Author Topic: Unlawful eviction from my plot  (Read 67680 times)

miniroots

  • Half Acre
  • ***
  • Posts: 215
  • Beautiful bolting
    • Random allotment pictures
Re: Unlawful eviction from my plot
« Reply #160 on: March 07, 2011, 18:14:13 »
One more thing - I've just been reading a bit more indepth, and seen the article about the Council taking back control...

Surely that means you just have to hang on til the end of the month?  And then the committee are dissolved and they have no right to do anything?

Or do you think the council will try to re-establish another committee? 

Either way, there will be some hard work to do and you probably better off with the council volunteering themselves to do it, rather than new committee members from a recalcitrant membership!

However I've no idea what to do about your pressing issue - I guess you have already been in touch with the council? 


bluecar

  • Acre
  • ****
  • Posts: 449
Re: Unlawful eviction from my plot
« Reply #161 on: March 07, 2011, 19:03:52 »
I am beginning to wonder whether someone from your committee is eavesdropping this thread. I would not have known about the re-enter policy and I would be surprised if anyone at our allotment know about it.

So two plots have been fenced off over the weekend. This would have either taken a lot of work and even if it was done by the committee it must have cost the association quite a bit of money. Is this best use of the association's funds?

As others have said, fight it which ever way you can.

Surely now you could get enough names to to sign up for an EGM with a motion of 'no confidence in the current committee' and another one about the removal of the fences?

What was the outcome of the press meeting?

Regards

Bluecar


Unwashed

  • Hectare
  • *****
  • Posts: 2,735
  • Vexatious, moi?
    • Simon on Facebook
Re: Unlawful eviction from my plot
« Reply #162 on: March 07, 2011, 19:30:22 »
Mahonia, the committee have re-entered, and that evicts you.  I posted about re-entry here.

Now that you have been evicted you have no right to go on the plot or the site.

You must now apply to the court for relief from forfeiture.  If I understand the situation correctly from what you've said then you'll almost cartainly be reinstated as tenants, even if the committee re-lets the plots, but it's obviously inconvenient not to be on our plot at the start of the spring.  You should also get an award for costs which will cover most of your legal fees, so my advice would be to go and see a solicitor without delay.

The committee are now responsible for keeping all of your stuff safe and secure - they're what's called involuntary bailees - so try to make an inventory of everything you left behind because you'l need to bill the ccommittee for anything they dispose of or lose.


An Agreement of the People for a firm and present peace upon grounds of common right

bluecar

  • Acre
  • ****
  • Posts: 449
Re: Unlawful eviction from my plot
« Reply #163 on: March 07, 2011, 19:50:59 »
Well that knocks the EGM on the head as far as you organising it. Can you contact other members via telephone/email to do it on your behalf?

mahonia

  • Quarter Acre
  • **
  • Posts: 89
Re: Unlawful eviction from my plot
« Reply #164 on: March 07, 2011, 19:56:19 »
Can I visit the site if my friend, another plot holder invites me to his plot?

The fencing must have cost a bit and would have taken a lot of time to erect. It does show you how serious the dispute has become and how heavy handed the committee are.

After being harassed and threatened, I suppose peaceable re-entry was their only option left, but at great risk to them.

It was expected and we will just apply for relief as Unwashed has correctly advised. Obviously it is inconvenient at Spring time, but we have a plan b now.


mahonia

  • Quarter Acre
  • **
  • Posts: 89
Re: Unlawful eviction from my plot
« Reply #165 on: March 07, 2011, 20:22:18 »
Also they have posted a notice in the middle of the plots, which we won't be able to read unless we enter the site.

We will need to enter the site, but we will not go onto the fenced plots.

Someone said that maybe one of the committee are eavesdropping this thread. Well that may be, but it is more likely it is because the chair woman is a director of a property management company so may know a bit about lettings. Although clearly not that much!!!

We do have personal possessions in sheds and greenhouse so how will we know they are being looked after?

bluecar

  • Acre
  • ****
  • Posts: 449
Re: Unlawful eviction from my plot
« Reply #166 on: March 07, 2011, 20:25:29 »
Sorry folks but I'm beginning to think this is a wind up.

Nigel B

  • Hectare
  • *****
  • Posts: 565
Re: Unlawful eviction from my plot
« Reply #167 on: March 07, 2011, 21:03:01 »
Sorry folks but I'm beginning to think this is a wind up.
What do you base your opinion on? Anything in particular?
"Carry on therefore with your good work.  Do not rest on your spades, except for those brief periods which are every gardeners privilege."

bluecar

  • Acre
  • ****
  • Posts: 449
Re: Unlawful eviction from my plot
« Reply #168 on: March 07, 2011, 21:10:51 »
Was contacting the police - no reply on outcome.

Was contacting  a solicitor -  no reply on outcome

Was contacting the press - no reply on outcome.

Was contacting the CEO of the council - no reply on outcome.

Perhaps some photographs of the fencing and identification of the site will help me to support this further.

