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Author Topic: Key Battle Victory  (Read 673 times)

squirrel

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Key Battle Victory
« on: August 16, 2014, 12:33:30 AM »

The initial battle in our current dispute was giving a plot holder notice to quit three years ago. (abusive, sexist anti social behaviour and witnessed vandalising of another plot holders land and crops)

As our rules were out of date Allotment Law came into force and as he refused to meet the Committee to try to resolve things 12 months notice was given.

He said F8%&k thye Committee, ordered the first 3 ton of manure he had ordered in years and refused to leave issuing a solicitors letter to back of or face charges

Legal defence on our part resulted in a repossession order through the courts and another 12 months notice, Each of these notices has to terminate during the winter months and this one terminated Dec 31st 2013

Then the Council got involved telling the man that as they were the first tenants they were effectively the Landlords and only Landlords can evict. They absolutely reassured him he was untouchable whilst ever they had his back which made him more obnoxious and abusive.

New Court date and a Barrister turns up having been instructed by the evictee at 7.45am so the Barrister needs time to read the case

Two weeks granted but several weeks before a new court date is available.

The Council has now totally convinced the man that they now have it sorted for him and not to worry. So his sense of being untouchable grown in direct correlation to his arrogance and hostile agreesion

Today was that court day and low and behold a new Barrister arrives in court and this time struts his stuff very competently.

However the Judge listens intently and one and a half hours later starts summing up. This takes half an hour but guess what

As our association still have the full administration and management rights and powers and still collect the rent we are still deemed to be the landlords

The result is the guy has two weeks to clear his plot, we are awarded expenses (three grand) and he now has a very long and involved solicitors bill to pay, two barrister's bills, including one for lengthy court appearance, and the costs of our legal action too.

I'm wondering how the Council will explain this to the poor man who has been used to help them fight us in the takeover.

I would love to have been a fly on the wall in a few houses today.
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spuds

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Re: Key Battle Victory
« Reply #1 on: August 16, 2014, 08:02:26 AM »

well done you  HAGD :-) chrs:-) ThU32:-)
to other party  cry:-( cry:-( cry:-(
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Poppa Tommo

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Re: Key Battle Victory
« Reply #2 on: August 16, 2014, 08:14:57 AM »

My first impulse is to cheer your victory, Squirrel, for your tenacity, and resolve to do what is right and fair. For all those things I applaud you, there are many who would simply shrug their shoulders, do nothing and, by that,  maintain the unsatisfactory status quo.

But.

How sad it is that all this has to be gone through. The expense, the stress, the uncertainties for everyone concerned. How is it that TWO barristers couldn't work out that he didn't have a leg to stand on? That smells funny to me. OK, so the guy was/probably still is a twat (forgive the vernacular) but he still deserved to be given the proper advice and information. And what about the Council?! False advice and using the bloke as a pawn in their own machinations...aren't they culpable for some of his losses?

Anyhow, that's how it leaves me, saddened but pleased for you all that justice has been done.
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squirrel

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Re: Key Battle Victory
« Reply #3 on: August 16, 2014, 11:02:54 AM »

Actually KT I truly feel a sense of conflict.

Before a professional colleague (ex school teachers) of two of the more dominant councillors was given her marching orders for using her plot to run a business the Council was fully supportive of our efforts to get rid of the man.

Another school teacher actually who actually witnessed and reported the man's vandalism suddenly became his most ardent supporter at that time too.

I said at the time that he was being used as a pawn in their game in order to get the sympathy vote.

Regardless of what my relationship is with him, and how happy I am to not have him as an allotment neighbour anymore, I feel a large element of pity. He is a pensioner and will have worked hard at the pit for his pension, and planned carefully for his savings and assets.

The first Barrister did apparently did advise him not to defend, so the guy sacked him and employed another one. I am however surprised that the other one took it because barristers do not like getting a reputation for losing cases.

A solicitor can cost between 200 and 400 per hour. I has a barrister read through my case for Judicial Review and they don't pull punches. It also cost 500 for the privilege. One for Two hours so what the hell will this poor man be laying out. He is not the brightest bulb in the box so I think he has been the expendable warrior in their battle.
Bothe his barristers also turned up at court, one for a long time. 
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Big Gee

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Re: Key Battle Victory
« Reply #4 on: August 16, 2014, 12:43:06 PM »

That is a 'stinky' tale. It highlights what I bang the drum about incessantly. Allotment groups are set-up ad hoc. No proper constitutions, sometimes no tenancy agreements and hazy rules - often hastily written up on the hoof. It's a recipe for disaster somewhere down the line.

