Urgent advice needed on plot eviction.

Started by fireman, March 06, 2011, 10:09:51

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Unwashed

Hi Fireman, do let us know how you're getting on.  Best of luck.
An Agreement of the People for a firm and present peace upon grounds of common right

Unwashed

An Agreement of the People for a firm and present peace upon grounds of common right

fireman

received another letter from the committee which tells her she as 7 days to remove her stuff but she has got to ask the secretary to let her in to arrange a supervised visit as they have locked her out and told her she has no lawful right to be on the allotment and if she is seen will incure criminal proceedings.
after 7 days they are going to charge her a cost per day to look after her property if not removed by 2 weeks they will dismantle everything and say they arent responsible for any loss or damage. they have done this even though they know there is an appeal in process and a formal complaint against the committee and that the MP is involved.

Robert_Brenchley

Are they entitled to charge her? What criminal offence will she be committing? Trespass is not a criminal offence.

daitheplant

She should turn up on site with you and her solicitor, and start threatening that bunch of a*******s. They have no legal right to lock her out, OR threaten her with criminal proceedings.

DaiT

cambourne7

fingers crossed it will be sorted they just gave away my things and literally set fire to my plot

daitheplant

You have them for theft and criminal damage then. Call in the police. :)
DaiT

cambourne7


Robert_Brenchley

That's typical, but see a solicitor. Don't take it lying down, that's how these people get away with it.

fireman

update on friends plot there may be some light at end of tunnel.
She has dug her heels in and got councillors involved who have told the town council for them to inform the committee to halt the eviction process has they are not happy with what has been done by committee, and she is going to get an independent hearing so she can tackle the committee.
so now waiting for dates

Unwashed

That's very much more encouraging, well done.
An Agreement of the People for a firm and present peace upon grounds of common right

cornykev

MAY THE CORN BE WITH YOU.

tonybloke

please keep us informed of any progress with this issue.
You couldn't make it up!

fireman

well we are back to square one councillor went to town council to alter eviction and get a key but town council wont move and say its up to committee and any issues with committee we need to go to NSALG, but NSALG say its not for them to sort its town council to sort as landlords. again my friend is stuck in the middle while all the authority decides who is to take control she is still locked out of her allotment.
what is the process to go to the courts to get relief so can get back on plot is it straight to a court or through solicitor?

Unwashed

You'd be well advised to go through a solicitor.  A solicitor's letter might be enough to get the council to do the right thing, and if you have to go to court it's not entirely easy to do it yourself, and if you have a good claim you should get most of your costs back - but if you go and see a solicitor she can explain all that.
An Agreement of the People for a firm and present peace upon grounds of common right

1066

how frustrating, you get the Councillor on your side, and then they are unable to act on it. It does sound like a solicitors letter might do the trick. Keep plugging away Fireman and friend!

fireman

Hi update on friends plot eviction.
She has finally got the town council to admit they are the authority in control of the allotments today and they are going to discuss her appeal hearing at next council meeting but this is not for weeks and she has pointed out her plot will be cleared by then .But she recieved a call out of the blue today from another councillor telling her not to be bullied and she needs to get in out in to the public domain or she will remain stuck between the devil and the deep blue sea.!Becaus ehe is disgusted whats happening and that she is not being helped by the council he serves .he said the only way it willl be sorted is if she lets the locals know what is happening to her .she ha snow got lots of support from local people willing to stand up against the committee with her and they have started to battle on her behalf by contacting the council to demand they act .so now she is speaking to the press and giving them all her evidance so i will keep you posted and send the link if it gets printed .

fireman

well update got confirmation that the town council are the allotment authority so the committee dont have the legal right to keep her off the plot. so she has been to allotment today and the committee approached her and locked her in the allotment and called the police. the police turned up on blue lights and threatened to arrest her for breach of the peace if she didnt leave the site and to sort it with the council tomorrow.

Robert_Brenchley

That's unlawful imprisonment, so she should go straight to a solicitor. Handle it right, they could well have made a fatal mistake.

nodig

Tell her to give up gracefully.  Even if she wins her right to the allotment, it will not take long for a good committe to trump up a list of complaints against her.

If her committee is listening, I can show them creative ways of evicting unwanted tenants.

Nodig

aj

Wow No dig - ease off on the helpfulness eh?

Has she actually contacted a solicitor yet?

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