The "Injustices"

THE

INJUSTICES

"THE WRONGS of

RIGHTS of WAY"

By Alan Bowers

Published by New Generation Publishing in 2021

Copyright © Alan Bowers 2021

First Edition

The author asserts the moral right under the Copyright, Designs and Patents Act 1988 to be identified as the author of this work.

All Rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means without the prior consent of the author, nor be otherwise circulated in any form of binding or cover other than that which it is published and without a similar condition being imposed on the subsequent purchaser.

ISBN

Hardback           978-1-80369-087-2

Ebook                 978-1-80369-088-9

www.newgeneration-publishing.com

My name is Alan Bowers; I was born April 1939 and I am married with two sons.

I was born, educated, and have spent most of my life in Great Britain.

One has always been taught to respect and adhere to the traditions and laws of the land, and like many others I have made mistakes and done things in my life which I have later regretted.

However, I consider myself to be an ordinary law-abiding citizen, willing at all times to assist and help those less fortunate than myself. …There is not a person living, who has not said and done things they later regret, and I have always been willing to give anyone a second chance.

However, as we progress through our lives, we discover there are those who appear to derive pleasure out of causing others much distress and financial harm.

Myself, and my family; and many others have encountered such people regarding Rights of Way issues.

I am not a vindictive man, and do not HATE anyone, (HATE is a terrible word) and feel sorry for anyone who, for whatever reason inflicts distress and hardship upon others for their own gain.

This book reveals the corruption and improper methods used by some people.

Government bodies; Local Authorities; and others who are supposed to be there to protect and advise the general public.

PREFACE

This is the story of one man and many others attempt to obtain Justice regarding Rights of Way which have been imposed up on them and their properties.

Over the past 30 years many people have been subjected to much distress and financial burden while trying to protect their homes and properties from the improper and illegal actions of certain groups and individuals.

Many have experienced life changing experiences; including, loss of properties, crippling financial costs, break up of relationships, mental breakdowns and in some cases suicide.

Despite requesting and receiving assistance from Members of Parliament, Police, Elected members of various authorities, and many learned individuals, we have been unable to penetrate the ring fence set up by the Establishment (Government Departments, Local Authorities, Ombudsman, and parts of the Judicial System).

The reason for their determination to prevent the conspiracy, and unlawfulness being exposed is because of reputational risks, risk of legal action being taken against them and possible payment of compensation.

It is the policy of many Authorities and others, that if they ignore an issue, it will go away, also the costs involved in acting against them. They know most individuals are unable to stand the costs, and eventually give up.

As an individual I have thankfully kept and collated every letter, Email and statement sent and received regarding the issue of Rights of Way since 1989 which are contained in 28 volumes of files and recorded on my computer.

I have therefore, been able to produce and distribute four books revealing the injustice of the whole affair. The books are available to the public from book outlets such as Amazon, Waterstones, and many others.

I also hope to produce a Documentary Film to illustrate the Conspiracy and lawlessness that exists in certain parts of our society regarding Rights of Way

All letters, Email, statements etc. referred to in this document are available.

Picture on front cover shows Alan Bowers with footpath sign. Attached to sign are Council Orders to Extinguish path using Section 118 of the Highways Act. also Orders to stop up path using Section 116 of the Act.

IMPORTANT FACTS TO BE CONSIDERED

Costs to be considered:

Over the past 30 years the costs regarding Footpath 28 to Mr. Bowers and his family are in excess of £200,000 and much distress in the form of court cases, nervous breakdown, criminal record etc.

The costs to local Authorities (Rate payers money) are in the region of many hundreds of thousands of pounds. Despite requests by Mr. Bowers Local Newspapers, and others; Beds. County Council and Central Beds. council refuse to supply any figures. Requests have been made using the

Freedom of Information Act to no avail.

Legal advice etc. is readily available to the Council, but, Mr. Bowers had to obtain and pay for any legal advice. (Legal aid is not available).

CONTENTS

CHAPTER I: This is My Story

CHAPTER II: My Dealings with "Woodfine’s Solicitors and Other Authorities

CHAPTER I

This is My Story

My story begins in 1989 when I purchased a 2-acre field at the front of my house.

The land had previous been a market garden which was owned by a Mr. Cecil Sharp who used to work the land and sell the produce to shops and other retail outlets. He purchased the land in1946 and worked the land with his brother Bernard, they worked the land together from 1946 until 1952 when Cecil bought Bernards share and built a house on the land and continued to work the Market Garden himself.

The picture below (Taken 1982) shows Mr. Sharp collecting the produce of the market garden using his occupational path. The house shown at the rear of the picture was my home at the time.

I purchased the field from Mr. Sharp in 1989 after he had retired.

Before the purchase, my solicitors made searches with the Local Council.

The searches revealed that there were no pipes, wires, or Rights of Way on the property. It also revealed that there was a public right of way (Bridle Path) which ran parallel to the field but some 50 metres to the west of the property leading to Maulden Woods which were at the rear of my house. Copy of searches are in my files.

After a couple of years, I turned market garden into a grassed meadow.

(See pictures below.)

And fenced it of using an electric fence and constructed a wooden shelter to keep horses. I eventually replaced the electric fence with post and rail fencing.

My next-door neighbour Mrs. H. Izzard who had originally owned the property before selling it to Mr. Sharp in 1946 informed me that I could not fence the property off because there was a public footpath going through the property.

My solicitor made enquires and informed me that there was no Public Right of Way on my property, only the Bridleway which ran adjacent to the property some 50 metres away.

