my own Countdown

[Aberdeenplotter]

I do agree with the sentiment. Aberdeen Council has recently made a submission to the consultation process for a proposed Community Empowerment and Renewal billon the subject of allotments. The point of their submission? They would like the law changed to make things clearer. As an example, they say what exactly is a regulation relating to the management of allotments. What is the main argument about in the Court Action? You don't need to be a genius to guess.

They could have taken Counsel's opinion to find out. Instead they put a poor allotment holder through the wringer in a Court Action.

[snohare]

I don't wish you luck Frank, I wish you the justice you deserve...
Officialdom - they fairly believe in putting folk on roller coaster rides, don't they - and not much in the way of safety harnesses !

[Aberdeenplotter]

Thanks Kenny. Believe it or not, this comes back to the European Convention of Human Rights and the right of every individual to be heard in connection with any matter affecting them. It was that convention that spawned the Unfair Terms in Consumer Contracts Regulations1999. It is very powerfullegislation heavily slanted in favour of the consumer. We were totally excluded from the process and if the Council's rent increase clause permits that I should be safe. The Council's Solicitor has argued Iwasn't entitled to have any say in the matter so their clause doesn't just have the potential to be used unfairly, it has been used unfairly. Just the small matter of convincing the Sheriff Principal.

[Aberdeenplotter]

right guys, 11.00 am tomorrow so fingers crossed, legs crossed, everything elsed crossed and I'm still not trusting to luck.

Out of interest, those of you who followed Alex Mullin's battle with Eastleigh Council will remember he came out on top in court. However, the Council appealed and won the appeal. That dispute is moving upwards though because Alex Mullins has been granted judicial review. A date is awaited for that.

my main arguments are centred on section 6(1) Allotments(Scotland)Act 1892 and The unfair Terms in Consumer Contracts Regulations 1999 both of which provide that unconfirmed regulations and unfair terms be treated as either having no force or not being binding on me so there is no need to set anything aside or reduce decisions in my case. Judicial Review is therefore not the road I need to go down.

I hope Alex Mullins wins his case. It's really important to you guys down south as it relies on the Harwood case as precedent..

[rustylady]

Everything crossed here for you AP.

[Aberdeenplotter]

eeeek, his Judicial Review was dismissed because it was out of time. However, allotment rents in Eastleigh are apparently now linked to the rate of increase to the other recreational facilities so future increases have been pegged. That is at least a result of sorts.

EastleighAllotmentsMain

[lottie dolly]

Thought are with you for tomoz AP

[veggiechicken]

Tell the judge that if he doesn't find in your favour, he will experience "The Grapes of Wrath" You can do it AP, I feel it in my water

[bearded bloke]

Trusting you will get the outcome that is so richly deserved after all the work that you have put in,but all bits will be crossed on the morrow bud as an added precaution

[julesapple]

What BB said, And some. Good luck bud!


Sorry VC, don't believe for one minute you're only drinking water......

[snohare]

Tell the judge that if he doesn't find in your favour, he will experience "The Grapes of Wrath" You can do it AP, I feel it in my water

Of course, if Frank loses and we kick up a fuss, people will just put it down to sour grapes...

[Feral007]

Not to worry AP however sour the grapes are I will be making wine out of them

I've me eyes crossed for you and meself, I'm not crossing anythiing else tho because it wouldn't be safe while I'm swinging a pick axe, but you can rest assured that my face with eyes x'd is enough to frighten any judge.

[Feral007]

Not to worry AP however sour the grapes are I will be making wine out of them

I've me eyes crossed for you and meself, I'm not crossing anythiing else tho because it wouldn't be safe while I'm swinging a pick axe, but you can rest assured that my face with eyes x'd is enough to frighten any judge.

[veggiechicken]

Thinking of you today Ap I have my " I know that Ap is right" T-shirt on and a banner draped across my front..............door

[Aberdeenplotter]

thank you missus, I know I'm right, it's convincing the Sheriff.

Woke in the middle of the night, flash of inspiration, thought, I'll do that in the morning. forgot what it was. I did remember after, it was to check the date of a legal text book and compare that with date with a case I have referred to as precedent. didn't help.

No Worries, it would just have beenanother belt to add to the belt and braces.

I'm washed and brushed. Just to get dressed and get ready to leave to be there for 11.00am. If I have to post later asking for contributions to pay the Council's expenses, you'll know I lost.

Not sure if the jusgement will be made today. May take the Sheriff Principal a while to consider everything.