my own Countdown

[Headfry]

Good luck AP!

[Rhona]

I wasn't around when you posted previously on this, and have just brought myself up to speed. Good luck this morning - quite a daunting process you're going through. Will look out for your news after the hearing.

[Aberdeenplotter]

cheers guys ~

[Bigmallly]

Is it next Thurs AP or today?.........good luck either way.

[Aberdeenplotter]

next week matey

[veggiechicken]

My fault, AP Thought it was today I never know what day of the week it is, let alone the date...........
Good Luck for next week then

[Feral007]

Good Luck next week then AP!

[Aberdeenplotter]

Luck doesn't come in to it guys. This is about what is fair and right. If increasing rent by 80% followed by a further 72% is fair then I am Chinese. If our government says a local authority is not entitled to collect rent under regulations that have not been confirmed at government level and our Council admits it has had no regulations so confirmed I should be home and dry. My problem will be convincing the Sheriff that when the Council set(synonym of regulate) its rent, it made a regulation that required to be confirmed at government level to give it legal force. Our law say that regulations not so confirmed shall be of no force. The word regulations is undefined in the legislation and I say it should be interpreted according to its literal ordinary and natural meaning. i.e any kind of rule or regulation. Council says it means only the type of regulation known as secondary legislation. However as I said, if regulations that have not been confirmed have no force, they are not the kind known as secondary legislation. Confused? you will be . I've had 4years to get my head round it.

[veggiechicken]

You're right, of course, AP. you're not relying on luck but on the strength (or weakness) of the "law" and its interpretation.
So I wish you a fair hearing and a judgement in your favour - and that this is decided next week and doesn't drag on for another 4 years

[Bigmallly]

Likewise AP, you've obviously put a lot of thought & hard work into this so here's hoping for the correct outcome........Not good luck but fingers crossed.

[Aberdeenplotter]

Sorry BM, missed your last post on this.

Back in Court next Thursday morning at 10.00am. Written arguments and answers compiled and forwarded to the Council solicitor and should have been lodged in Court by the 6th but Council solicitor has yet to consider and respond. I'm as confident as ever.

Right guys, City Solicitor has considered and responded and in return, I have considered and responded. Took me all day Sunday and all day today. I had 32 A4 pages of hand written responses to type up so you can imagine the complexity.

Brilliant news though is that Aberdeen Council has now admitted that the Unfair terms in Consumer Contracts Regulations apply to their allotments Conditions of let letters. That means that the conditions contained within these Conditions of let letters can be interpreted in the manner most beneficial to me as a consumer. The Council's case has been founded on two of these conditions and additionally, a term in a consumer contract does not need to be unfair or have been used unfairly to be deemed unfair. It just needs to have the potential to be used unfairly. Both of the terms on which the Council has founded its case have the potential to be used unfairly. An unfair term is not binding on a consumer.

Not out of the woods yet but a huge step forward.

[veggiechicken]

Fantastic news, AP The flaws in their case are coming to the surface and cracking it apart!
BTW You need a Secretary but I'm not volunteering - I'm merely a two finger typist!

[lottie dolly]

well done thus far,what a head ache you must have,you will come out with your head held high,

[Aberdeenplotter]

me too. One on each hand, my thumb for the space bar and the side of my knuckle for the enter key. . Seriously though, my typing skills aren't too bad. Never tried to judge how many words per minute. Best not, probably embarrassing

[Aberdeenplotter]

well done thus far,what a head ache you must have,you will come out with your head held high,

My head will be held high however it pans out. I haven't done this for the hell of it. My objective all along has been to make sure we never have the same sort of assault on our local allotment holders ever again and to make sure there are official regulations in place which have been confirmed by the Scottish Government which will achieve that objective. An agreement to tie allotment rents to the RPI or the CPI would be brilliant but getting a fair starting point is necessary as a first step. But ---- Thursday first. I think there will be yet another adjournment but I'm as hopeful as I have ever been it is going to come out right. Not having to fight with the Sheriff to convince him about the Unfair Terms legislation is a massive boost