Urgent legal advice needed

Discussion in 'Allotments Discussion' started by Steve R, Nov 8, 2011.

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  1. moonraker

    moonraker Gardener

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    Steve,
    why is it in todays modern society the victim is expected to be the one to pay for those who dont want to play by the rules?
    The rules (and you should have had a copy to both read understand and show to anyone who feels they can change any rule without the correct way of doing so)
    You all rent and dont own the plots!

    When you join the waiting list for an allotment and at last the offer arrives and you go to sign for the allotment "your willing to do what ever the rules say"
    But if you do errect this fence at your expense then you are more to blame than these basic allotment bully people your telling us about, your no better than they are.

    Let them pay the errection of the fence "they decided to remove" and ask yourself what you expect the rest of your time and thiers will be like for any other allotment member?

    As for you saying "sorry" all you did then was give these people the idea that they kick you in the face and you say sorry.

    I was on my allotment for 15 years and really enjoyed the company but when we had the first lady member (and child) I found myself telling a few members that she had every right to have an allotment (as they thought it was a men only thing)
    This idea "i make the rules as i go along idea"' was killed in the bud, and the members im talking about found that i was not a walk over or follow the pack member and i also felt and still do that i was a better person for standing up and by the allotment rules i signed for on that day i got my letter telling me an allotment was on offer, If i would have said on that day of signing 'Oh im not going to take any notice of your rules!!!!!
    do you think i would have been given an plot??????????????

    As far as i know we never had anymore of this bully boy stuff on our allotment and it took a while for the people i had a talk with "for me to except thier friendship again "but it was a more understandable friendship from then on And the new lady member was left alone to garden and thats all she was asking to do.

    Your the victim here "Dont start paying the price for other peoples greed.
     
  2. Steve R

    Steve R Soil Furtler

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    I take a real exception to that comment and I've been poised to respond (and stopped myself several times) as others here know how I can, but I will not stoop to your level.

    I offered to move the fence and if necessary at my expense for a couple of reasons..

    1. I would have built a rabbit protected fence anyway on this new plot, indeed I had already recycled some materials to do so with.

    2. I know my neighbours work fulltime, I do not. I'm my partners carer and work on the plot whilst she sleeps. My offer was one of help, the same help I have given to at least 9 other plot holders at the allotments, 2 of those at their home gardens.

    I apologised because I had surgery years ago after being knocked over by a car, I was warned by the Dr that a serious knock to my head would possibly leave me dead...two people effing and blinding in my face, threatening "War" etc was heading in a direction I did not want.

    You mention the rules, are these the same rules I used to speak to the Parish council with, who then acted upon them?

    Moonraker...what the heck are you on?

    I'm a nice helpful guy, with a fragile medical history who follows the rules, and you tar me with the brush of those two vicious beasts?

    I'm truly lost for words, and dissapointed.

    Steve
     
  3. Dave W

    Dave W Total Gardener

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    Well done Steve, I'm delighted to see your patience has at last paid off.

    Politeness is the flower of humanity - Joseph Joubert
     
  4. Phil A

    Phil A Guest

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    Steve, I don't think Moonraker meant that to be offensive, maybe it just came across wrong. I think he's supporting your case.
     
  5. Scrungee

    Scrungee Well known for it

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    SteveR, I assume this is the bit (or one one of the bits) you mean:

     
  6. Steve R

    Steve R Soil Furtler

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    No I dont think he did mean to be offensive, but I saw the words "your no better than they are" and had to reply and clarify why I had done things the way I had and explain that I am helpful to many people as I enjoy doing that.

    I just could not see how "your no better than they are" applied to me, in any scenario, however it's written.

    Steve...:)
     
  7. merleworld

    merleworld Total Gardener

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    Well done Steve on getting it sorted. You've done everything you possibly could from what I can see (and probably been more patient with the neighbours than most) and you've been through the proper channels and got the right result :cool:
     
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    • moonraker

      moonraker Gardener

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    • moonraker

      moonraker Gardener

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      Just hold on steve,
      first things first, you asked for advice and i gave you an honest reply,
      If you start saying sorry (car accident or not) for other peoples wanting to bend the rules ? (This is what you said) they didnt apply to any council because they know as you and i know the reply would have been No, read the rules ref fencing.

      (2)Steve,
      you went to the council after you'd been shouted at and you didnt like it.
      It was then you went to report your complaint.
      (3) As ive said "if you start putting your hand in your pocket to put right people who "1" tell you we're to go & statements such as this is war! do you really think their next victim will also want to pay for their bullyboy tactics??

      Why do you think we have allotment rules "Steve"???
      Why do you think we have fencing in the first place and who decided to have fencing ,?

      Im not on anything (as you put it) but im one of these people who play by the rules,

      As i said both you & your neighbours are only the renting people, you own nothing and if you upset the council enough you'll soon understand its better to play by the rules you agreed to abide by when you and all the other members got your plots's, or the very same council will give you your marching orders for "not playing by the rules" and they'll show you your own signed agreement saying you'd abide by the same rules and not make them up as you go along.

      Im sure one of those rules are that if you have any complaints ref the allotment contact the "in your case" the parish council" and dont encourage upset by trying to sort the problems out yourself.
      I can assure you "Steve" you've not made a friend of this person you've complained about,
      You took the situation into your own hands and found out it was'nt going tobe a walk in the park and then and only then you decided to take your complaint to the correct dept, and you knew we're to go in the first place so why are you asking for advice?

