Says Naomi Smith
It is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more
"I have taken up the challenge by council's, courts and "conservationist charities" to prosecute me through the civil law procedure legislation"
Says Tony Barnett
Access used by the public through the centuries, making the access's ancient, and recorded on the statute books/definitive plan and statement,court action is the last act we would wish to use to gain our rights,but the council and charities will prescribe that move to frighten members of the public that protest on the grounds that lawful access is being impeded either on common land or cross country rights of way for walkers and riders.
I have taken up the challenge by council's, courts and "conservationist charities" to prosecute me through the civil law procedure legislation, that is what the acts of removing unlawful impedeiments/works from these ancient rights is, which can be traced back to pre 1189, the acts then are not criminal but civil.
Pre 2006, any application to stop up/block off or to make anyother application where common land and anyother ancient right of way was the subject, went before the Secretary of State, who then dispatched a member with rights of access and conveyance experience to hold public meetings, here evidence from the applicant was required to substantiate his/her claim-s.
I have attended both court and such meetings, the meetings were arranged by me but the court was by invitation, each time the applicants failed when before a circuit judge, whereas before a distrct judge, courtroom fraud was the order of the day, but the judgement given by the district judge was always overturned by the higher court.
The only way to get into court over such matters was through provocation, such as removing gates etc, before 2006 there was no other alternative, the council would not make the order for removal of unlawful works and the district courts would not support members of the public.
2006 however repealed some acts and gave new directions, whereas the rights to "Locus-stan-di" (the rights to stand up in court) was created under section 41 of that act which provides members of the public the rights to apply to the courts for an order to have the unlawful works removed and the area reinstated by the offenders, I warn you now, as the council will be part of the unlawful works either through a blind eye or by themselves claiming ownership and applying to the new system "PINS", as owners, then applying for works/blocking off,stopping up, consents.
PINS, will always give consent unless the objectors can present strong evidence to show false claims have been made, PINS do not require evidence to show ownership, even if evidence was disclosed they are not of the profession of conveyance solicitors and are prohibited from ajudication, so councils,charities, natural England(who were nationlised from english nature) to gain funding from the EU for the government, which is now being fraudulently used as bait for councils and the other afore mentioned to enclose ancient rights of way, the giving of consent always attracts a "supplementary" which means tha providing the works are not in breach of any enactment or bye-law they will be lawful.
"Enactments" false representation, failure to disclose, abuse of office,position, loss and gain.(see the 2006 fraud act) and all of the legislation of the conveyance act and criminal damage act and the 1968 theft act schedule 1.
Now, the afore mentioned will apply for criminal prosecutions, knowing that if they followed the law and applied to civil courts they would lose and be ordered to remove the works and pay court cost's, that is why they claim criminal, each judge must state that the matters are civil and outside hie/her juridiction but will continue with the hearing and give judgemment, this is courtroom fraud and not binding.
Your rights in the county courts are that you are entitled to rights under the European Convention article 6 of the human rights act, which the civil courts will deny, but, any county,crown and magistrates courts decision is not final, your prosecution is civil and therefore the matters are Chancery Issuse and belong in the High Court London, the afore mentioned will issue a discontinuance, they are not able to disclose any lawful documents, actually, I am awaiting my date to appear in the High Court london.
I hope that has put your minds at rest, afterall my involvement in court action is to either to prevent ancient rights being stolen and from others making gain from access rights from common land also,it is not that I want to have to fight for my lawful rights, I will not compromise, neither I or the offenders have locus- stan-di.
Says Linda Wright
We moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more