Author Topic: Unlawful eviction from my plot (Read 67721 times)

mahonia · « **Reply #80 on:** January 11, 2011, 16:35:33 »

Thank you for the advice and support.
I have already invited a reporter from the local press to see the site for himself and he is keen to run a story.

I like the idea of attending council meetings and I will take steps to do this. I have made formal complaints to the council and they do now seem to be taking notice and responding.

The question of what I would like to happen is straightforward in that the false allegations made against me must be retracted and threats of eviction and injunctions etc. must be withdrawn.

I had hoped to become an active member of the management committee but this would not happen while the present clique are still there. They do not want new people on board and that is why there are so few committee and the members do not come forward.

I never wished to do battle with these people but they have acted very badly and are continuing to do so and all I wanted was to enjoy peaceful allotmenting with my partner.

As has been kindly pointed out I could just stay put and that is what we are going to do. We have good plots and we are not leaving.

But the matter of the false allegations cannot be ignored and I must take action over that.

Unwashed · « **Reply #81 on:** January 11, 2011, 17:03:44 »

Do you have a plan? Ousting the old-guard is not easy, and the antagonism it will engender will blight the site for ever. You need to negotiate a settlement, and I suspect you'll need help doing that.

Robert_Brenchley · « **Reply #82 on:** January 11, 2011, 17:09:07 »

I was involved in ousting the old guard at my church, and the trouble they made (and are still making, years later), is unbelievable. On the other hand, there have been other cases where people have just gone off in a huff and never been heard of again. It's worth doing if you're obstinate enough to deal with it.

Unwashed · « **Reply #83 on:** January 11, 2011, 17:45:48 »

You're right Robert, and I know some of what you've gone through so I appreciate what you say. I'm fighting for self-management with my town council right now, and an ugly fight it is. I'm not saying don't fight, only that it's the option of last resort because there's always a legacy. A negotiated solution is always better if you can get the other side to the negotiating table.

mahonia · « **Reply #84 on:** January 11, 2011, 20:51:43 »

I have had a flurry of response from the borough council including the chief executive. I think as the land owner and considering they have issues with the association regarding breaches of the lease terms, the council may intervene and resolve the matter.

I am not going to leave the allotment and at present there exists a ridiculous situation where the committee avoid me on the site and walk out of their way to go to and from their plots. I am sure they would not want to be doing this forever.

But as I said before, they must retract their allegations and their persistent attacks on me must stop. They have little support as most of their friends have left the allotments and new people have taken up plots and want change.

When I joined the allotments some 7 years ago, it was a happy place and well run and the chairman raised a great deal of funds for local charities and the association had a good reputation. Sadly when he passed away his successor was a totally different character and the atmosphere on the allotments deteriorated and apathy set in and the local charities are no longer supported by the association.

As I told you, the new chairman resigned in 2010 and the few old guard remaining have run out of ideas and clinging on.

I feel my plan, if I have one, is to just stay put and let the committee fall apart as I believe it will.

Robert_Brenchley · « **Reply #85 on:** January 11, 2011, 22:31:24 »

One person in a position of power can cause immense damage. The answer, of course, is for everyone to assert themselves and insist on accountability; they only have the power because others sit back and say nothing. Trouble is, so often that doesn't happen. But keep going; I think you may well be right about the committee collapsing. On the other hand, there may have been someone else waiting in the wings, so be prepared to keep fighting. You do get there in the end.

mahonia · « **Reply #86 on:** January 19, 2011, 19:17:24 »

Well it was a sunny day today, so I went to the allotments to dig and do a tidy up. The rhubarb is already showing and so I put the bins over some to force them. The garlic is showing too.

It was a good afternoon as a group from the borough council visited the site to inspect the mess, take photos and talk to plot holders. Things then got better when I happened to be talking to the council staff, our committee vice chair appeared and noted that not only was I still on the allotments but I was talking to the landlord! She did not look too happy.

Remember I am supposed to be evicted and a trespasser.

So this farce still rolls along. I am now waiting for the injunction action against me.

Anyway, the CEO at the council did assure me that the matter of rubbish plots would be dealt with and it seems he has kept his promise. Hopefully the council would now take swift action.

I was told by another plot holder today that the committee had tried to evict an elderly lady from her plot which is a 5 rod orchard of mixed fruit trees, but she has told them she is not going. Good for her.

