If you register, you can do a lot more. And become an active part of our growing community. You'll have access to hidden forums, and enjoy the ability of replying and starting conversations.

S&D Railway Trust and Washford Eviction Notice

Discussion in 'Heritage Railways & Centres in the UK' started by Andy Norman, Feb 24, 2020.

  1. granmaree

    granmaree Member

    Joined:
    Jun 5, 2015
    Messages:
    430
    Likes Received:
    397
    Heritage Railway Volunteer:
    No I do not currently volunteer
  2. jumper

    jumper New Member

    Joined:
    Jul 15, 2007
    Messages:
    39
    Likes Received:
    50
    Writing as an outsider, but mesmerised by the continuing WSR dramas, I just hope that the lack of statements by the Association and Steam Trust do not reflect an agreement with the eviction notice given to S&DRT.
    Rather that, behind closed doors, efforts are being made to persuade the WSR PLC to reverse their decision which would be a win win for all parties in my opinion.
     
  3. ikcdab

    ikcdab Member

    Joined:
    Dec 12, 2006
    Messages:
    209
    Likes Received:
    803
    Gender:
    Male
    Occupation:
    WSSRT Trustee
    Location:
    Taunton
    Heritage Railway Volunteer:
    Yes I am an active volunteer
    Consider that ex-directors perhaps know quite how seriously difficult a job it is and therefore see the other side of the coin.
    Ian Coleby
     
    Last edited: Mar 20, 2020
    malcolm imps and Miff like this.
  4. Miff

    Miff Well-Known Member

    Joined:
    Jun 17, 2008
    Messages:
    2,155
    Likes Received:
    1,575
    I agree.
     
  5. Jimc

    Jimc Part of the furniture

    Joined:
    Sep 8, 2005
    Messages:
    3,062
    Likes Received:
    2,668
    Occupation:
    Once computers, now part time writer I suppose.
    Location:
    SE England
    Heritage Railway Volunteer:
    No I do not currently volunteer
    Or simply that its easier to make a bad situation worse by opening your mouth rather than keeping it shut.

    Everything has changed since this started, and who knows who will be left standing at the end.
     
  6. johnofwessex

    johnofwessex Part of the furniture

    Joined:
    Apr 6, 2015
    Messages:
    5,701
    Likes Received:
    3,855
    Gender:
    Male
    Occupation:
    Thorn in my managers side
    Location:
    72
    Heritage Railway Volunteer:
    No I do not currently volunteer
    It suddenly occur to me............

    If the PLC takes the S&DRT to Court it may end up paying not only its costs but the Trusts if it loses.

    If it wins, it potentially ends up with the S&DRT's compensation/removal costs as well which could be even more substantial.
     
  7. Miff

    Miff Well-Known Member

    Joined:
    Jun 17, 2008
    Messages:
    2,155
    Likes Received:
    1,575
    In which case, what’s their game?
     
  8. jnc

    jnc Well-Known Member

    Joined:
    Apr 3, 2012
    Messages:
    978
    Likes Received:
    1,234
    Gender:
    Male
    Location:
    Western Atlantic
    Heritage Railway Volunteer:
    No I do not currently volunteer
    Sir Thomas More had something to say about silence, in 'Man For All Seasons':

    "The maxim is 'Qui tacet consentire'; the maxim of the law is 'Silence gives consent'."

    To me, one of the half-dozen best movies ever; richly deserving of its many awards.

    Noel
     
    ross and Monkey Magic like this.
  9. gwilialan

    gwilialan Part of the furniture

    Joined:
    Dec 8, 2012
    Messages:
    1,156
    Likes Received:
    2,634
    Gender:
    Male
    Occupation:
    Instrumentation, Control & Automation Engineer
    Location:
    East Sussex
    Heritage Railway Volunteer:
    Yes I am an active volunteer
    I wonder if the current situation will be the acid test for the WSR.

    Recently we have had some people saying that the WSR was in a dire financial situation whilst others have suggested that the situation was not as bad as it was made out to be - so that those who said it was bad would appear to have 'saved' the railway... Perhaps now we will see.

    I make no comment either way. I just wonder which of the two organisations in this dispute will emerge the stronger when it is all over.
     
    jnc likes this.
  10. garth manor

    garth manor Member

    Joined:
    Apr 10, 2009
    Messages:
    879
    Likes Received:
    212
    WSR must believe there is a material breach of the tenancy conditions under legal advice which gives them absolute certainty in the event of the trust disputing their eviction.
     
  11. jma1009

    jma1009 Member

    Joined:
    Mar 16, 2013
    Messages:
    1,017
    Likes Received:
    992
    Gender:
    Male
    Location:
    ynysddu south wales
    Having read all the legal documents at issue, no material breach whatsoever is claimed by the WSR PLC board in it's 'Notice to Quit' served by it's Solicitors Clarke Willmott. It relies on s.25 Landlord and Tenant Act 1954 and the specific grounds of s.30 (g).

    'Absolute certainty' doesn't even come within any parameters. 'Blind stupidity' might be more appropriate, 'intransigence', 'bullying', 'incompetance', and utter betrayal of the SDRT, part of the 'WSR family' for so very many years at Washford.

    If notables such as Mike Sherwood and Robin Moira White and Ian Coleby don't understand the gravity of the situation caused by the 'Notice to Quit' served on the SDRT, and still have no comment/refusal to comment, after more than 5 weeks, whether personally or via their respective boards of trustees (not necessarily on here, but elsewhere as appropriate) then what is the point of the WSRA and WSSRT?

    https://www.sdrt.org/images/files/news/press_release_20_03_20.pdf

    Cheers,

    Julian
     
    Last edited: Mar 21, 2020
    tracker and nine elms fan like this.
  12. jma1009

    jma1009 Member

    Joined:
    Mar 16, 2013
    Messages:
    1,017
    Likes Received:
    992
    Gender:
    Male
    Location:
    ynysddu south wales
    Robin, in the nicest possible way, you ought to consider how the above reflects on you, and whether your choice of words is appropriate for your standing as a Barrister etc.

