can you request an independant appeal hearing? our appeal was with the council, so basically it was the council representing the council, (not very fair on us) time is ticking by for the eviction date.
In principle yes, in practice no.
It's your right, guaranteed by Article 6 of the Human Rights Act, to a fair trial of you civil liabilities by an independent tribunal. That means the council is not the final arbiter and can't just evict you, but you have to go to court to challenge their decision and that isn't easy, and can be very expensive.
My feeling is that your daughter is being treated unfairly and the council wouldn't get a possession order because the 30 day Notice to Quit she was served with was defective, being less than the 12 month minimum required by Section 1 of the Allotments Act 1950. The Council should have had the nouse to recognise their error when you explained it to them, but I'm afraid council's don't like being told how stupid they are and they took the easiest decision and ignored you.
If it was worth it to you you might go and see a solicitor who deals with property issues and explain what's happened (and you'll need to show them the allotments act because it's unlikely they'll be aware of it) and the solicitor could write a letter to the council, and that will cost you maybe £500. If the Council ignore that, and they probably will, you could ask the solicitor to defend an application for possession and that will only cost you say £200 if you win, but as is the way with these things you might lose and then it could cost you £5k?
Sorry, not what you wanted to hear, but getting justice is very hard. Write to your councillor and see if she'll listen to your argument and represent you.
