Originally posted by Aberdeenplotter
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Just caught up with this AP.
Typical local authority having holes in its own procedures yet still trying to enforce them. To a very small degree, I can see why the council had tried to recoup some extra bucks from all of its service users, but the manner of doing so with a huge increase followed by another is z draconian measure.
Good on you for taking the fight to them
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Brilliant.....well done and good luck........barrister training next........
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p.s. The 1892 act really ties the Council to the general provision so the 1985 act is in play.
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seriously folks though, this could still go badly wrong. Although I'm really happy with how the day went.
On the amusing side, I used an argument put forward by the Council Solicitor thus.
I had said I wanted to rely on a 1985 act. Council said the 1922 act had not been repealed and was an act specific to allotments and 1985 act was general and thus the earlier act was the one which took precedence. She quoted from a textbook she had lodged in court..This was at a previous hearing. Today I said the 1892 Act had not been repealed, the 1922 act was a general act dealing with the right to recover possession and the provision in the 1892 act was specific to recovery of possession. I used the same quotation from her text book. I did enjoy that.
Keep everything crossed guys.Last edited by Aberdeenplotter; 18-02-2013, 05:43 PM.
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Shortly I hope but waiting for a date.Originally posted by veggiechicken View PostPhew, Ap. You had me worried - but I'm smiling again now.
When are you back on parade?
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p.s. Sheriff did say as things stand, he is finding in my favour because of the termination notice issue and all he will hear representations on next time is the notice.
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Phew, Ap. You had me worried - but I'm smiling again now.
When are you back on parade?
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Still hanging in there, Appeal hearing continued. Sheriff has concluded the termination notice is flawed but has given city solicitor time to go research the law. He wants to get it right as he thinks it may go further, i.e. to the Court of Session and of course it affects an awful lot of folk not just here in Scotland.
Most hopeful day so far. Sheriff has said he will pronounce on the issue of regulations and on unfair terms.
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