Allotments 4 All
Allotment Stuff => Allotment Movement => Topic started by: vidcare on March 01, 2014, 00:10:08
-
I have posted a number of posts about me personally being Assaulted, and my Eviction way back March 2013 this after many months of turmoil/health and family worry, awaiting for the case to come to court the final outcome from the British courts and judgement--- (Well the latest update this Sec pleaded Guilty of Assault by Bashing in Court,,, it looks as if the CPS solicitor Has sold my case short as i have received a eviction order from the committee saying as the Sec won the case (after pleading Guilty)!!and paying the CPS Costs I falsely accused him of assault and he was cleared and discharged by the courts ?? the letter unsigned from the Allotment committee states my sub-tenancy will not be renewed and i have to be OFF my allotment by the 31st March 2014 any justice in this country can any one PLEASE tell me )??? :BangHead:
-
I really do not understand how you can plead guilty and then get off. I suggest the local newspaper.
Have you got written proof he pleaded guilty?
-
I really do not understand how you can plead guilty and then get off. I suggest the local newspaper.
Have you got written proof he pleaded guilty?
Yes i have a letter from the CPS which states his plea was guilty to Assault by Bashing but like the guy he is, he was around to my plot to goad me about He Won and I lost with a fair number of F words thrown in !!!!! which i recorded on my mobile and the police are not interested with his bulling and aggressive manner !!
-
1 word.... move
-
1 word.... move
I was thinking exactly the same thing..... move!
The letter was probably written by the Secretary with or without the other committee members knowing about it. Dealing with all this can only be detrimental to your health. This awful man is never going to leave you alone.
Your profile doesn't say where you live. Are there any other allotments nearby?
-
1 word.... move
I was thinking exactly the same thing..... move!
The letter was probably written by the Secretary with or without the other committee members knowing about it. Dealing with all this can only be detrimental to your health. This awful man is never going to leave you alone.
Your profile doesn't say where you live. Are there any other allotments nearby?
Thanks for your input at present i am making arrangements to move after 46 years it will be a big wrench 1 poly tunnel 2 green houses and a shed but well worth it at the age of 74 health wise ?? i cannot get my head around it how can you plead Guilty and think you won he has even conned the Management at the Council he won !! gullible comes to MIND :BangHead:
-
Vidcare,
There appears on the internet the attached
"http://www.yourlocalguardian.co.uk/news/topstories/10355629.No_council_action_after_allotment_fight_between_pensioners/?ref=nt
If this was your incident, then I suspect that the Police caution refered to is not a court verdict.
From the details published in the paper they give you the name of the reporter who wrote the article. I would be very surprised if they would not run another article detailing your allegations and the outcome that you are facing. It would obviously be a matter of judgement on your part as to whether you consider it in your best overall interest to continue. I think the advice proffered above: to relocate is the simplest.I wonder whether you would not be best served by either returning to the Council asking for a transfer to a convenient site. As to moving the chattels, perhaps they would assist. In my experience, local council officers will do almost anything to avoid the spotlight of publicity. Good luck.
Please send PM if you wish.
-
Vidcare,
There appears on the internet the attached
"http://www.yourlocalguardian.co.uk/news/topstories/10355629.No_council_action_after_allotment_fight_between_pensioners/?ref=nt
If this was your incident, then I suspect that the Police caution refered to is not a court verdict.
From the details published in the paper they give you the name of the reporter who wrote the article. I would be very surprised if they would not run another article detailing your allegations and the outcome that you are facing. It would obviously be a matter of judgement on your part as to whether you consider it in your best overall interest to continue. I think the advice proffered above: to relocate is the simplest.I wonder whether you would not be best served by either returning to the Council asking for a transfer to a convenient site. As to moving the chattels, perhaps they would assist. In my experience, local council officers will do almost anything to avoid the spotlight of publicity. Good luck.
Please send PM if you wish.
Vidcare, if that is indeed the story of your assault, then the assailant has officially accepted criminal liability by accepting a police caution. So he has admitted guilt. There will be no further action, so the case won't come to court.
