Tue Dec 14, 2010 10:48 am
Tue Dec 14, 2010 10:58 am
Tue Dec 14, 2010 11:07 am
Tue Dec 14, 2010 11:08 am
Tue Dec 14, 2010 11:09 am
Tue Dec 14, 2010 11:33 am
Casual wrote:Dont worry just found web link
Tue Dec 14, 2010 11:54 am
Daya wrote:Casual wrote:Dont worry just found web link
whats the link mate wouldnt mind reading that
Tue Dec 14, 2010 12:02 pm
Daya wrote:What is it with the human race these days? It's certainly not the season of goodwill for this little old lady and her 63 year old husband and the hands of this bully boy Farmer idiot, This is what I received yesterday,
Dear Steve,
I am really very sorry to have to advise that I cannot come to collect Cassie today for her grooming appointment but I will be back in touch to re-arrange as soon as I possibly can I promise!
You know I have never let you down and 'just not turned up' before and we have always provided our very best service to you and Ruth at all times.
Unfortunately, right at this moment, Byron and I are experiencing dreadful and traumatic problems which have affected our business and health. I have attached a letter which we have been forced to send to those clients of ours that were involved in proceedings at the time it all kicked off at the start of November, and ongoing to the grooming customers we've been forced to cancel since then.
On reading its content I am hoping you will be able to appreciate the severity of the situation we have been plunged in to through no fault of our own.
My final comments before you read the attachment are that, we have never been the sort of people to do wrong by anybody......and how this man can live with his conscience, knowing that he is crippling two people's lives for no good reason is beyond the comprehension of us and just about everyone we have spoken to, legal professionals included! But the Law is on his side!
Anyway, if you could just bear with us and read the attachment, we would be so grateful. Thank you.
Kindest regards and hugs to little Cassie. Byron says up the Bluebirds!
Maria & Byron @ Allbreeds
http://www.allbreedsgrooming.co.uk
............................................................................................
9th December 2010
Dear
Bullied into closure of Boarding Kennel Business
by local Farmers – Grooming Salon to be re-located;
Firstly, and importantly, if you have a Boarding booking with us for the remainder of 2010
or into 2011, we are being forced to cancel this and attach a cheque in full refund of any
deposit you have paid.
We fully appreciate this news will come as a shock and disappointment to you,
and we would deeply appreciate the chance to explain what has happened;
Allbreeds has been served legal notice to cease trading from our home premises forthwith.
This has been served on us via the Lawyers of the Farmer(s) who live within the vicinity
of our cottage. There had been no warning of this action which arrived out of the blue
early in November and came as a devastating shock to Byron and myself.
Those clients who learned that I collapsed a couple of weeks ago and am now on
medication for shock and stress….. you now know the reason why!
Initially we believed there must be some dreadful mistake and instructed Solicitors to
contact the farmer’s Lawyer. The following information appears to be the reason why he
has taken this action against us:-
Byron and I bought our home 23 years ago as a Freehold property and have lived here
without any particular trouble until now. Although many years ago we did encounter
some difficulties with the very same farmer as he can be an extremely unpleasant
person on occasion. The matter has long since been forgotten by us, but given what
he’s now done to us we question whether his actions are purely vindictive? And he
appears to have declared this in his most recent legal letter to us, his justifications
have absolutely no bearing on the business and appear to be directed at us in general!
His accusations are a fabrication of the real truth.
In any event, it appears our original Solicitor all those years ago failed negligently
to advise us there were ‘Restrictive Covenants’ within the Land Registry documents
of our property. These had been put in place 93 years ago by the Forefathers
of the two Farms either side of our Cottage. The ‘Covenants’ state that our private water
supply may not be used for ‘commercial use’ and indeed, the property was to be used
for a dwelling only, with no business activity whatsoever.
Had we known of these legalities, we would never have opened our business from home.
We have since been informed that our original Solicitor from 23 years ago cannot be held
liable after a period of 12 years for negligent advice, such is the justice in life!
The Farmer(s) apparently have the right to execute their Covenants and in Common
Law in England & Wales can and will prosecute us if we do not cease trading from our
home on demand!
Thus our rights and ability to continue with the wonderful boarding and grooming business
we created here have been entirely wiped out. Understandably, we are devastated
and during the past weeks have frantically fought to find a means of saving our business
our home and livliehood. We have spoken with The Law Society London, our MP,
the House of Commons legal chambers and our Insurers.
We have tried repeatedly to negotiate with the Farmer(s) through our solicitor and in
person on the basis that both Farms have known of our business activities here for the
past 5 years…why suddenly have they taken this action, it doesn’t make logical sense?
