Tony Barnett advises Annabel Grech to refuse to pay, ignore approaches and demands for payment, ask for evidence that gives them rights to demand, to erect signs, to give consent to cyclist, and most of all demand access to the public liability certificate, itemizing the routes for one to travel along, as I suspect, this is common land, there will not be any insurance, access is not through invitation, access is by one's own choice, hence no insurance cover.

Says Tony Barnett

The only impediment on common land is when there has been a new plantation of whips, then it is allowed for that area to be fenced in.

Most if not all forestry land is requisitioned common land for the producing of timber, but this does not remove lawful access or commoners rights where the land is common land, but did not become registered and remains land capable of rights of common, whether used by the commoners or not, it will not become extinguished and will remain open access, other lands not being common land, but could be open access lands, or the requisition of private land,and all rights of access that have been gained through ancestral use and on the definitive plan and statement, cannot be denied you by the commission, and certainly cannot demand a tol.

The requisition is similar to the requsition the war department may do, that requisition gives the government power to suspend all activities, but gives no power to agist, this is the same for the commission, to refuse to pay, is not unlawful, any action will be civil, there application for full disclosure to the courts as is shown in article 6, human rights act is your footpath to travel.

Refuse to pay, ignore approaches and demands for payment, ask for evidence that gives them rights to demand, to erect signs, to give consent to cyclist, and most of all demand access to the public liability certificate, itemizing the routes for one to travel along, as I suspect, this is common land, there will not be any insurance, access is not through invitation, access is by one's own choice, hence no insurance cover.

Most people that ride Alice Holt common land forestry, since contacting Horseytalk do not pay and tell the BHS member acting as the access person to go away.

I have today spoken to an officer at Wareham concerning the toll.

He has been left in no doubt that the actions of regulations are unlawful and consist of false representation (2006 fraud act), I have also informed that person and the head office that horse riders are allowed on the ancient access points and that mechanically and motor propelled vehicles are banned from common land.

There is a belief at FC, that as the land is subject to acquisition by the Crown/SOT for the purpose of producing timber, allows the commission/officers to agist, it cannot, a commoner or Lord of the Manor is not allowed to agist.

There is the rights held by horse riders to allege harassment under section 5 of the public order act, when payment/tol is demanded, there is also section 41 of the 2006 act, my advice is that no tol should be paid and challenge the impostors to take you to the civil courts.

Annabel Grech replies

"I will continue to ride through Wareham Forest and will not purchase the £50 permit as requested by the officer."

Says Annabel Grech

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