If you threatened that you'd have him sent to prison or some such, then he has "won" in the sense that no punishment will be meted out, other than an addition to his criminal record. His case may indeed have been discharged by the court, but he has NOT been cleared.
If the letter sent to you accuses you of making a false accusation, then the author of the letter is mistaken. Accepting a caution is in law exactly the same as pleading guilty.
-
Vidcare,
There appears on the internet the attached
"http://www.yourlocalguardian.co.uk/news/topstories/10355629.No_council_action_after_allotment_fight_between_pensioners/?ref=nt
If this was your incident, then I suspect that the Police caution refered to is not a court verdict.
From the details published in the paper they give you the name of the reporter who wrote the article. I would be very surprised if they would not run another article detailing your allegations and the outcome that you are facing. It would obviously be a matter of judgement on your part as to whether you consider it in your best overall interest to continue. I think the advice proffered above: to relocate is the simplest.I wonder whether you would not be best served by either returning to the Council asking for a transfer to a convenient site. As to moving the chattels, perhaps they would assist. In my experience, local council officers will do almost anything to avoid the spotlight of publicity. Good luck.
Please send PM if you wish.
Vidcare, if that is indeed the story of your assault, then the assailant has officially accepted criminal liability by accepting a police caution. So he has admitted guilt. There will be no further action, so the case won't come to court.
If you threatened that you'd have him sent to prison or some such, then he has "won" in the sense that no punishment will be meted out, other than an addition to his criminal record. His case may indeed have been discharged by the court, but he has NOT been cleared.
If the letter sent to you of making a false accusation, then the author of the letter is mistaken. Accepting a caution is in law exactly the same as pleading guilty.
great find on that story but its not my case my case was printed in the Newcastle Evening Chronicle as its
" not all roses in the garden" some thing like that it was well before the case went to court and nothing since but worth a think of contacting editor I agree with plead guilty then you admit the charge because some old magistrate thinks other wise and the CPS solicitor "quote from the accused " saying in his words in court when the 8ft gate was kicked against me and sent me flying catching my ankle and hip sending me to the ground " i took a football dive" and the CPS Solicitor agreed !! ending up with me attending the doctor and hospital for a x ray on my shoulder i hope i get a meeting with the guy in charge of leisure and Allotments at Newcastle upon Tyne council he promised me a meeting last week still waiting!!!
my first question will be if you admitted of doing a injustice "guilty plea " because the judge or magistrate did not give you a sentence would that make you innocence of the injustice IT Smells :BangHead:
-
From what has been said he has not 'won the case' and you should send a cop of the details and the eviction order to the council and the committee chair and ask them to sort it out.
Sounds to me as if you have been there too long to be able to relocate to a different site.
If the guilty party is facing no action, it stands to reason that the innocent party should also face not action. I certainly would get back to the newspaper about it.
-
Vidcare,
There appears on the internet the attached
"http://www.yourlocalguardian.co.uk/news/topstories/10355629.No_council_action_after_allotment_fight_between_pensioners/?ref=nt
If this was your incident, then I suspect that the Police caution refered to is not a court verdict.
From the details published in the paper they give you the name of the reporter who wrote the article. I would be very surprised if they would not run another article detailing your allegations and the outcome that you are facing. It would obviously be a matter of judgement on your part as to whether you consider it in your best overall interest to continue. I think the advice proffered above: to relocate is the simplest.I wonder whether you would not be best served by either returning to the Council asking for a transfer to a convenient site. As to moving the chattels, perhaps they would assist. In my experience, local council officers will do almost anything to avoid the spotlight of publicity. Good luck.
Please send PM if you wish.
Many Thanks for your info most interesting No this is not my case the Guy head of the Allotments at Newcastle upon Tyne Council a Mr D Fay he was full of appointments for a full week he promised me to get in touch with me last week ! I'm still waiting 7 days without any word from him when I first maked contact with him the first comment he said was O i have talked to the Allotment officer and he said I refused to shake hands with our Sec when he consulted me and goaded me about him winning the case which is a total lie as it was me who offered to shake and draw the line!!!
i get the feeling DONT WANT TO KNOW as i chased appointment up with a phone message as he was out of his office and still waiting :BangHead:
-
From what has been said he has not 'won the case' and you should send a cop of the details and the eviction order to the council and the committee chair and ask them to sort it out.