What was a perfectly successful and financially healthy business is being forced
to close because this farmer refuses to be reasonable or negotiate! Our Grooming
and Boarding business does not impact on the farm(s) in any way, and does not
cause any problem to them. What we do here doesn’t affect their lives whatsoever!!
We even offered to ‘Buy’ water in a tank on a weekly basis for ever more to continue
with our business, thus we would cease using the domestic supply from their Well for
commercial use.
The one farm’s reply to this, was to demand 23 years ‘back rent’ for the water we have
used! We will find this payment willingly somehow, if only they will let us continue
with our business, but it appears they will not.
We have tried to appeal to the one particular farmer’s humanity and conscience;
This is our only form of income to pay our bills and live. If he forces us to close down
we will ultimately lose our home. At 63 and 50 years of age where on earth will we
find alternative employment or indeed finance another home! He is remorseless in his
stance and has continued to refuse any easement of his actions or to discuss any aspect.
If only he would talk to us rationally and in a mature manner, we feel sure a sensible
compromise could be found. If he would agree to ‘ease’ his legal right of covenant
perhaps for a monthly ‘rent’ to permit us to continue, we would happily pay it if
his figure was manageable on our small petcare business income…most people work from
home nowadays, what harm are we causing to anyone? NONE!
We passionately care for animals, in one of the best facilities in the County, that
we built from scratch!
We therefore assume his actions are borne from spiteful, callous and selfish arrogance!
He’s destroying us, simply because he can! Or perhaps because he has a ‘hidden
Agenda’ possibly wishing to force us into financial ruin, knowing we will lose our home as
a result. Being the type of character he is known to be, I guess this would make him
feel very important indeed within our small community! And what’s utterly horrific about
all this, is there appears to be no way of stopping him legally now that he is aware that he
has a covenant over the land at our cottage.
Given all the legal advice we have now received it has been confirmed that we have
no choice but to comply with the unnecessary and cruel demands of this evil man!
The law states that he is entitled to his ‘ancestral’ rights and can enforce them if he wishes.
The facts that have come to light during our battle is that neither of the farms involved
probably had any more idea than we did about these covenants or they would have come
forward many years ago. It is simply that they have recently discovered their ‘rights’ and
have come at us viciously simply because they have the money and power to do so!
We have been forced to re-locate our grooming salon business to an executive
porta cabin at a local friends livery yard with immediate effect in order to salvage at least
half our business, jobs/income. If your dog is a grooming customer, all we can
hope for is that that you will stay with us, and bear with us, whilst we get the new salon set up.
Byron has worked his fingers to the bone in sub zero temperatures these past 3 weeks
battling to install plumbing and electric and heating. We don’t know whether we are
coming or going and Christmas is cancelled entirely.
It is impossible to relocate the boarding side of the business due to the very high standards
we had achieved here, and because in order to board dogs, we have to be on site 24 hours
a day….our current set up was perfect. It took our life savings and Byron’s redundancy
pay to achieve…all for nothing, destroyed overnight by pathetic and mercenary farmers.
We have lost our investment, and are now in debt for £60,000 which we have no hope
of ever recovering or settling via the original business plan we had!
Both Byron and I can confidently state that we can think of no sane reason why these
people would want to do this to us. Other neighbouring properties and most everyone
we talk to cannot understand why anyone would wantonly destroy two peoples lives
in this malicious manner. It is unnecessary and heartless! We have never been
anything but good neighbours to both farms over the years? And they’ve never complained
about our business activities here over the past 5 years so clearly we were of no interest
to them then…..so what difference does a ‘covenant’ make to them now?
At a time of year when it should be ‘Peace and Goodwill to all Men’ we have been quite
literally bullied out of business with catastrophic repercussions. If you know us both
personally, you will know that we are not the type of people that would ever let you down.
This situation is way beyond our abilities to prevent and we have no funds left for any
further legal assistance.
We are struggling desperately not only to come to terms with the loss of our beautiful
boarding kennels (I simply cannot believe it has been taken from us in this horrible way)
and all the hard work and effort it took us to achieve, but also to find some foothold
to salvage at the very least our grooming business, in order that we may earn some income.
We have had nothing to live on for the last 6 weeks as a result of this man’s bullying
demand to shut us down. I cannot begin to explain to you how we feel at this dreadful
point in our lives and the illness and sleepless nights he is forcing us to suffer.
I fear for Byron’s health because at 63 years of age he just doesn’t need this amount
of stress and worry. We were looking so forward to retiring peacefully doing what we love,
caring for dogs!
We are truly heartbroken to lose your boarding custom and the love and special times we
have shared with your dog. We have come to love all of them as much as our own pets
over the years and are going to miss them dreadfully. Please don’t desert us as a
grooming customer, we are going to need all the help we can get.
