Battle to keep allotment

[Aberdeenplotter]

Formally intimated to the Court today that I will be defending the Court Action brought against me. I've put the very minimum into Court but the arguments I have used are three pronged and designed to not just give me belt and braces but yet another set of braces. I'm trying not to become over confident but I'm still not crapping myself.

One sheet with three preliminary pleas, two supplementary notes, one of which was a full a4 sheet, six separate appendices or was it seven? and six productions as evidence. The three preliminary pleas all are with a view to showing that the Court Action is not competent because it is founded on spurious grounds

Quite chuffed with myself for getting to this stage but I'd never make any money at it. Gone through two reams of paper and two black printer cartridges and it's taken days and days to get it to a standard I'm happy with it.

[donnakebab]

When is the great day AP? It's a pity we can't organise a few coach loads of us to go up there and wave some banners for you.

Somebody should make a mini series about this.

[Aberdeenplotter]

It's down to be heard on 29th March Donna. I hope it gets beyond mini series. It needs to be imprinted on the minds of those managing local authority allotments for ever or at least until the law is changed and renders the present laws obsolete.

[Aberdeenplotter]

On learning that our Local Authorities require to have a Regulation(that has been confirmed by the Scottish Ministers) that defines the the Notices that they may issue in connection with the letting of their allotments and knowing our Council admits to not having made any regulations, The Council's Court Action whichis founded amongst other things on a Notice To Quit seems to be in some jeopardy. I've amended my preliminary pleas which you can now all have a look at.(I hope).

I tried uploading a word 2007 .docx file which didn't happen, saved as a word 2003 -07 .doc file which was too big and finally zipped it and uploaded. Fingers crossed it works

Edit note, the text in red shows the additions to the original pleas and was coloured so that the Council Solicitor could easily identify the changes. The copy lodged in court was not so coloured.

[VirginVegGrower]

I hope they don't look for your supporting documents here AP, or have they already been submitted to court? Forgive me as I don't know the process. If you're hoping to slam them with this, then I suggest keeping your powder dry. Not being a killjoy, but just want you to have the best chance and win!

[Aberdeenplotter]

It went into Court this morning and copies have been sent to the Council Solicitor. I have to produce my stuff by 15th March even although the case doesn't call in Court until the 29th. Slamming them (as you put it) now should hopefully result in the Council withdrawing before we get as far as Court.

[VirginVegGrower]

Aww good, it was just a thought I had. Don't want to give them a head start now! best of luck with it and I shall be thinking of you should you end up there on the 29th. Fingers crossed and all that.

[Dom2599]

Good Luck AP, hopefully they'll pull out before it gets anywhere near a court room

[rustylady]

It went into Court this morning and copies have been sent to the Council Solicitor. I have to produce my stuff by 15th March even although the case doesn't call in Court until the 29th. Slamming them (as you put it) now should hopefully result in the Council withdrawing before we get as far as Court.

And hopefully giving you compensation for the time and effort you have put into this.

[Aberdeenplotter]

Rusty ,I have counter claimed for that but I'm told my claim is likely to be thrown out because it is lacking in specification. I could be specific and say I've been f*@*@d about for three and a half years but somehow I don't think that will carry much weight.

[SarzWix]

What news AP? Have I missed you posting about this somewhere else? Or were you adjourned/postponed?

[Bigmallly]

What news AP? Have I missed you posting about this somewhere else? Or were you adjourned/postponed?

Here you are Sarz.

http://www.growfruitandveg.co.uk/gra...own_64035.html

[SarzWix]

Cheers BM Somebody else is in a battle with their council over rent, and I couldn't find the follow up to this thread for them

[Aberdeenplotter]

Cheers BM Somebody else is in a battle with their council over rent, and I couldn't find the follow up to this thread for them

Hi Sarz, the case was adjourned until 17th May for a debate as to the meaning of the law contained within section 6(1) Allotments(Scotland)Act 1892.

The bit causing Aberdeen City Council a problem is this "the local authority may from time to time make, revoke, and vary such regulations as appear to be necessary or proper for regulating the letting of allotments under this Act"

Aberdeen City Council says it can choose whether or not to make Regulations (which they have interpreted as meaning formal Regulations) and say they have made none.
I say they have made simple regulations including a regulation for rent.


I say the word is not defined in the Act and in that case the law should be interpreted according to the literal ordinary and natural meaning of the word. The word regulation is defined in the Oxford English Dictionary as 'a rule made and maintained by an authority'. The rent is undoubtedly regulated as a result of the Council setting(synonym of regulate) a rent.

The import is that section 6(1) also says ' Provided also, that all regulations made under this section shall not be of any force unless and until they have been confirmed by the Secretary for Scotland, after such publication and inquiry, and with such modifications (if any) as the said Secretary shall determine.'

Aberdeen City Council has had no regulations formally confirmed.

The Scottish Finance Minister has already confirmed that local authorities are not entitled to collect rent for allotments under regulations that have not been confirmed.


I have counter claimed for return of rents improperly collected.

Getting back to having regulations made and confirmed, the process includes full public consultation. A recent consultation about a city centre park cost over £30k So it will cost a Council which admitted at the time it increased our rents by 80% to being a snowstorm away from bankruptcy and there will be no rent incoming in the interim and they will have to refund all allotment holders.

All this because they refused to make a half plot rent half the rent they set for a full plot. Instead, they increased the full plot rent by a further 72% so that it then became twice the rent for a half plot.

I'll stop for breath now .

[Aberdeenplotter]

Important note.

Scots allotments law is different from English.