Sounds to me as if you have been there too long to be able to relocate to a different site.
If the guilty party is facing no action, it stands to reason that the innocent party should also face not action. I certainly would get back to the newspaper about it.
Thanks Digeroo
just dropped a email to the editor of the Newcastle Chronicle i like your "If the guilty party is facing no action, it stands to reason that the innocent party should also face not action. " will keep every one informed of any reaction :blob7:
-
From what has been said he has not 'won the case' and you should send a cop of the details and the eviction order to the council and the committee chair and ask them to sort it out.
Sounds to me as if you have been there too long to be able to relocate to a different site.
If the guilty party is facing no action, it stands to reason that the innocent party should also face not action. I certainly would get back to the newspaper about it.
Thanks Digeroo
just dropped a email to the editor of the Newcastle Chronicle i like your "If the guilty party is facing no action, it stands to reason that the innocent party should also face not action. " will keep every one informed of any reaction :blob7:
This Sec has given every plot holder a letter saying if there is any reaction /criticism or gossip on the court case and my eviction the person or persons will be dealt with eviction!! The (dictator) must be worried about a Possibility uprising of a extraordinary AGM HaHa
its all against the Constitution let them get on with his bulling !!!! as I AM LEAVING to a different Allotments and nearer to home and better rent, regret after 46 years(74 years old) leaving this way and letting the Big BULLY getting away with it,I give it my best shot being on the end of a physical assault that came my way !!!If only i was 20yrs younger dam dam
-
So glad you have another place to go to... hope the paper runs the story.
-
What happened to free speech. Hope your new allotment is great and you meet loads of friendly people. Sometimes you cannot reason with nasty/ignorant people. Part of my pleasure in the allotment is the people, who are helpful and generous. Probably, much as I can sympathise with you, it is better to move on as you don't know what this man if capable of. Good wishes and happy growing.
-
I different allotment sounds good to me. It will certainly be an upheaval but you cannot be enjoying your plot with all that agro going on.
I do hope that your move is a success. There have been several threads in the past and in the end a move turns out to be for the best. I am sure he will get his come uppance in the end.
If I received a letter with a threat of eviction for gossiping I would simply laugh.
I think I would invite as many people (apart from the sec) as possible for a farewell drink and have a good chat. He will think you are talking about him and it will wind him up, when in reality he will not even get a mention. Maybe a toast to absent friends.
-
Sorry that you feel that you have to move- but may be the best decision.
-
Sorry that you feel that you have to move- but may be the best decision.
Well the latest is I have been Asked to attend a meeting with the Guy in charge of Newcastle Council leisure and allotments next week it will be interesting as I have decided to re allocate and have a appointment with my Solicitor on Friday, can I ask if any one pleads Guilty of a charge although the sentence from the court deems your sentence as absolute discharge and the formal recording that the defendant had committed a criminal offence ? Guilty or not Guilty...your response please .. in reverse a plea of NOT Guilty can be and is changed many times by a offender in court to Guilty but put me right reverse your plea is accepting your Guilty thus your accepting you are Guilty ? cos this OFFENDER is saying he is innocence??? :angel13:
-
Are you sure he has not been bound over to keep the peace? That is different. Ask the court for details of the case. It is public knowledge. An absolute discharge does not mean he is innocent.
If he tells people that then I think he is wrong.
http://sentencingcouncil.judiciary.gov.uk/sentencing/discharges.htm
Hopefully your solicitor will be able to clarify the situation for you.
It could have a devastating effect on his car insurance.
https://www.insurable.com/convictions.html
As you can see the absolute discharge is on the list of convictions.
-
He now has a criminal records which will last for six months.
-
https://www.cps.gov.uk/victims_witnesses/going_to_court/sentencing.html
Quote from the above webpage of the Crown Prosecution Service
1.Absolute discharge - no further action is taken, since either the offence was very minor, or the court considers that the experience has been enough of a deterrent. The offender will receive a criminal record.