      Im not trying to upset you or anyone else, but as ive said its always the victims that seem to pay the price and by this i mean every time we hear or see on the news a person has been mugged or theft of old people "but the robber was on drugs etc always an excuse but the victim is the one who is expected to pay, you are the victim here, and all you had to do was go through the right depts and let them get the message across, thats why they are there.
      I didnt mean or want to upset you "but" i think if you read what ive said and think about it, you've not helped these peoples next victim's they'll expect a sorry from them & a hand in pocket from the very same victim.
      Im sure if these people would have took you for your word to have this fence replaced and employed a fencing company (they work during the day you know) and then presented you with the bill (after all you said you'd pay) you wouldnt be so happy then and on the legal side they would be right to give you the bill after all you did say for all to see "you"d pay!

      Regards Moonraker.
       
    • Dopey

      Dopey Heathrow Nr Outer Mongolia (sunny south)

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      You know, I dont think its worth the hassle or grief to have an argument on an open forum, it helps no one and upsets you guys, just leave it at that, and agree to disagree, life is way to short for things like this
       
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      • ARMANDII

        ARMANDII Low Flying Administrator Staff Member

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        I think we all have our own ways and thoughts of solving situations and there will always be a difference of opinion in how a thing should be done. Steve, I think, has explained the situation and his thinking succinctly and clearly and it seems most members are in sympathy and agreement with him.

        Trying to offer advice, whether asked for or not, is always fraught with the dangers of disagreement and causing offence, even when not intended, as the saying goes "The road to hell is paved with good intentions". So when a person becomes offended with another person's comments that person's advice does lose it's value, becomes nullified and mutates into criticism which moves away from the original intention of offering friendly advice which can be accepted or not.

        I would hope that, in this case, we agree to disagree and members will continue to offer the support that Steve needs in this situation without the Thread losing it's value due to misunderstandings.
         
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        • Steve R

          Steve R Soil Furtler

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          Yes, advice was sought and received.

          If you notice from the date I posted the topic, and the date I posted that the clerk from the Parish council was to visit at my request, where the same day!

          This means I calmed an escalating argument actually at the plot as the scenario unfolded, came home posted here, checked the rules, phoned the council Clerk...I could not have done it any quicker save for visiting the clerk at his home. I followed the rules and I always staunchly follow rules to the letter.

          But we are deviating here, I took exception (and still do) to the fact that you said "your no better than they are" and in your reply to me above you have addressed everything else accept that uncalled for comment.

          Also, although I asked for advice, your advice came after this topic had been updated as a resolution had been gained, then finally all works done and completed. Advice is good and I thank all those who give it freely here when I ask for it, but timing is everything and 4 months after my request is a little late.

          I dont think my plot neighbours will use this incident as an incentive to go and bully others, they have learned from this that they cannot bully people as they choose, and if they do that swift action will follow as has happened here.

          To all: My words appear stern and they are meant to be, the bold words above basically call me a bully and rulebreaker, the opposite are true of me. However this does not mean that I am going off on a rant or that I am heavily miffed off...far from it.

          Under this new forum system, the thanks I gave to those members at the advice stage of this topic, has sadly dissapeared so I'd just like to say thanks again to those who offered advice back in November both publically and privately.

          Steve...:)
           
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          • moonraker

            moonraker Gardener

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            Steve,
            Im not trying to upset you, far from it, but as has been said by a few members "let it rest now"
            I really do not in anyway shape or form like bully people, ive seen peoples life made hell by such people and when i did have my own allotment (before it was closed down and built on) i did for 3 year become "by vote of all the members" become the sites rep (for a better word) and i had very little to ever do except as i said put a very quick stop to a few members who decided it was a mens only allotment, that idea died a death very quickly and im sure the lady who they decided was not welcome didnt know a thing about it,
            But i did and still do take it very seriously when any member has a second plot.

            The reason i take such a view "against anyone having two plots" Is because of what the allotment idea is all about and how one gets his/her application on the "WAITING LIST"

            And im pleased to say that after my request that the person who was to have two plots was told that this will now not happen due to people on the waiting list will have the offer of this vacant plot.
            " waiting list order" ie some people had been on that list for 4 years plus.
            Im proud of the fact that i myself put a stop to the plots being on offer to people who already had a plot.
            But i did enforce plot swaps, ie if any member gave up his/her plot and for reasons best known to other members who thought they would be happy near the water supply tap or what ever! then "Yes" give that member the choice of a change of plot,

            But only if No waiting list was in use should anyone have two plots.
            When the council decided to accept my thoughts on this policy ref one plot only a written open letter was put on the allotment notice bourd (all the rules & regs could be read at any time on the bourd) with my name as the member who'd asked for this policy to start from the pre -offer to the member who was to have a second plot.

            That member did come to see me after i'd got this policy started and he said after he'd given it thought and remembering how long he'd waited for his plot, he was in full agreement of the one plot per person.

            Gardening and allotment more than any private gardens should be a place of pure pleasure, and a place thats nice to go to (a place you could take your elderly old folk to) without the fear of people swearing at the top of their voices, or other members taking advatage of whats not theirs,(fence moving to enlarge their plot)
            I both really enjoyed my time on the allotment "both sad & happy" and it really was a very sad day the day we had our last bacon toasty and a mug of coffee and said our goodbyes.
            Regards Moonraker
             
          • Phil A

            Phil A Guest

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            Moderators Note : Steve is only asking you to address one issue Moonraker.

            Kindly deal with this one so we can get back to normal please.
             
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            • Steve R

              Steve R Soil Furtler

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              I'm afraid I cannot let it rest as you put it, you have called me a bully and a rulebreaker and for that I expect an apology or a retraction of those words from you as they are simply not true.

              After having to go through this ordeal and finally get a resolution, then a completion...you come along and insult me whether by accident or not.

              Steve
               
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