Everyone is so keen to get sites up and running without the proper structure & legal paperwork in place. It is the same repeated scenario with my on-going issues with the 'loonies'. People assume that everyone will just get on happily and don't want to be bogged down with legalities. The consequence? When things go badly wrong the whole lot becomes a sticky complicated mess that eventually costs someone a lot of money.

If things are done properly at the start then everyone knows where they stand and it's easy to resolve problems. I think that the Allotments Act should be amended so that ANY number of people wishing to set-up an allotment group (association, club or society) should first HAVE to produce the documentation necessary to make sure that everything is done properly and that they have proper procedures in place for when things go wrong. You wouldn't dream of buying a house or setting up a company without proper legal documentation / signed contracts etc. The same should apply to an allotment group that has more than one member so that the whole thing is protected by proper guidelines & procedures. In a case similar to the one you've described Fluffy the only winners are the legal profession - they must lick their lips every time they are called on for matters like this. It's wrong.

That's why I've gone to this huge effort to try and stop allotment group start-ups from falling into this trap:


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« Last Edit: August 16, 2014, 12:59:26 PM by Big Gee »
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squirrel

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Re: Key Battle Victory
« Reply #5 on: August 16, 2014, 11:59:47 PM »

The problem was that this site was properly set up 96 years ago. However what the government failed to do was make sure that neither councils nor associations were clearly briefed as legislation changed so they all merrily carried on as usual as their rules and regulations got more and more out of date.

The tragedy is that this committee have spent the best part of a year working with the NSALG legal dept to update ours but the council in all their ignorance of anything to do with allotments have vindictively kicked that into touch.
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Big Gee

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Re: Key Battle Victory
« Reply #6 on: August 17, 2014, 12:11:42 AM »

A classic example of ignorance coupled with authority. People in authority (either perceived or real) who are light in the neuron department hate nothing more than being shown up.

It's all so very familiar. It reminds me of the actions of the Barbarian tribes, the Viscoths & the Vandals who sacked Rome in 410 and plunged us back in civilisation advancement to the Dark Ages!

Ignorance is a horrible demon!
« Last Edit: August 17, 2014, 01:23:26 PM by Big Gee »
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squirrel

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Re: Key Battle Victory
« Reply #7 on: August 17, 2014, 10:44:13 AM »

 :-Yes Oh Yes!
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Poppa Tommo

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Re: Key Battle Victory
« Reply #8 on: August 17, 2014, 11:28:49 PM »

The Demons of Ignorance are the antagonists in the Norman Juster book and MGM 1970 film The Phantom Tollbooth. They are hideous creatures that have the power of Malice, Prejudice, Cruelty, Hate. The Demons of Ignorance even fused together to become a large demon.

Sound familiar????
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Big Gee

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Re: Key Battle Victory
« Reply #9 on: August 17, 2014, 11:31:11 PM »

VERY familiar!

AMEN to that!
  clap:-)

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« Last Edit: August 17, 2014, 11:48:05 PM by Big Gee »
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squirrel

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Re: Key Battle Victory
« Reply #10 on: August 17, 2014, 11:34:05 PM »

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The Demons of Ignorance are the antagonists in the Norman Juster book and MGM 1970 film The Phantom Tollbooth. They are hideous creatures that have the power of Malice, Prejudice, Cruelty, Hate. The Demons of Ignorance even fused together to become a large demon.

Sound familiar????

Sounds like the demons of ignorance might be fusing together to become a corporate body called a parish council
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Poppa Tommo

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Re: Key Battle Victory
« Reply #11 on: August 18, 2014, 07:38:40 AM »

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The Demons of Ignorance are the antagonists in the Norman Juster book and MGM 1970 film The Phantom Tollbooth. They are hideous creatures that have the power of Malice, Prejudice, Cruelty, Hate. The Demons of Ignorance even fused together to become a large demon.

Sound familiar????

Sounds like the demons of ignorance might be fusing together to become a corporate body called a parish council

Precisely.
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