In 1992 my next-door neighbour (Mrs. H. Izzard) made an application to Bedfordshire County Council to make a public footpath through the field.

I attended Beds. County Council (BCC) offices in Bedford and was informed by a lady call Zena Collier that they had received the application from Mrs. Izzard, and had interviewed several people recommended by Mrs. Izzard concerning the application. (They never interviewed me or the previous owners). Ms. Collier informed me that the BCC would recommend that a public footpath be made.

She also informed me that the committee responsible for approving the application always went along with their recommendations.

Eventually the council decided to create a footpath through my property. I objected to their decision.

In 1994 I made an application to Mid. Beds. District Council for planning permission to build a new house on the property. This was granted by the Planning Inspectorate.

I sold my house and lived in a mobile home on the property while the new home was being constructed. Officers from BCC were sent to observe the builders who were building the house. I made an appointment to discuss the situation with the Chief Executive of the Council (CEO) (Mr. Clegget) 12noon 10th. October 1995.

The CEO failed to attend although the meeting had been confirmed a few days earlier (no reason given) and I was seen by two officers Glen Kilday, and Zena Collier. They advised me to approach Mid. Beds. District Council (MBDC) to have the footpath extinguished. I made an application to MBDC to have the path extinguished and was advised that they could not extinguish something that did not exist and referred me back to BCC. I met with BCC who informed me that if I agreed the path existed there would be a good chance that the path could be extinguished. I would not agree.

BCC then informed me that they would confirm it as a path so that MBDC could extinguish it.

The BCC had the path confirmed. I met with BCC again 18th. December 1997. The officers present Mr. Kilday and Mr. Tony Alston went at great lengths to explain the procedure on how to apply to MBDC to have the path extinguished and explained it in diagrammatic form. (I still have that piece of paper in my files).

I asked if the BCC would object to the application, they informed me that they would not object. I was also informed by Mr. Kilday that this procedure should solve my problem.

I reapplied to MBDC to have the Footpath extinguished. At a meeting 12th. February 1998 the council agreed to extinguish the path. This was advertised in the local press and received 17 objections. Eight of the objections were from the

Izzard family and their friends the other objectors were from national footpath organisations. The BCC did not object but did inform MBDC that they would not object.

Because of the objections a Public Inquiry was arranged at the offices of MBDC on the 9th. February 1999. The Inquiry was conducted by Mr. B.W. James an Inspector appointed by the Planning Inspectorate. The MBDC was represented by their solicitor Barbara Morris assisted by Planning Officer Frances Fry. The Bedfordshire Police also supported the order as well as other individuals.

The BCC however, attended the Inquiry and objected to the order. The BBC had previously informed MBDC that they would not attend the Inquiry and stated that they would not object. The MBDC solicitor (Barbara Morris) informed the Inquiry that I feel it is necessary to point out that the County Council, during consultation in this mater, confirmed that it had no objection to the Order. In this regard, the Authority appears to have altered its position. She also wished to draw the Inspector’s attention to the comments of the Police Architectural Liaison Officer.

She also states, In conclusion, the Council contends that the confirmation of this order is the only reasonable solution to a difficult and protracted situation which needs to be drawn to a swift conclusion.

However, despite the overwhelming evidence produced at the Inquiry, the Inspector did not confirm the order.

I contacted the Local Government Ombudsman complaining about the BCC, after a long period they informed me that BCC has the right to change their mind.

The BCC summoned me to attend Bedford Magistrates Court 20th. January 2000 charging me of obstructing the footpath with a wall which was at the front of my house. The Council had previously given me permission to construct the wall.

During the same period the Council solicitor wrote to my solicitor accusing me of aggressive behaviour to a female member of their staff and reducing her to tears. This was untrue, and I phoned the County Hall to object, they said they would make enquires. Eventually their solicitor wrote to my solicitor stating that the allegation was untrue and apologised

I attended the court on 20th. January 2000.

NOTE! At the time my youngest son was very ill in Addenbrooks Hospital Cambridge. My wife and I had planned to visit him that day, but I had to attend the Court. (Fortunately, our next-door neighbour attended the hospital with my wife). I had to wait in the court before my case was heard, also waiting were officers from BCC accompanied by their advocate (solicitor). I remember them laughing and joking with each other. I was very concerned about my son in hospital and felt lonely and isolated; I vowed then, that I would never give up trying to obtain JUSTICE.

The BCC solicitor approached me and asked if I intended to plead guilty. I informed him that I would plead not guilty and state my case. He said, (If you are found guilty, we will ask for costs which will amount to a small fortune).

I believe he was trying to intimidate me into pleading guilty.

In the court I pleaded not guilty, I had prepared a very long and informative statement. I gave each of the three magistrates copies of my statement, and a copy to the solicitor presenting the case for BCC.

The magistrates retired to consider the case and were out for a considerably long time.

When they returned, the chairman of the court informed me, UNFORTUNATLLY we have to find you guilty and they imposed a fine of £50.

The solicitor for the BCC requested costs of £2366.00. The magistrates again retired to consider the request. Again, they were out for a very long time. On their return they informed the Solicitor for the BCC that they would only award £100 costs.I was disappointed but had to accept the decision of the court.

A few weeks later I received some Unexpected Information

I was contacted by a well-respected and well-known person who informed me of the following.

On the day of my case 20th. January 2000, the three magistrates retired to consider my case. All three magistrates agreed I had been unjustly treated by BCC and they all agreed to find me