Topic: Facebook Campaign

[Digeroo]

It is nice to see someone else from Newbury posting.

[Unwashed]

Hi Simon,

I hope things turn out okay for you and you can get another plot. I'm on the Parsons site in Newbury and seen the councils buffoonery in action, and have also attracted the attention of the services officer for allegedly neglecting my chickens. Funnily enough when challenged they couldn't back up the accusation with any other details - and it seemd that they know naff all about allotments and livestock in any case. In the space of a few days I had two phone calls, a letter and have an email trail with their arrogant and condescending replies.

I think once you're under their gaze you're doomed.... I'm beginning to imagine the clock tower on the councils offices is like the Eye of Sauron.

When I wanted something in return, some of my chickens were stolen as the site is not secure (unmaintained hedge and inadequate fence) I was given the brush off. Typical jumped up council, all about authority but no responsibilty.

Cheers.

Thanks for the support Jonny, and I know what you mean. 

Can I ask you to read the synopsis of the dispute on my Facebook page and Like it (if you're on Facebook), and then maybe think about registering on the Newbury Weekly forum and contributing some comment as a fellow allotmenteer on this thread maybe?  I'd appreciate the support, and anyone else you know for that matter. 

Thanks, Simon

[Digeroo]

I do not use facebook.  So what is the latest.  I got to they fenced off the allotment and you removed that and continued working and they accused you of criminal damage to council property.  So what is the latest?

[Unwashed]

I'm still working my plot. :)

The police told the council to go away and use due process; that it's a civil matter and that they're not going to take the complaint of criminal damage further.  That effectively removes the threat of them dragging me off the plot bodily.  I've offered the council, as a resolution to the dispute, that I'll sign the new tenancy agreement.  That was over a week ago and they haven't responded, but they haven't done anything about applying to the court for a possession order either so I'm sort of hopeful that they'll accept my olive branch and we can all move on.

[jonny211]

Hi Simon,

Hope you're still on your plot. If you didn't know already we've received a letter from the council... the usual bumf about changes to the tenancy agreement but they've also included a questionaire and a leaflet about self-management!!!!

Cheers.

Jon

[Aden Roller]

Hi Simon,

Hope you're still on your plot. If you didn't know already we've received a letter from the council... the usual bumf about changes to the tenancy agreement but they've also included a questionaire and a leaflet about self-management!!!!

Cheers.

Jon

Self-management! Now that sounds very worthwhile following up.

[Unwashed]

A leaflet about self-management?  How interesting.  I'm curious to know what's in the leaflet given they seem to know squat-all about it and have spent the last four years trying to suppress any debate, but hey ho.  Any chance you can post it?

What changes have they made to the tenancy agreement now?

Yes, I'm most certainly still on my plot, and there's no immediate likelihood of them doing anything about that.

[shirlton]

Good on yer Simon.

[mahonia]

Hi Simon

I would like to add myself in support of your campaign and hope that your Council start using common sense and start treating you fairly and properly.

You may remember that you and many others on the forum were very supportive in my own dispute with the Hawkenbury Allotment Holders Association in Tunbridge Wells and  this is on the forum under "Unlawful Eviction from my plot".

Our own dispute is still ongoing and we are well into the legal matters and a civil action. The committee are now few in number as most of them have jumped ship. Also the two trustees have had enough and one of the trustees who was a local councillor has stood down from that as well. So the Association is in a mess and at least 25 members called an EGM last week as they are fed up.

Your case is very important as we must stand up to these bullying people whether Council staff or allotment committees. Like us, you have worked hard on your allotment and you should stand firm and fight to keep it.

It was good to hear that you removed the fence around your plot. Perhaps we should have done the same.

Kind regards, Roger Winch

PS. did you get my email re: Court cases ?

[jonny211]

What changes have they made to the tenancy agreement now?

We now get three warnings a year to get a plot straight within 30days before being evicted. Plots also have to be 70% cultivated, I hope that includes livestock and green manure. I probably couldn't post the self management info but if you pm me.

[Unwashed]

PS. did you get my email re: Court cases ?

Cheers Roger, email and PM sent.

[Unwashed]

We now get three warnings a year to get a plot straight within 30days before being evicted. Plots also have to be 70% cultivated, I hope that includes livestock and green manure.

Why they keep wanting to provoke trouble is beyond me.  It would be an extremely unusual situation for someone to receive three legitimate cultivation warning in a year which were all put right, but if that ever happened the Council still have to give the tenant a reasonable opportunity to put right any further issues and they simply can't opt out of the requirements of Section 146 of the Law of Property 1925, notwithstanding that they believe they are above the law.  They're simply addressing a problem that doesn't exist.

Likewise, a requirement to cultivate 70% doesn't appear too unreasonable, but if all of our sheds, paths, ponds, patios, compost bins and stuff has to fit in 30% of the plot that's not really possible on a small plot.  You also have a statutory right to keep chickens anywhere on your allotment and that could easily take up more than 30% of even a fairly large plot and as the rule goes further than allowed by statute that makes it unfair under the Unfair Terms in Consumer Contracts Regulations 1999.

The Council would do so much better if they just let things be, and if there really is a genuine pressing problem that they to address then they really need to get a consultative allotments group together that they can consult and that will speak up for the allotmenteers, but I just don't see that happening in Newbury.

[Digeroo]

there's no immediate likelihood of them doing anything about that.

Can you explain.  Are they going to court for an eviction order?

[Unwashed]

there's no immediate likelihood of them doing anything about that.

Can you explain.  Are they going to court for an eviction order?

One month on and there's no sign of that process starting.  The Civil Procedure Rules require them to talk to me reasonably and make their best endevours to reach a settlement without going to litigation, so the court will expect them to have exhausted their own complaints procedure and made some kind of effort to discuss the issues with me rationally, and that will include letting me have the meeting minutes where they decided to serve the Notice to Quit, but none of that is happening yet.  I wrote to their solicitor offering to sign the new agreement and let the matter drop and the solicitor replied that the council didn't want to talk to me, and that's the last I've heard from them.

The local paper is now starting to ask why this has gone on for more than two years without the council being able to evict me, and they've dug up that the council have so far spent £8k of public money trying to evict me, and that is starting to look just a tiny bit vindictive when the dispute would have been over and done after Trading Standards approved the new tenancy agreement had the council not endorsed my copy in biro with the clause "terminating on 13 December 2010".

[macmac]

I've just seen on Facebook that Simon has surrended his tenancy,shame  :(

[manicscousers]

Wish there was something we could do  :-\

[Squash64]

It's just so wrong isn't it?   :'(

[cornykev]

I've just sent Simon a PM as I'm not on Faceache.   :(

[shirlton]

Simon has stood up to them for so long. Not only for himself but for all of the allotment holders in Newbury. They should all have backed him. Sad to say some folks don't have any backbone. Its just a case of "Yes Sir" "No Sir".
I  feel very priviledge to count Simon as a friend and I know that most of the folks on here feel the same.
He is a man who fights for what he knows is right. We could do with a few more people like him in the world.

[jonny211]

Simon has stood up to them for so long. Not only for himself but for all of the allotment holders in Newbury. They should all have backed him. Sad to say some folks don't have any backbone. Its just a case of "Yes Sir" "No Sir".

Are you from Newbury Shirlton? Is there anyone else from Newbury here?

Please let us know what happened Simon, no doubt I'll be on their list too due to my responses to their questionaire.

Best regards

Jon