    Cheers,

    Julian
     
  13. Piggy

    Piggy New Member

    Joined:
    Feb 28, 2020
    Messages:
    103
    Likes Received:
    100
    Gender:
    Male
    Location:
    Somerset
    Heritage Railway Volunteer:
    Yes I am an active volunteer
    Unfortunately, common sense is in short supply.
     
  14. Miff

    Miff Well-Known Member

    Joined:
    Jun 17, 2008
    Messages:
    2,155
    Likes Received:
    1,575
    I thought the same. Julian is adamant they don’t and I’ve no idea if he’s right. But, judging only from their respective public statements so far, the plc’s arguments for eviction seem rather thin, as do their plans for future use of the site. The trust’s assertion that it came out of the blue without prior warning or discussion seems quite convincing. We’ll soon see.
     
    Kempenfelt 82e and jnc like this.
  15. jma1009

    jma1009 Member

    Joined:
    Mar 16, 2013
    Messages:
    1,017
    Likes Received:
    992
    Gender:
    Male
    Location:
    ynysddu south wales
    Hello Miff,

    Under the Landlord and Tenant Act 1954, a very precise form of a 'Notice to Quit' must be used under s.25. There is a prescribed form for this, which Clark Willmott Solicitors used to serve 'Notice' on the SDRT on 10th February 2020 with 12 months notice. The only ground specified was s.30 (g) of the 1954 Act.

    The WSR PLC board, via it's Solicitors, did not claim ANY other ground under the 1954 Act. Section 30 (g) is that the Landlord intends to occupy the premises for his own purposes/business. This is quite a high test to achieve. I am not going to spell it out here, as I don't want to assist the WSR PLC board over all this, but shall we say, as I stated the other day, they are on a hiding to nothing over all this.

    There are other grounds in s. 30 for failure to comply with the terms of a lease, but these have NOT been used, despite the inflammatory Press Statement by Mark Smith (the 'cuckoo in the nest' etc) which appears as 24th February on Steve Edge's website...

    https://www.west-somerset-railway.c...et-railway-board-statement-regarding-washford

    (I thought it was earlier than this date),

    The ONLY grounds in the s.25 'Notice to Quit' served on the SDRT are the bland s.30 (g) grounds as in the 1954 Act and in the prescribed form.

    I hope this partly clarifies matters.

    I think things will become clearer in the next few weeks so far as the SDRT is concerned from the SDRT's perspective; we still await a 'position' statement from the WSRA and WSSRT boards of trustees, or from their 'personalities', on here or elsewhere, personally or otherwise.

    As to what is going on behind the scenes, nothing of note has happened, so far as I am aware.

    Cheers,

    Julian
     
    Kempenfelt 82e, tracker and MellishR like this.
  16. Forestpines

    Forestpines Well-Known Member

    Joined:
    Jun 5, 2009
    Messages:
    1,565
    Likes Received:
    2,145
    Location:
    Bristol
    Heritage Railway Volunteer:
    Yes I am an active volunteer
    Presumably the WSR/WSRA/WSSRT thought they could bully the SDRT into giving up their lease and their property without a fight
     
  17. mvpeters

    mvpeters Member

    Joined:
    Jun 23, 2008
    Messages:
    694
    Likes Received:
    805
    Gender:
    Male
    Occupation:
    Retired
    Location:
    Massachusetts, USA
    Heritage Railway Volunteer:
    Yes I am an active volunteer
    Will
    Just for clarity, the WD lease is between the WSR Plc as the landlord & the S&DJRT as a tenant. Other societies are not directly involved.
     
  18. martin1656

    martin1656 Resident of Nat Pres Friend

    Joined:
    Dec 8, 2014
    Messages:
    12,689
    Likes Received:
    7,012
    Gender:
    Male
    Location:
    St Leonards
    Heritage Railway Volunteer:
    No I do not currently volunteer
    Just out of interest, what happens if the S&DJRT pursue this though the courts, win, are awarded damages the WSR can not afford to pay, in effect making the WSR PLC insolvent, would that lead to an EGM of the shareholders, who could then, sack the Chairman, and start peace talks with the trust, that would also start in progress a situation where trustees of other supporting bodies, who gave support to the ousting of the S&DJRT ,Also being removed by their members?
     
  19. RailWest

    RailWest Part of the furniture

    Joined:
    Dec 7, 2011
    Messages:
    2,089
    Likes Received:
    3,622
    Gender:
    Male
    Location:
    West Country
    >>>If notables such as Mike Sherwood and Robin Moira White and Ian Coleby don't understand the gravity of the situation caused by the 'Notice to Quit' served on the SDRT.....

    Which IMHO would seem to be extremely unlikely.
     
  20. Forestpines

    Forestpines Well-Known Member

    Joined:
    Jun 5, 2009
    Messages:
    1,565
    Likes Received:
    2,145
    Location:
    Bristol
    Heritage Railway Volunteer:
    Yes I am an active volunteer
    Understood

    However, there have been lots of posts on Nat Pres stressing that the WSR as a whole is one mutually-supporting family who all work together. If the various bodies have collective responsibility for the railway in the good times, they have to take collective responsibility for the bad decisions too.
     
    Fish Plate, tracker, jnc and 5 others like this.

Share This Page