God bless.
Maria & Byron Parnell
Established 2006 Proprietors: Maria & Byron Parnell
Tue Dec 14, 2010 12:03 pm
Tue Dec 14, 2010 12:42 pm
Daya wrote:Got you, the farmer in question is some miserable sod called Dai Roberts who drinks in the Red Cow in Tonyrefail.
My personal guess hes trying to force them out and buy the cottage on the cheap.
Tue Dec 14, 2010 1:09 pm
Tue Dec 14, 2010 1:38 pm
Casual wrote:What farm is this on ??
Tue Dec 14, 2010 2:43 pm
Tue Dec 14, 2010 2:43 pm
castleblue wrote:[This farmer sounds like a real tw*t and if I were these people I would ask their Solictor to apply to the Lands Tribunal to remove or modify the covenant. They will have to show grounds why it should be removed / modified I believe there are only 2 grounds but one I'm sure is an imposition on a reasonable user.
I would imagine any appeal to a lands tribunal would result in the suspension of any threatened action by this farmer, again they should check on this, at least it would allow them to continue trading.
Worth asking the question I think.
Tue Dec 14, 2010 2:55 pm
Tue Dec 14, 2010 4:41 pm
Daya wrote:not sure mate to be honest, i'll see if i can find out, the farmers name is Dai Roberts. the farms over the back of the Royal mint somewhere between the mint and tonyrefail.
Tue Dec 14, 2010 9:27 pm
Tue Dec 14, 2010 9:43 pm
Wed Dec 15, 2010 12:44 am
Wed Dec 15, 2010 12:49 am
Wed Dec 15, 2010 9:10 am
Damned Yank wrote:Let me know if they want to get the story some publicity. WM & Echo or something.
Thu Dec 16, 2010 6:16 pm
Thu Dec 16, 2010 6:20 pm
My Opinion And Mine Only wrote:
That would be of my opinion Damned Yank, it's a simple process if the Farmer in question relents on the dated covenant and makes life easier for everyone. There is nothing more better than public knowledge and pressure to solve this issues.
Thu Dec 16, 2010 6:28 pm
Thu Dec 16, 2010 6:29 pm
AJH_90 wrote:My Opinion And Mine Only wrote:
That would be of my opinion Damned Yank, it's a simple process if the Farmer in question relents on the dated covenant and makes life easier for everyone. There is nothing more better than public knowledge and pressure to solve this issues.
Correction, this business was being run without planning permission. Retrospective planning was sought and was refused by RCT. No information regarding any covenants etc. was available to RCT prior to their refusal to grant the planning permission.
Thu Dec 16, 2010 6:36 pm
AJH_90 wrote:My Opinion And Mine Only wrote:
That would be of my opinion Damned Yank, it's a simple process if the Farmer in question relents on the dated covenant and makes life easier for everyone. There is nothing more better than public knowledge and pressure to solve this issues.
Correction, this business was being run without planning permission. Retrospective planning was sought and was refused by RCT. No information regarding any covenants etc. was available to RCT prior to their refusal to grant the planning permission.
Thu Dec 16, 2010 6:36 pm
AJH_90 wrote:My Opinion And Mine Only wrote:
That would be of my opinion Damned Yank, it's a simple process if the Farmer in question relents on the dated covenant and makes life easier for everyone. There is nothing more better than public knowledge and pressure to solve this issues.
Correction, this business was being run without planning permission. Retrospective planning was sought and was refused by RCT. No information regarding any covenants etc. was available to RCT prior to their refusal to grant the planning permission.
Thu Dec 16, 2010 6:38 pm
Gareth (Wilts) wrote:AJH_90 wrote:My Opinion And Mine Only wrote:
That would be of my opinion Damned Yank, it's a simple process if the Farmer in question relents on the dated covenant and makes life easier for everyone. There is nothing more better than public knowledge and pressure to solve this issues.
Correction, this business was being run without planning permission. Retrospective planning was sought and was refused by RCT. No information regarding any covenants etc. was available to RCT prior to their refusal to grant the planning permission.
Hardly crime of the century though is it. Pathetic how this country stops honest people from working and paying their way yet lets drink driving assylum seeking murderers stay in case their human rights are breached.
One word for it
BOLLOCKS
Thu Dec 16, 2010 6:41 pm
Damned Yank wrote:If I were them I would:
1. Get a very good lawyer
2. Tank their water in. I really don't see how he could charge them 'water rent' for the 20 odd years they weren't operating the business - sounds like an empty threat to me, probably after they presented the farmer with a solution that would work in their favour ( scaring said farmer).
3. If all else fails, use country justice.
Thu Dec 16, 2010 6:48 pm