Newbury Allotment Dispute

Discussion in 'Allotments Discussion' started by Simon Kirby, Apr 3, 2012.

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  1. Jenny namaste

    Jenny namaste Total Gardener

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    I do so hope for a satisfactory outcome to all of this.
    Jenny namaste
     
  2. Jack McHammocklashing

    Jack McHammocklashing Sludgemariner

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    A one man crusade who does not have the other 499 allotment holders supporting and has not paid rent for not ONE but TEN POLES, Given a free further year to crop the site and go
    You could spend more time tending your allotment, than tending the computer and your agenda, Then the council can tend to more serious matters like grannies getting mugged in unlit under passes etc

    If you care about grannies and fellow citizens then give up whilst the going is good, and use your life rather than waste it, because that is what you are doing flogging a dead horse
    You have spoken to every gardening site in the UK BUT NOT to your fellow allotment holders ? weird

    I see your point in principles, only just now there are more important things in the UK to worry about
    Like today I had 36 people who are no longer working who were on
    £1.2k per week have a very big mortgage and are now to recieve £61pw Job seekers allowance (I have done this day in day out for the past two years and I know by rote how it now goes,
    The mortgage forcloses, The home is lost with negative equity, The wife and kids now leave him, and go home to Mum,where they claim £60 per child per week, and he either goes home to his Mum and can claim NOTHING or lives on the streets again with NOTHING
    Sort of puts it into perspective)

    Jack McHammocklashing
     
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    • JWK

      JWK Gardener Staff Member

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      Well said Jack.

      Simon why not just accept the terms of the offer from the council then at least you've still got your allotment even if you've lost your pride.
       
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      • Simon Kirby

        Simon Kirby Apprentice Gardener

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        Thanks for your perspective on this.
         
      • Dopey

        Dopey Heathrow Nr Outer Mongolia (sunny south)

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        Simon you mind me asking you? do you think you will win in the end?
         
      • *dim*

        *dim* Head Gardener

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        suppose the best way I can put this is as following:

        you rent an allotment ....

        it's like being part of a club, or being in boarding school, or being in the army, but it's actually better as you are not forced to be part of the group (you can leave whenever you wish)

        there are rules, regulations and etiquette .... if you want to be part of the team, be friends with everyone and accept the rules

        if not, move on but don't slag anyone and don't burn your bridges
         
      • shiney

        shiney President, Grumpy Old Men's Club Staff Member

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        Although I have quite a bit of experience in mediating and helping to solve disputes I have deliberately kept out of this discussion.

        I have a lot of sympathy for you and can see your point of view but, in my opinion, you won't get anywhere unless the Council feel like being magnanimous - and I'm pretty sure they won't be.

        Of course, I have only really seen the details from your point of view and the statement from the council doesn't address all those points - whether they are right or wrong.

        As it's not local to me and I have so many other, more important, battles to fight I have only taken note of a few details and don't really want to spend time studying any more.

        Unfortunately, you have made one mistake that a lot of people make in disputes with authorities (apart from getting their backs up) and that is, not paying the requested amount - under protest. These sort of battles are much easier to fight if you pay, under protest, and then fight your corner. By not paying you have given them the ammunition they need to get rid of you, as that part of the argument has skewed the whole battle.

        If you want to keep your allottment (assuming they will still allow it) I suggest you pay up (even if you are in the right) and chalk it down to experience. Some battles are just not worth fighting, particularly when you have made a technical mistake such as not paying and then doing your arguing.

        I wish you all the best and hope you can move on.
         
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        • JWK

          JWK Gardener Staff Member

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          Where's that time travelling helicopter when you need it.
           
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          • Phil A

            Phil A Guest

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            God has it this week,

            http://imgur.com/kh5fC
             
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            • clueless1

              clueless1 member... yep, that's what I am:)

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              You risked further damaging the continuum by repairing the damage I accidentally did when I caused the link to break. Well done:dbgrtmb:
               
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              • Jenny namaste

                Jenny namaste Total Gardener

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                Please consider what these ,not just wise owls but garden friends ,are saying. I think that the feel good factor that exists down on an allotment is worth its weight in gold.
                I truly wish you well,
                sincerely,
                Jenny namaste:imphrt:
                 
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                • Plant Potty

                  Plant Potty Gardener

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                  the flag is just fine n dandy Jack! so leave it alone! bit shocked the way you post lately? I remember a time you wanted to pick up your ball and go home over your "cat" thread, live n let live, seems the op has a post and you are just bashing him for the sake of bashing???

                  to the OP, make your FOA RQ's 2008, request ALL data to include minutes of ALL council meetings and emails, someone uninformed peep posted it was a £10 charge to make that request on page one, thats untrue, the council may ONLY CHARGE for photocopying and such like, if you request the info electronicly ie by email, then they have no right to make a charge, dont be put off that the council would be better off dealing with clearing up dead grannys! they have a budget for both and NO granny will go undefended or burried!

                  you might be as mad as a box of frogs? I dont know? but the LAW SAYS you can ASK, so do so.

                  Plant Potty :spinning:
                   
                • clueless1

                  clueless1 member... yep, that's what I am:)

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                  Just out of interest, what law is that one? I'm aware of the Data Protection Act 1990 which entitles you to data held about you, for for which the data controller (the council in this case) may charge a max fee. I'm also aware of the Freedom of Information act, which entitles anyone to request data that they can claim is in the public interest and is not confidential, or otherwise sensitive, and the data controller (limited to government bodies) can charge a fee proportionate to the cost of fulfilling the request, with no set limit.

                  To get the full picture, the OP should in theory make separate data requests under both acts, but that would be time consuming (28 days to initially respond plus upto 40 days to fulfil the request after the initial 28 days for DP act, FOI is longer if I remember right), and costly (I think £10 for DP, unlimited for FOI).

                  Under the Freedom of Information act, the fee has to be shown to be proportionate to the cost of processing the request. Its a token law that means nothing to mere mortals, because although you have the legal right to challenge the cost, that challenge has to happen in court at your expense, so either way you get no control over the cost. The council may say it will cost them, and therefore the claimant, £5,000 to process the request. You may then argue that it will only cost £10, and then the onus is on the claimant to challenge the cost in court.

                  All that said, I'm not a lawyer. My knowledge is limited to what I was forced to learn in order to keep my previous job in an FSA regulated company serving a long term government contract. I only learned what I was required to know in order to pass the endless refresher courses so that they weren't required under the terms of the contract to bin me off. There may well be other laws similar to DP and FOI that I'm not aware of.
                   
                • shiney

                  shiney President, Grumpy Old Men's Club Staff Member

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                  I would be happy with the flag - but it does distract from the argument and only helps to exacerbate the situation. Getting the back up of the other side never helps the main argument.

                  At the time that the flag was flown it was the law that you needed planning permission to fly a flag - but not for a national flag. This is changing.
                  http://www.communities.gov.uk/news/newsroom/2020114

                  Permission for the erection of a flag pole is another matter :sad: :scratch: (they've always got a way to get you by the short and curlies) - and the flying of the flag may possibly be prohibited under a covenant on the land or in the contract for rental.
                   
                • Dopey

                  Dopey Heathrow Nr Outer Mongolia (sunny south)

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                  Hmm pride in your country.... forget it
                   
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