CPO Law and human right

Hi all

Can anyone tell me if the Goverment made recomendations on how councils should use CPO laws.

I had my shop compulsory purchased in 2004 and due to the type on shop it was have been unable to relocate. The council throughout the process have been hostile, failed to return calls, canceled meetings without reason.

My first Chartered Surveyor told me he was having the same problems with communication as me and told me that for the small amount he would be paid it was not worth his time.

I am severely dyslexic and my only form of communication is verbal. The council at one stage ignored my phone calls, around 40 over a period of three months.

They made an offer for £20,000 to relocate, but when we had to close because there were no suitable shops to move into this was withdrawn and I stand to get nothing.

Having read up on the land tribunal my case will be weak because I have done all my own book keeping and accounts and I have no written records to prove my efforts to relocate.

I believe my only hope is to fight it on the grounds of the Disability Discrimination Act 2005.

Can anyone give me any advise or help (apart from give up) thanks mike

rollover said:

Hi all

Can anyone tell me if the Goverment made recomendations on how councils should use cpo laws. I had my shop conpusary purchased in 2004 and due to the type on shop it was have been unable to relocate. The council throughout the process have been hostile, failed to return calls, cancelded meetings without reason.

My first Chartered Surveyor told me he was having the same problems with comunication as me and told me that for the small amount he would be paid it was not werth his time.

I am surverly dyslexic and my only form of comuication is verbal. The council at one stage ignored my phone calls, around 40 over a period of three months.

They made an offer for £20000 to relocate, but when we had to close because there were no suitable shops to move into this was withdraw and I stand to get nothing. Having read up on the land tribueral my case will be week because I have done all my own book keeping and accounts and I have no written records to prove my efforts to relocate.

I believe my only hope is to fight it on the grounds of the Disability Discrimination Act 2005.

Can anyone give me any advise or help (apart from give up) thanks mike

Click to expand...

You say due to the type of shop it was you were unable to relocate. Did you contact all your local auctioneers to see if they had suitable or comparable premises available ? Your local newspapers will have records of premises advertised locally in 2004.

If you done your own book keeping and accounts...if the government found this acceptable when you were paying your tax then that will count for a lot as regards that point when arguing your cpo case. There is no law against doing your own accounts + paying taxes accordingly.

As regards the council ignoring you, that does not surprise me. In the case I know of, they ignored sereral registered letters...and they got away with it. Yet if you ignored the letters they sent you about the cpo they would use that against you.

If you are genuine, p.m. me , as I am hoping to get the gross unfairness / corruption in the cpo process highlighted in the media.

Hi Rabbit

I am going to alow my present CS to egsorst all of his options, and as you say go to the media.

My shop was a cycle shop specailising in mountain bikes (the thing goverment are pushing), we took kids out on ride twice a week that would be trouble with nothing to do. I have a psychological Assessment that legaly states of my dyslexic disability. The local council employed our cycle macamic that forced to finaly close.

How politicaly uncorrect do the council want to be.

I found a paper you mite want to read "Law, Legal Struggle and Urban Regeneration: Rethinking the Relationship". htt://usj.sagepub.com It is a studdy in 1999 that proof the cpo law is just wrong.

I am as strairt as a die, and like you find CPO Law just corrupt. We looked at every shop that cane on the market and the council agreed none were suitable. They said "I simply refuse to believe you could not relocate" and reminded me that the berdon of prouf is apon me.

