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> Allotment Dispute
Simon Kirby
post Feb 22 2011, 12:07 PM
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The Town Council have issued a press-release about my dispute with them. I would be grateful if you would read it and comment.


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dannyboy
post Feb 22 2011, 12:12 PM
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QUOTE (Simon Kirby @ Feb 22 2011, 12:07 PM) *
The Town Council have issued a press-release about my dispute with them. I would be grateful if you would read it and comment.

Are you sure that is a NTC 'press release'?
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NWNREADER
post Feb 22 2011, 12:17 PM
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That is a news report. I doubt NTC would quote Simon!!!!

Interesting that 'West Berks' Conservatives were against the change.

This is the NTC statement:

NTC
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Simon Kirby
post Feb 22 2011, 12:36 PM
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QUOTE (NWNREADER @ Feb 22 2011, 12:17 PM) *
That is a news report. I doubt NTC would quote Simon!!!!

Interesting that 'West Berks' Conservatives were against the change.

This is the NTC statement:

NTC

Sorry, pasted the wrong link. It's right now. And here it is again.


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panda
post Feb 22 2011, 12:41 PM
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that was a news report from Jan 12th 2010. Over a year ago
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NWNREADER
post Feb 22 2011, 12:47 PM
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QUOTE (panda @ Feb 22 2011, 12:41 PM) *
that was a news report from Jan 12th 2010. Over a year ago


Well spotted!!! Changes my original thoughts a bit
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Bofem
post Feb 22 2011, 12:59 PM
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QUOTE (NWNREADER @ Feb 22 2011, 12:47 PM) *
Well spotted!!! Changes my original thoughts a bit


Very interesting.

Firstly, NTC is wrong to say your comments are "libellous" against the council and its members.

This is breathtakingly incompetent. Councils cannot sue for libel. (details of latest case law below).

http://www.bailii.org/uk/cases/UKHL/1992/6.html

More ominously, they claim the call for self-management is a 'one-person' campaign built on 'unrealistic' calculations. This could be proven to be an attack by a public body on your right to express your opinions (potential breach of Article 8 HRA).

It's quite extraordinary to respond in this way, and whatever the outcome, I would also instigate that the councillor who approved this has in turn 'brought the council into disrepute' (see code of conduct on NTC page) by attacking someone who doesn't like the way things are done.

So, Simon. Get the 'no win no fee' guys in, and if you win, donate the money to take on management of the allotments.




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panda
post Feb 22 2011, 01:04 PM
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Anyone who doesn't pay there rent should be kicked off. £6.94p a year is that all!!
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Andy Capp
post Feb 22 2011, 01:06 PM
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What it does mean is that you have been given 'proper' notice to leave.
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Richard Garvie
post Feb 22 2011, 01:06 PM
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QUOTE (Bofem @ Feb 22 2011, 12:59 PM) *
Very interesting.

Firstly, NTC is wrong to say your comments are "libellous" against the council and its members.

This is breathtakingly incompetent. Councils cannot sue for libel. (details of latest case law below).

http://www.bailii.org/uk/cases/UKHL/1992/6.html

More ominously, they claim the call for self-management is a 'one-person' campaign built on 'unrealistic' calculations. This could be proven to be an attack by a public body on your right to express your opinions (potential breach of Article 8 HRA).

It's quite extraordinary to respond in this way, and whatever the outcome, I would also instigate that the councillor who approved this has in turn 'brought the council into disrepute' (see code of conduct on NTC page) by attacking someone who doesn't like the way things are done.

So, Simon. Get the 'no win no fee' guys in, and if you win, donate the money to take on management of the allotments.


I have to agree with you. This is a very complex argument, but there is no excuse for targetted press releases at individuals. Surely a better outcome would have been mediation with both parties to resolve differences?
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Andy Capp
post Feb 22 2011, 01:07 PM
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QUOTE (panda @ Feb 22 2011, 01:04 PM) *
Anyone who doesn't pay there rent should be kicked off. £6.94p a year is that all!!

If you were to take the trouble to research the dispute, you might see that this is a complex argument of which the rent is only a part of the issue.
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panda
post Feb 22 2011, 01:10 PM
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QUOTE (Andy Capp @ Feb 22 2011, 01:07 PM) *
If you were to take the trouble to research the dispute, you might see that this is a complex argument of which the rent is only a part of the issue.

yes i know
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Bofem
post Feb 22 2011, 01:20 PM
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They think they're being clever by not naming Simon, so although the statement doesn't actually name him, as he's mentioned by name in previous NTC meeting minutes, there could also be a privacy issue of publishing confidential details (unless Simon has already done so of his own volition).

Either way, you should initially complain to WBC's Standards Committee, which will investigate this publication. But be quick, the committees going soon and parish councils appear to be answerable only to themselves! Help, we're being repressed!

http://decisionmaking.westberks.gov.uk/ieL...=1394&Ver=4



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panda
post Feb 22 2011, 01:35 PM
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looks like simon has one or two people sucked into his stories
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dannyboy
post Feb 22 2011, 01:38 PM
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If there was a grass roots (ho ho) campaign of allotment holders for self management, regardless of the 'savings' to be made I'd be all in favour of handing over the running of the allotments.

There isn't.


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Bofem
post Feb 22 2011, 01:53 PM
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QUOTE (dannyboy @ Feb 22 2011, 01:38 PM) *
If there was a grass roots (ho ho) campaign of allotment holders for self management, regardless of the 'savings' to be made I'd be all in favour of handing over the running of the allotments.

There isn't.


And there never will be if we allow campaigners to be evicted from their plots and publicly besmirched.

Now, I'm off to Market Place after Friday prayers to topple the regime.


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panda
post Feb 22 2011, 01:57 PM
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QUOTE (Bofem @ Feb 22 2011, 01:53 PM) *
And there never will be if we allow campaigners to be evicted from their plots and publicly besmirched.

Now, I'm off to Market Place after Friday prayers to topple the regime.

ha ha
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dannyboy
post Feb 22 2011, 01:57 PM
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QUOTE (Bofem @ Feb 22 2011, 01:53 PM) *
And there never will be if we allow campaigners to be evicted from their plots and publicly besmirched.

Now, I'm off to Market Place after Friday prayers to topple the regime.



Then the rest of the 524 allotment holders must be very happy.
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panda
post Feb 22 2011, 01:58 PM
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QUOTE (dannyboy @ Feb 22 2011, 01:57 PM) *
Then the rest of the 524 allotment holders must be very happy.

they are
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massifheed
post Feb 22 2011, 01:59 PM
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Well, whatever happens, they appear to have given you notice which is completely in accordance with the contract, so I don't know how you'd fight that.

I do think the wording of the press release is a little surprising. I'm not sure that there is much to take offence at, and they haven'y named you. But it smacks of a council department fed up with the carry on, so they've given up making things sound "frilly", and put it in plain English.

It would have been interesting for it to have gone to court. I know that would have potentially meant a lot of stress for you, but it would be good to get a proper judgement on it, rather than the council choosing to take a different route.

It sounds like you have a fair sized plot. Would you consider caving and just paying the increase or, with the apparent notice served, is that not even an option anymore and you have to leave?
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