Topic: Unlawful eviction from my plot

[tonybloke]

The asbestos burning alone is a serious offence and I don't think the H&S executive would be to pleased if it got to their ears,

sorry to be a pedant, but isn't asbestos fireproof?

[Mr Smith]

The asbestos burning alone is a serious offence and I don't think the H&S executive would be to pleased if it got to their ears,

sorry to be a pedant, but isn't asbestos fireproof?

                         You tell me, but burning asbestos is a bit silly and should be disposed of it the correct fashion, :)

[cambourne7]

oh dear sounds like you have a royal mess to sort out.

See if your local council has got an allotment officer who can act for you which might make this less 'personal' although i dont see how to stop that now. You say the council is the landlord have you approached them about setting up an alternative allotment association?

Each person you have spoken to who has a plot, give them a pro forma letter which asks in writing for a copy of the consititution and minutes of the last AGM and any EGM including any minutes showing where the current officers have been voted in. Then get all of these individualy or as a pile sent registered mail with a signed for eliment so they cant say they have not received any request. Make sure you give them a deadline as to when you want this i would say 14 days.

Do you know where there bank account is held? If so contact the local branch and inform them that the association is acting contry to there consitution. They will have a copy of the consitution as they would have needed this in order to open there bank account. Ask them to freeze the account and to see if you can get a copy of the consitution from them bring evidence to show you are a tennant. You never know :) Ask the back to request a recent AGM minutes (explain they have not had one, it would state in there consitution that they should do this yearly and ask the bank to clarify who the officers are via minutes of the election) IF THEY MAKE THESE UP THATS FRAUD AND YOU HAVE THEM!!!

Good luck

[cambourne7]

The asbestos burning alone is a serious offence and I don't think the H&S executive would be to pleased if it got to their ears,

sorry to be a pedant, but isn't asbestos fireproof?

                         You tell me, but burning asbestos is a bit silly and should be disposed of it the correct fashion, :)

Do you have evidence that they are taking money for letting people dump stuff ??

[mahonia]

Thank you Mr Smith for your advice about the asbestos matter.

I do need to take it further as the Borough Council are not dealing with it and furthermore a friend has told me about another local land contamination where a farmers field was polluted by timber fencing which had been treated with an Arsenic based chemical treatment, presumably a banned chemical. Also in this case, the Borough Council have not acted or brought a prosecution.

The Borough Council's website paints this picture of their duties and responsibilities and the Acts and they have special mention of Environment Control and Land Pollution, but their words are not supported by action.

[mahonia]

Tomorrow is eviction day but I am not going and rather looking forward to the association appling for a court injunction as they threatened in the eviction notice.

Has anyone heard of this sort of threatening behaviour before on allotments?

[pumkinlover]

I have heard of this sort of thing before.
One suggestion- forgive me if you are already doing this- please write everything down, keep records of everything you do, write and say and the reponses -or lack of them.
You are very unfortunate in having a council which seems useless, but I should have hoped the NSALG are helping you.
Anne x

[davyw1]

Tomorrow is eviction day but I am not going and rather looking forward to the association appling for a court injunction as they threatened in the eviction notice.

Has anyone heard of this sort of threatening behaviour before on allotments?

We have actually done it and successfully but it was not done as a threat its an action that you state will be carried out.
If they are going to carry the eviction the first thing you should receive is a letter from their solicitor informing you what he intends to do should you not leave the allotment ( that costs them money). The next action would be informing you that the solicitor has applied for the eviction order(that cost them money) then if it is granted the court date should you loose then you pay ALL the costs should you win then they pay the costs.
I would suggest you take some photos of your plot ASP as evidence to the condition of your plot ensure you do not break any rules or give them any ammunition that can put before a judge, as i said he needs reasons to issue a an eviction order.

[Unwashed]

What a wretched mess.

Mahonia, you've complained about several things here.  What do you want to achieve from this?  I assume you want to take control of the site association?

Complain to the Environment Agency about the asbestos and burning.

To get an injunction to exclude you from the site the site association will most likely have to prove that you're not a tenant, and you'll be invited to make a defence.  Do you have a tenancy agreement, and do you have receipts for the rent you've paid?  Have you behaved reasonably - you haven't been aggressive have you?  Applying for an injunction isn't an eviction.

You said the trustees have resigned?

Does the site association not have an AGM and elections?

[daitheplant]

By the  " Association  " do you mean the committee? If so, the simple thing to do is call an EGM and vote them off. You do then have to vote on a new committee. As the council are the landlords they need to ensure their byelaws are adhered to and the fly tippers and their abetters ( the committee ) are brought to book.

[PurpleHeather]

I have been both watching and keeping out.

As part of  the management of a self managed site. I am not comfortable with this one sided senario.

There are bits missing and other bits are not falling in place......

Any one else feel the same?

[Unwashed]

I have been both watching and keeping out.

As part of  the management of a self managed site. I am not comfortable with this one sided senario.

There are bits missing and other bits are not falling in place......

Any one else feel the same?

Yes PH.

[PurpleHeather]

Thanks Unwashed.

From you..It carries weight.

[tonybloke]

I do need to take it further as the Borough Council are not dealing with it and furthermore a friend has told me about another local land contamination where a farmers field was polluted by timber fencing which had been treated with an Arsenic based chemical treatment, presumably a banned chemical.

most of the 'tanalised' pressure treated woods that folk purchase for fencing / decking / shed bases etc containg Arsenic compounds  http://www.delston.co.uk/tanalised.htm

I've never heard of a farmers land being polluted by this method, where/when was this?

rgds, Tony

[tonybloke]

by the way, 'mahonia', where in the UK are you?

[zigzig]

good question tony......who what and where???

[mahonia]

Re: asbestos burning. The ashes of the fire contained a lot of pieces of asbestos with loose fibres and white ash. I was told that asbestos explodes in a fire and fibres are released into the air.

I have been told also that asbestos can be taken up into plants growing on the plot and some vegetables take it up more than others.

[mahonia]

If you read my initial post you would note that the association made serious allegations of theft against me and these allegations were made soon after I reported the derelict plot and asbestos incident to the Council.

This was over a year ago and they have tried to use the allegations as a reason to evict me.

Naturally I asked for the evidence but of course there isn't any so their allegations cannot be substantiated.

They tried to evict me in January 2010, but I stayed put and carried on gardening as normal. In July when the rent was due they deliberately did not collect the rent, so I just sent it to them anyway and they accepted it.

Now in November they are trying again but now threaten an injunction.

My feeling is that they would need to apply to the County Court and then I would just explain all in defence and ask for costs.

As you can see it is a very sad mess and not helped by the lack of action by the Council.

Although it is Statutory Allotment land, I have my suspicions that the council have their eyes on it for housing. They have already built on other allotments in the borough.

What do you think?

[Digeroo]

Of course this is one sided.  Anyone on here asking for advice is one sided.  We can only supply information, support and sympathy.  It is not our place to judge whether the complaints are right or wrong that is for others.

I find it very disappointing that those people who are in favour of associations seem unable to believe that sometimes things are not working well.   Mahonia has concerns and we should be supportive.  

How did they accept the rent money? 

[tonybloke]

Mahonia,  where in the UK are you?

your local council should have a copy of your associations constitution, I'll happily make a FOI request to see this if you can't / won't for fear of further intimidation.

when you paid the rent last year, did you get a receipt?

the association seem to be bullying you, but we can only help if you provide us with more info.

rgds, Tony