WDC and LAWRIE TRILL
Wealden's chief enforcement officer wrote: remove your tractor within 10 days or we will do it for you and bill you for the cost of doing it. This is exactly what happened to Brian Goodacre. Instead of prosecuting Brian, Wealden denied him his right to a fair hearing in a Magistrates Court. Wealden took that decision for the Magistrates, so bypassing the Human Rights Act.
Though the letter was unlawful, Wealden's chief enforcement officer thought Mr Trill would be frightened into moving his tractor and score a cheap victory. This type of letter could very well be described as Harassment, in itself a criminal matter.
However, the Farmers Union also knew Mr Trill was entitled to a fair hearing and wrote to this Council to remind them. The County Estates Surveyor had written to the same enforcement officer to tell him his tractor was reasonably required on the land he occupied.
The point here is that this council knew it was acting unlawfully in this case and it knew it was acting unlawfully concerning Brian Goodacre and John Hoath. Did it stop these bullies - not on your life. So it's up to use to show you, the public, where this council are routinely abusing our rights.
Should officers from Wealden turn up on your doorstep to do something you know is unlawful, call the Police. Demand to see the officers written authorisation - the one authorised behind closed doors in breach of Article 6. If possible film the event as evidence for the Court and keep a record of how many visits the officers make at public expense. Misuse of public authority is a criminal offence much as failing to do ones duty (as in ensure everyone has a fair hearing) is also an offence as per R v Dytham 1979.
If you are threatened with direct action following the issue of an enforcement notice and you know you have a case, write to every member of the relevant planning committee and your MP to complain and put them on Notice. Every council member is charged with keeping their officers in check: see councillor's behaving badly.
If you are an officer in the employ of Wealden District Council and you hear officers advising members to break the law, why not blow the whistle. It can't be held against you and it may save an innocent member of the public from yet further harassment and abuse.
THIS SITE CONTAINS MANY EXAMPLES OF THIS COUNCIL'S UNREASONABLE BEHAVIOUR - With thanks to Action Groups across the country for the supply of real case history and supporting documents. *THAT THE PUBLIC MAY KNOW*
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