I think you should forward a copy of your eviction letter saying he is innocent to the court. The experience does not seem to be enough of a deterrent.
Ask your solicitor if he is also liable for your legal expenses.
-
From the CPS web site:
What happens if the defendant tries to intimidate me?
Intimidation of witnesses is a criminal offence and although rare is viewed very seriously by the courts. You must report it to the police or your witness care officer immediately. This will be investigated and can lead to further charges for the defendant.
Go to the police and report what is happening to you.
-
I agree with Unwashed that the police is the right way to go.
I personally think his actions issuing you with an eviction notice is some kind of contempt of court or misconduct. He should not be using his position as secretary to wage a personal vendetta.
He also should not threaten to evict people who discuss his public humiliation at the hands of the court. If they have given him a criminal record that is a matter of public knowledge.
Do not give up quite yet.
-
I think moving on is a good idea. At your age you should be able to enjoy your allotment. I don't think that you would have been able to stand the harassment from this person because they would not have given up until you were gone. Some people don't like to be challenged and if you had stayed then you would have been a constant reminder of his insecurities.
-
He now has a criminal records which will last for six months.
cheers Digeroo very help full and interesting :thumbsup:
-
I am so pleased that you have found a new allotment. :blob7:
Do you have any friends or family to help you move things such as your greenhouse? My OH and I would help if we lived nearer but we are 300 miles away. Maybe there are some A4A members who live in the Newcastle area who would lend you a hand.
Good luck with your meeting today.
-
From the CPS web site:
What happens if the defendant tries to intimidate me?
Intimidation of witnesses is a criminal offence and although rare is viewed very seriously by the courts. You must report it to the police or your witness care officer immediately. This will be investigated and can lead to further charges for the defendant.
Go to the police and report what is happening to you.
been to the police and the police went to see him! in the eviction letter its stated as I went to the police and no charges are made by the police then that's one of the reasons why I received the eviction
-
I still think moving is the best idea. He will forever continue to bug you one way or another.
-
I still think moving is the best idea. He will forever continue to bug you one way or another.
If the true was known with a criminal record of assault the council should remove him as per the rules/ constitution as other plot holders could be under threat
-
I still think moving is the best idea. He will forever continue to bug you one way or another.
If the true was known with a criminal record of assault the council should remove him as per the rules/ constitution as other plot holders could be under threat
Well Well Well it came across at the meet they are under impression he is innocent what chance have I :BangHead: :BangHead: :BangHead:
from CPS Letter Quote" At the hearing on xxx xxxxxxx xxxx at xxxxxxxx Magistrates court ,xxxxxxx xxxx pleaded guilty to the following charges: = Assault by beating
the Defendant has been given a Absolute Discharge. This indicates that the court considered that the most important issue here was the appearance of the defendant at court,the conviction and the formal recording that the defendant had committed a criminal offence" unquote" is that pure English or am I missing some thing ????? :sign5:
-
I read the full reference to the sentence passed from the Crown prosecution service website and draw members attention to the full text herewith:
https://www.cps.gov.uk/victims_witnesses/going_to_court/sentencing.html
I consider that the convicted party is exceedingly lucky to have received such a sentance,and in my opinion, is unlikely to receive such treatment in any subsequent appearance for any future transgression.
Victory? , oh No !
-
I read the full reference to the sentence passed from the Crown prosecution service website and draw members attention to the full text herewith:
https://www.cps.gov.uk/victims_witnesses/going_to_court/sentencing.html
I consider that the convicted party is exceedingly lucky to have received such a sentance,and in my opinion, is unlikely to receive such treatment in any subsequent appearance for any future transgression.
Victory? , oh No !
We'll sent off a letter of appeal to the Committee and the reply was The committee reiterates the original decision to evict by 31st March 2014 no mention of a appeal hearing :BangHead:
-
We'll guest what I had a visit from the police today and I have to visit the police station on Saturday the Sec has fingered me as the culprit apparently his front door of his house has been damaged ? so I am going along with my solicitor on Saturday
-
I hope things have been sorted out favourably for you Vidcare.