Regards

Colin

Unwashed

  • Hectare
  • *****
  • Posts: 2,735
  • Vexatious, moi?
    • Simon on Facebook
Re: Unlawful eviction from my plot
« Reply #169 on: March 07, 2011, 21:49:52 »
Colin, it's an internet forum, just words on a page - it makes little difference whether it's actually happening out there in the real world or not.  I'm happy investing my time and effort in posting the best advice I can because I empathise with mahonia's plight, and I would hope that was true for all of us.  If it's a wind-up then there's no harm done, because it still explores important issues.
An Agreement of the People for a firm and present peace upon grounds of common right

bluecar

  • Acre
  • ****
  • Posts: 449
Re: Unlawful eviction from my plot
« Reply #170 on: March 07, 2011, 22:26:35 »
Hello Unwashed

Unfortunately, I can't agree with you. There has been 9 pages of correspondence. As always I respect your views, but as commented we have not had responses to actions that were meant to be carried out. If it is a wind up , which I feel it is,t hen it has wasted a lot of our time.

Regards Bluecar




mahonia

  • Quarter Acre
  • **
  • Posts: 89
Re: Unlawful eviction from my plot
« Reply #171 on: March 08, 2011, 08:55:55 »
I feel we need to reply to recent posts which are not supportive of our plight. This situation we are in is very real and we have told it how it is.

I am very surprised that someone feels this is somehow just a wind up. We joined this forum to explain our situation which we thought would alert people to what can happen when things go wrong and we have received great support and very good advice which would help our case.

Our plight is more about bullying and the abuse of powers rather than allotments. But it does happen and other folk have told their own stories on this forum which are similar to ours.

We have tried to get support from our council but they are not interested but not all councils are like that and there are many cases of councils intervening, mediating or even taking the allotments back. It is just that our council has a different attitude and allotments are not their priority.

Our MP is happy to discuss our plight and he is meeting with the council to see what can be done, but I am not hopeful.

Unwashed is very practical and has helped us to understand the various legal issues and our options and he clearly has knowledge and experience in these situations.

We now have a choice, either walk away and let the bullies win or carry on with our fight.

We are going to fight them all the way.

So please no more suggestions about wind ups.

Unwashed

  • Hectare
  • *****
  • Posts: 2,735
  • Vexatious, moi?
    • Simon on Facebook
Re: Unlawful eviction from my plot
« Reply #172 on: March 08, 2011, 09:55:12 »
Hi mahonia, don't take bluecar's concern personally, it wasn't motivated by a lack of concern.  As you've gone to the press there would be no harm in letting us know what site you're on would there?  It would settle our concerns.
An Agreement of the People for a firm and present peace upon grounds of common right

Robert_Brenchley

  • Hectare
  • *****
  • Posts: 15,593
    • My blog
Re: Unlawful eviction from my plot
« Reply #173 on: March 08, 2011, 15:59:12 »
We had a comparable turnaround after someone insisted on standing against the Chair when she came up for re-election.

mahonia

  • Quarter Acre
  • **
  • Posts: 89
Re: Unlawful eviction from my plot
« Reply #174 on: March 09, 2011, 16:06:56 »
the story is imminent. we had our photos taken today and the paper has told us that as there will be 2 articles, ours will be published either this Friday or next week.

be assured we will reveal all once published.

PS. a question for you Unwashed, one of the plots is not fully fenced in that they have left the shed and greenhouse free to access, but we don't want to touch anything. they have also moved some of our stuff from the plot and moved it to outside the shed. It is almost as if they want us to take our stuff away.

If you want a laugh, a plot holder told us today that they fenced off his plot by mistake!!!! as they got the plot number wrong. How incompetent is that.

mahonia

  • Quarter Acre
  • **
  • Posts: 89
Re: Unlawful eviction from my plot
« Reply #175 on: March 11, 2011, 16:54:15 »
The Kent and Sussex Courier printed an article today about our allotment association. The website is:    www.thisiskent.uk/tunbridgewells

The allotments are the Hawkenbury Allotments in Halls Hole Road TN2 which is on the east side of Tunbridge Wells, Kent.

The association is Hawkenbury Allotment Holders' Association known as HAHA and the Chair is Dr Janet Elizabeth Sturgis and Treasurer is David Collins. Both names appear in the article.

Please read the article.

Dr Janet Sturgis is the lady I have mentioned in my posts.

We have plots on this site, although they are now fenced off so we cannot work on them.

djbrenton

  • Hectare
  • *****
  • Posts: 1,309
  • I love Allotments4All
Re: Unlawful eviction from my plot
« Reply #176 on: March 11, 2011, 17:21:18 »

mahonia

  • Quarter Acre
  • **
  • Posts: 89
Re: Unlawful eviction from my plot
« Reply #177 on: March 11, 2011, 17:22:43 »
Find the article at  www.thisiskent.co.uk/news?page=3

Probe into show raffle after charities miss out

djbrenton

  • Hectare
  • *****
  • Posts: 1,309
  • I love Allotments4All
Re: Unlawful eviction from my plot
« Reply #178 on: March 11, 2011, 17:28:11 »
I posted a direct link to the article as it won't be on page 3 forever.

mahonia

  • Quarter Acre
  • **
  • Posts: 89
Re: Unlawful eviction from my plot
« Reply #179 on: March 11, 2011, 17:38:50 »
Thank you djbrenton

I was at the allotments today visiting a friend and one of the committee members was taking photos of me. They just don't get it do they?

Is this more intimidation? 

I think they should hang their heads in shame and to think they made all those trumped up theft allegations about me.

The Courier printed a photo of the association president on the front page. The committee and president in my opinion have brought the association into disrepute.

I took some photos of our fenced plots today and I hope to upload them for you all to see.

 

anything
SimplePortal 2.3.5 © 2008-2012, SimplePortal