my own Countdown

[lottie dolly]

you are very brave and dedicated to what your doing,i don't say much,but i do read all about your good work,and admire what your doing,may the best man win,YOU WILL,from what i have read,they not got any legs to stand on,we will all be behind you in that court room

[veggiechicken]

Don't think in terms of three sleeps until the court hearing - think 3 sleeps to Victory!! We know you can do it. All you have to do is let us know the time of the party!

[Aberdeenplotter]

Thank You LD. Some say I'm stupid to think that a little man can succesfully challenge the juggernaut of a local Council.

Bit of a quandary with the rabbit thing. Perhaps not good to show the dead beast. No problems with the rat carcase, it was just there, I didn't cause it to die.

[veggiechicken]

I think the rabbit carcase may be a step too far personally - a bit too emotive. Photos of rabbit burrows and damage is different.

[Aberdeenplotter]

My better half's thoughts as well. She is never wrong

[donnakebab]

Did you eat the rabbit by any chance? Or are you going to?

I'm drooling now.

[Aberdeenplotter]

wasn't big enough to eat. It's the little ones that do most damage too. They just graze everything off at ground level.

[Aberdeenplotter]

Okies, now 2 sleeps to victory!! It's not in my nature to be cocky but I am confident.

Our law allows local authorities to give themselves all the legal authority they want or need by making regulations and having them confirmed by the Scottish Ministers. Our Council has made Regulations(but denies doing so) but has neglected to have them confirmed as required and so has no legal authority.

One of my key defences is that the Council's Court Action is founded on a Notice to quit. Our law says that a Council may make regulations 'that define the Notices to be given for the letting thereof'

Our Council has not even made a Regulation that defines the notices that may be given never mind having had it ratified.

What is abundantly clear is that allotment tenants are entitled to be able to make themselves familiar with the rules and notices with which they are required to comply and Councils are required 'to make them known' . Of course, as already said, our Council says it hasn't made regulations which is codswallop.(wonder what the legal term for codswallop is)


This Court Action won't resolve the rent issue but if/when I win, it will take it back to the drawing board and we will at least have a chance of having a fair rent established for the use of land for allotments which is all I sought in the first place.

[CaroltheCarrot]

Best of luck AP (not that you will need it)

[Aberdeenplotter]

Remember, when they increased the rents, a half plot was set at �34.30and a full plot at �50. I asked that half plots be set at �25 but the Council increased the full plot rent instead.

Don't know if I have mentioned previously but in2006 our Council issued a consultation document titled "Proposed Allotments Action Plan" In the Aims of that document, there is a clear statement that the Council set out to sell surplus allotments with the intention of retaining only 25% within the allotments section and to use the balance for other purposes. That is in black and white. This was after selling a site for �685K a sum later found by an Audit Commission Report to be �2.25million pounds less than its true worth.

The Finance Convenor in a recent newspaper interview stated that the Council was on the verge of bankruptcy at the time of the Council budget meeting when our rents were increased. He even said the Council was a snowstorm away from bankruptcy.

They increased rents to try to create surplus capacity so they could sell allotment sites and unlock the capital tied up in them.

The Court has been made aware and the documents included the newspaper interview lodged as evidence.

[veggiechicken]

Okies, now 2 sleeps to victory!! It's not in my nature to be cocky but I am confident.

That's my boy!!!

[VirginVegGrower]

Go for it AP and in the true spirit of "knowing your onions" we are all "rooting for you!"

[donnakebab]

Hey AP. A word from Mr. R Kipling.

If you can keep your head when all about you
Are losing theirs and blaming it on you;
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don't deal in lies,
Or being hated, don't give way to hating,
And yet don't look too good, nor talk too wise:

....If you can talk with crowds and keep your virtue,
Or walk with kings -- nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds' worth of distance run --
Yours is the Earth and everything that's in it,
And -- which is more -- you'll be a Man, my son!

You get the jist.

[Aberdeenplotter]

Got it

Meeting leader of ruling body on the Council this afternoon. Don't know what will come of that if anything. City solicitor in touch with me yesterday - 2 days before hearing - to ask forcopies of my productions as Court wouldn't let her copy them from what I have lodged at this late stage. I did co-operate but it was a lot of work.

Only one sleep to victory or bankruptcy.

[veggiechicken]

Good luck this afternoon, AP. Sounds like you have them on the run.
One sleep to VICTORY - anything else need not concern you