Hi Rollover,

Regarding their argument re. relocation, you could have a case. For example, if you were located in a town which simply did not have a suitable premises available during the period in question....if this was the case you could have asked them to show you examples of premises available then ( in 2004 I think you said ). There are certain areas and towns which did not have commercial premises available to rent in the boom days of 2004 ( it is not relevant and does not matter if ,after the building over the past 3 or 4 years , its possible to acquire premises now, in 2008 ). You are arguing for extingushment of your business. You are entitled to three years profits. Get a decent solicitor, but in my experience few will want to rock the boat / damage their cosy relationship with the other sides solicitor.
Try to get everything in writing. The council did not want to put anything in writing and there is a reason for that. Time has proven they broke most of their verbal promises. They would argue black was white. Did you own the property which was cpo'd ? If so, you could have lost even more than you have already.
Did the solicitor or valuer for the local authority look for goods "on the cheap" , or work done, before you closed ...or was either ever heard to utter politically incorrect statements about minorities etc ? Like in the case I know of though, its very hard to prove. There is a lot rotten in the CPO process. I hope one day even half of it reaches the national media.

Hi Rabbit

The problem I have is the council settled most of the cpo's on the site. A sub contract legal ferm were left to tidy up a small row of shops, the Chart Serv under estermated the cost to do that, eg shop next to me, rented the shop and worked two days a week engraving trophies they came to boared up the shop not knowing he exsisted £25000 it cost because he was 60 year of age.

He is trying to save face at cost to me.

In four years I have manedge a six minute coversation with this man while he was driving home from work on a Friday night. In that time he bosted that he was being paid £5 a minute for his time on the cpo.

It took me six years to build a shop up, and he will get paid more for one minute of his time than my six years. It is behond believe.

Rollover am I correct in surmising that you are based in the UK? You have quoted UK-specific legislation and amounts in sterling.

Did you realise that this is an Irish site and that the legalities in and around CPOs and other issues may be at variance with laws where you are based and it may be difficult for anyone to offer you useful guidance?

Your situation and having to deal with the faceless bureaucrats sounds daunting. I empathise.

I did realise there was a lot of Irish on hear, but did not realise it was an Irish site or (like you say the vast differance between us) I put cpo in to google and ended up here there is very little on cpo law so I am clutching at straws a bit.

I is good to just have a winge with someone that understands how bad this is.

Hello Irland

rollover said:

...Hello Irland

Click to expand...

I hope thats not nil points there, rollover!

Feel free to whinge or gripe away, my concern is that pointers for help or support for you may be scarce.

I,m flogging a dead horse anyway I think, I think human rights is mostly Uropean so the same rules may apply.

This is a good site, how are thing over there, are they slowing down a bit now.

mike

Slowing down is right. The Celtic Tiger is becoming a bit of a dead donkey, to continue the animal analogies, in certain sectors. Property sales slowing down, building trades being laid off, car sales down, health sector in on-going growing series of crises, cost-of living going up, politicians and public servants get big paydays and bonuses, so business as usual then!

rollover said:

Hi Rabbit

The problem I have is the council settled most of the cpo's on the site.

Click to expand...

You should not give up. If the council forced you out of business and took your property they should pay. From what I heard, the law in the UK is reasonably fair, and you should have a fair case. Unfortunately I suppose you get corrupt officials, officials who want bribes, and officials who may have racist or sectarian opinions anywhere...as we know only too well in this part of the world. ( I assume most people are basically honest ). The annoying thing is seeing the people who scratch the surface at the tribunals becoming millionaires at the taxpayers expense.

Hi

I had to google the celtic tiger/ nacked donkey. Our building trade is dead, it has the hole of europe at is disposal now at minimum wage.

I do not think these people are dishonest, they have just started to beleive they are werth £5 a minute. Because of the complexity these little shops, in order for him to the job in the way that the cpo law expect it is being done, he would have to spend two or three days on each case instead of the 20 minute that he is trying to get away with.

I tried to pay my charted servayer at are last meeting, he waved his fea knowing full well that I a do not stand a chance of winning and said "you would pass out if I told you my hourly rate".

Law has got to the stage now that it cannot aford to it job, unless insurance is paying the bill.

I am waiting for the day when a free program with you sunday papers replaces them.

I wrote to MP today "that's a first", time will tell. Local paper nexst.

Sorry to her thing are a bit ruff. I think the good thing about being Irish is you can go and work anywere, the hole world love you. We are just about hated every were now apart from Malta .