2014, 15:23
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Re: "Parking" dispute - what happens next?

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Any particular form of address for a judge at the cantonal tribunal office? Getting ready to send our response back and at the moment it's simply "M. ??" who's the juge délegé.
Generally you would start it off by Monsieur le Juge and end with something like
Je vous prie d'agréer , Monsieur le Juge, l'assurance de ma parfaite considération.

This is much more formal than a general letter in Switzerland where you would be more likely to say something like ' En vous souhaitant bonne réception, recevez mes meilleurs salutations.' And start with Cher Monsieur ......
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Old 10.06.2014, 15:25
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Re: "Parking" dispute - what happens next?

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Generally you would start it off by Monsieur le Juge and end with something like
Je vous prie d'agréer , Monsieur le Juge, l'assurance de ma parfaite considération.

This is much more formal than a general letter in Switzerland where you would be more likely to say something like ' En vous souhaitant bonne réception, recevez mes meilleurs salutations.' And start with Cher Monsieur ......
Yep, spot on.
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  #54  
Old 10.06.2014, 16:11
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Re: "Parking" dispute - what happens next?

Thanks Belgianmum, that's exactly what I was looking for.
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Old 11.06.2014, 08:19
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Re: "Parking" dispute - what happens next?

Well, our response was posted off this morning registered delivery so now we wait and see what happens next. Hopefully, it'll take them a few days/weeks to reach a conclusion. I hope so as the OH has to go into hospital for an op next week so there's no way we'd be able to make any court dates. Really don't need this BS right now, he's stressed enough as it is.
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Old 13.07.2014, 14:34
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Re: "Parking" dispute - what happens next?

Well, I'll update this as there's an interesting development which I hope I'm going to find out about.

As said, we posted off our response on the 11th and it was delivered to the tribunal on the 12th. A few days later the Tribunal office sent us a copy of a letter from SEFIAM dated the 16th with more compliants about the policeman being wrong about us having vehicle right of passage. We'd already told the judge that we didn't in our response, just the foot passage. As it was only a copy for our info we didn't need to respond again.

Then last Wednesday we get another letter for our info which the Tribunal had sent to SEFIAM in response to a letter they'd sent the Tribunal dated the 30th. Evidently, they have some "confidential" info which they sent to the judge, but asked that it not be passed on to us. The judge responded by pointing out that all info would be passed on to the opposing parties normally. However, if our neighbour objected to it being passed on, then the info in the correspondence of the 30th would be set aside.

Now, you can imagine the OH and I have been racking our brains trying to think what possible "confidential" info our neighbour thinks he has that would influence the matter and are coming up blank. So, I'm really hoping that he doesn't object to it being sent on and that we'll get a copy of his 30th June missive next week. I really want to know what he's accusing us of. Are we drug dealers? Smugglers? What? What? TELL ME PLEASE!
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Old 13.07.2014, 14:58
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Re: "Parking" dispute - what happens next?

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But this is Switzerland, it's how they do it as they don't like confrontation & sneaking is encouraged.
It's not just Switzerland; I routinely get calls such as "My neighbour has watered their grass an hour before they were suppose to or failed to take in their recycling bins, I want to make a complaint, but I don't want them to know it's me who complained as we are friends with the neighbour"

Ya, ya, I'll go have word with them.
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Old 13.07.2014, 15:09
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Re: "Parking" dispute - what happens next?

Just a question, are complaints like this taken a little less seriously on the "joue de vie" side of the roestigraben compared to other parts of CH?
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  #59  
Old 13.07.2014, 16:02
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Re: "Parking" dispute - what happens next?

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... Are we drug dealers? Smugglers? What? What? TELL ME PLEASE!
It's that crystal meth lab round the back, isn't it?
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Old 13.07.2014, 16:22
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Re: "Parking" dispute - what happens next?

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It's that crystal meth lab round the back, isn't it?
Might be NotAllThere, it might be. Then again, it could that I haven't mown the lawn since April/May breaking the de rigeur rule of mowing at least once a week whether it needs it or not. That's something the judge definitely needs to know.
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