Unwashed · « **Reply #87 on:** January 19, 2011, 19:24:41 »

I'm pleased there's some positive progress. Stick to your guns mahonia.

tonybloke · « **Reply #88 on:** January 19, 2011, 19:42:17 »

at last some action from the council, well done you!!

cornykev · « **Reply #89 on:** January 22, 2011, 10:32:18 »

Nice one, great news, stick together and hopefully these idiots will eventually leave. ;) ;D ;D ;D

mahonia · « **Reply #90 on:** January 22, 2011, 11:37:12 »

The council people visited the site again on Thursday as they are not happy with the burning they witnessed on Wednesday.

It would seem that my direct approach to the chief executive at the council has brought some action at long last.

The council have photographed the rubbish on the many plots and have identified the plot where the asbestos is buried.

The elderly lady's orchard plot is now being tidied and the trees have been pruned and I say good for her to make a stand. It has worked.

There are a few others 'being evicted' and looking at their plots all they need is a bit of weeding and digging, but it is winter after all. I will be contacting them as I do not want them to be bullied off the site.

pumkinlover · « **Reply #91 on:** January 22, 2011, 19:58:59 »

Good luck, I hope the tide has turned for you
Anne x

mahonia · « **Reply #92 on:** January 29, 2011, 10:29:10 »

An update for you, following visits from the borough council last week one of the derelict plots has been cleared or rather piled up into yet another large fire about 9 feet high and 10 feet across and nearby is another large heap of building materials, plastics etc. which I assume will be taken off site.

We would prefer not to burn but at least some clearance is taking place at long last.

Regarding evictions, I found out that 2 local councillors have overgrown and neglected plots, but they are not being evicted. Whereas some others are who have similar plots. It stinks.

I am still on my plot. Went there yesterday and again my presence was noted by our acting chair, but she did not speak. I am waiting for the court injunction for trespass she had threatened me with.

mahonia · « **Reply #93 on:** January 29, 2011, 14:45:43 »

Myself and other plot holders have asked for a copy of the constitution but we have been refused. Is this unlawful?

Also are we entitled to see copies of the minutes of meetings in the same way that Parish Councils etc. make them freely available?

It seems we have an association in which the members are not allowed to have access to information which affects them.

Does the FOI act 2000 apply to associations?

Unwashed · « **Reply #94 on:** January 30, 2011, 21:47:54 »

Quote from: mahonia on January 29, 2011, 14:45:43

Myself and other plot holders have asked for a copy of the constitution but we have been refused. Is this unlawful?

Also are we entitled to see copies of the minutes of meetings in the same way that Parish Councils etc. make them freely available?

It seems we have an association in which the members are not allowed to have access to information which affects them.

Does the FOI act 2000 apply to associations?

FoI? No. If the information was in some way held on behalf of a public authority then you could ask the public authority for it and they'd have to get it from the association, but I can't see that working.

Minutes and Constitution? There are statutory provisions about the minutes of a parish council and it's a criminal offence to be denied access, but no, that doesn't apply to the association. You could demand discovery if they bring and action against you in court, but other than that I don't know how you might compel an association to show you the minutes and constitution. It's really something the membership should demand, but if members can't be asked then I don't see it happening.

daitheplant · « **Reply #95 on:** January 31, 2011, 19:38:12 »

Surely the allotment holders ARE the association and not just the committee. As such any member can demand to see any documents appertaining to the association. Also a quorum of members can call an Extraordinay General Meeting and oust the incumbent committee.

tonybloke · « **Reply #96 on:** January 31, 2011, 19:51:04 »

as a tenant, you are a member of the association. does the association have a solicitor? if so, have a word with him/her and ask them to obtain/give you ( they must have a copy) a copy of the constitution.

Unwashed · « **Reply #97 on:** January 31, 2011, 20:00:58 »

At the end of the day you'd have to get a court order to deliver up the documents, but things have got seriously screwed if it comes to that. Granted, things might very well be seriously screwed. Really unless you have the support of the members it's pointless doing anything, and with the member's support there should be enough pressure to convince the old lady to cough up the docs, and if she won't just call a meeting to adopt some new ones.

tonybloke · « **Reply #98 on:** January 31, 2011, 20:08:41 »

if it is a proper association, the tenants (members) are entitled to a copy of the constitution. if it ain't a proper association, have a word with NSALG about setting one up.

1066 · « **Reply #99 on:** January 31, 2011, 20:11:03 »

I've just been reading this thread from the beginning and wanted to say well done on you for standing up to all this, and getting involed. I also want to wish you well - it sounds like you are on the right path to getting it all sorted

1066 :)

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Author Topic: Unlawful eviction from my plot (Read 67721 times)

pumkinlover