Topic: Unlawful eviction from my plot

[mahonia]

Unwashed, please email me your email address.

[Unwashed]

See you PM.

[Unwashed]

Roger, I guess you'll understand why folk doubted the veracity of your story being as how it sounds so extreme - but here it is.  I am so sorry that you and your wife have been treated this way - I've always hoped that allotmenteers were better than this.

You can't be evicted for "breaking the rules" and you can't be evicted for arrears if the committee refuse to accept payment.  Tell me again, is anyone from the council or elsewhere mediating on your behalf yet?

[bluecar]

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

The above is a previous post - apologies couldn't get the quote to work

I believe nodig is that person. See their comment yesterday and here:

http://www.allotments4all.co.uk/smf/index.php/topic,66224.0.html

Regards

Bluecar

[Robert_Brenchley]

You can ban someone from a site - it's private property after all - but you'd need an injunction to enforce it.

[schmelda]

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.

I believe nodig is that person. See their comment yesterday and here:

http://www.allotments4all.co.uk/smf/index.php/topic,66224.0.html

Regards

Bluecar

I suspect you're falling victim to a wind-up Bluecar. 

Regardless, whether someone at mahonia's allotment is reading this forum/thread or not (it is impossible to eavesdrop on a public forum), if does not seem that they have a legitimate case to 'evict' him (or his partner) from their plots, whatever way it is done.  The committee could just as well have sought advice from elsewhere.

I think nodig's comment earlier on this thread was a fair one, regardless of whether or not I agree or would take his/her advice if I was in that situation.  The other thread does look like a wind-up.

[Unwashed]

You can ban someone from a site - it's private property after all - but you'd need an injunction to enforce it.

I'd say that the tenant has an implicit right of access to their plot, and that includes bringing guests to and fro.

[Robert_Brenchley]

That would depend on the judge. We had a situation where a couple had a plot each. One was OK, and still has her plot, the other made a lot of trouble, kept their plot in a terrible mess, with a large pile of rubbish they'd brought down, and was eventually evicted. We then had a campaign of vandalism, aimed entirely at committee members' plots. On one occasion, he was seen going down the lane at about the time the damage occurred. The police took the view that there wasn't enough for a prosecution, but read him the riot act instead, and we haven't seen him since. That's the sort of situation which could easily have ended up in the County Court if he'd been more persistent.

[mahonia]

Thank you all for your support and comments.

[ceres]

I've asked Mahonia a couple of times to refrain from making unproven allegations of criminal behaviour against named individuals and have removed several of his posts because he has ignored the requests.  These posts have the potential to get Dan into legal hot water and could put the forum at risk.  I understand Mahonia is angry but this really isn't the place.

[mahonia]

The association did threaten me with an injunction for trespass back in December 2010, but as expected it was just words.

I just stayed put.

It has been a long thread on the forum and we understood some people's scepticism as our story is so extreme. But we are in the public domain now that our story has been told.

Maybe a HAHA member is on the forum, but that's ok with us.

In fact the fenced off plots have focussed the attention of the newspaper reporter and the HAHA plot holders.

Regarding the cost of putting up the fencing, I am sure you would agree that this was not a proper use of association funds.

Our story in the Courier was somewhat cut back from the original 500 words, but the reporter did show the committee's attitude to Tara and I which I feel was his objective.

I hope this post is acceptable to the forum and not deleted.

[mahonia]

Hello again, we are back on the forum.

Our plots are still fenced off and we are missing our allotments. Our belongings are impounded and we have a shed full of tools, a lawn mower and rotovator.

The lettuces and mixed salad leaves in the greenhouse are dying through lack of water.

Our rhubarb looks great and my grandchildren's strawberries have sprung to life.

The garlic bed is full of green shoots and the winter onions are doing well.

Sadly all of this is for nothing as the plots have been fenced and taken from us.

The grandchildren are going to be upset that they will not be on the allotment.

We are pleased to see the newspaper article pic has been reinstated as it is in the public domain and would not affect the forum.

I still visit my old and trusted friend at his invitation and help him out on his plot but I would prefer to be doing my own plot.

I would like to thank Unwashed for his advice and support.

[pumkinlover]

 :( for you both

[mat]

What's your next step Mahonia in this saga for getting your belongings back?

[ceres]

Just to be clear, the post containing the newspaper article was never removed and therefore has not been re-instated.  A number of Mahonia's posts containing potentially libellous comments were removed.  Mahonia has agreed to refrain from posting anything which might cause problems for Dan and the forum.

[Spunkey Monkey]

 8)Hi just got here;keep up the rebellion...!all councils appear to be the same.
Let me hear from you....Keep laughter around you...sleep well.

[mahonia]

Hi everyone, its been a few weeks since my last post. Tara has gone on holiday to Thailand to see her family and I have been busy with solicitors regarding bringing proceedings against HAHA.

I have stopped going to see my friends on the allotments as they have told me they have received abuse and snide remarks for inviting me to the allotments.

I cannot say too much about the legal case except that we are both going to bring proceedings against the association.

Regarding our possessions on the allotments, HAHA have fenced off the plots and have posted a notice on each plot to the effect that anyone entering the plots would be regarded as trespassers.

I am not going to the site and our belongings are in the possession of the landlord, so what would you suggest?

I do have concerns about my tools as many of them are family heirlooms and have great sentimental value.

[ceres]

Mahonia,
Can I suggest that, as you have engaged solicitors to bring a case against your association, you seek their advice on the subject of reclaiming your property.  I'm going to lock this thread now as it's not appropriate to discuss a legal case in progress on the forum.