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my local council have accused me of 'obstructing the Highway' and issued a Section 143 Notice. The issue of contention is my fence which they allege is on the 'HIghway' which is a triangle of grass adjacent to a farm gate. They have relied only on a copy of the title plan, which differs from our transfer deed plan - which shows our fence is roughly in the right place. Indeed a Highways Officer visited on 4th December 2023 with our local Councillor and said the fence was roughly in the right place and there was no obstruction. He also said they were not going to take any action. They have now (7 months later) issued a S143 Notice and say there is no right of appeal. It transpires that it is the farmer who is forcing them to do this, the same farmer who has been harassing us for 10 years and who we are engaged in Court Proceedings about a separate issue. That farmer has in his possession a copy of out transfer plan and his expert witness commented that our title plan could not be used to determine the boundary (he was showing off because our expert witness had used the title plan in his drawings). Surely to be convicted without trial and without the opportunity to defend myself is contrary to the fundamental principles of English law?
my local council have accused me of 'obstructing the Highway' and issued a Section 143 Notice. The issue of contention is my fence which they allege is on the 'HIghway' which is a triangle of grass adjacent to a farm gate. They have relied only on a copy of the title plan, which differs from our transfer deed plan - which shows our fence is roughly in the right place. Indeed a Highways Officer visited on 4th December 2023 with our local Councillor and said the fence was roughly in the right place and there was no obstruction. He also said they were not going to take any action. They have now (7 months later) issued a S143 Notice and say there is no right of appeal. It transpires that it is the farmer who is forcing them to do this, the same farmer who has been harassing us for 10 years and who we are engaged in Court Proceedings about a separate issue. That farmer has in his possession a copy of out transfer plan and his expert witness commented that our title plan could not be used to determine the boundary (he was showing off because our expert witness had used the title plan in his drawings). Surely to be convicted without trial and without the opportunity to defend myself is contrary to the fundamental principles of English law?
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