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Bonkers Blog August 2013

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29 August - Another day, another law broken by Bexley council

Blocked BridlewayBridleway 250, otherwise known as Stable Lane has been blocked by Mr. John Window of Mount Mascal Stables. He has fitted an electronically controlled barrier complete with CCTV surveillance in contravention of the Highways Act. In doing so he is retrospectively supported by Bexley council. Mascal Stables has well known links with Bexley council.

After inconvenienced local residents, horse riders and walkers complained, Bexley council involved all the interested parties, including ward councillors, James Brokenshire MP, the stable owners and the police to thrash out a solution. Naturally they chose not to include the complainants for that is the way of Bexley’s crooked council. “Listening to you.” A fraudulent claim if ever there was one.

When the council continued to ignore their legal responsibilities a formal request to reopen the Bridleway (known as Form 1) was submitted to Bexley council at the end of July. This was in accordance with the procedures laid down by the Act. A copy of Form 1 together with guidance for use is available on a Government web page.

Bexley council’s response is to again support the illegal blocking of Bridleway 250 and their letter is signed by Mike Frizoni. (£94,698 salary + £9,469 premium + £4,455 car allowance + 20% of salary pension contribution.) He supports his decision by a reference to the police and the Crime and Disorder Act 1998.
Mike Frizoni supports criminality
There is no occupier other than the landowner who gets access via the bridleway, but that’s a minor point.

The main assertions in the Frizoni (£94,698 salary + £9,469 premium + £4,455 car allowance + 20% of salary pension contribution) statement are both dubious. For a start, Section 17 does not overrule any other obligation, it says so in its very first paragraph. I have asked two people with a legal background to check my interpretation.
Section 17
Frizoni (£94,698 salary + £9,469 premium + £4,455 car allowance + 20% of salary pension contribution) is either stupid, which cannot be discounted, or he has not bothered to check Section 17. One paragraph in one Act does not ride roughshod over every other Act on the Statute Book. It says so.

The reference to the police and ‘the scale of thefts/criminal damage would increase’ is just an irrelevant excuse. One could argue that if every cul-de-sac in the borough became a gated community crime might reduce but I doubt Frizoni (£94,698 salary + £9,469 premium + £4,455 car allowance + 20% of salary pension contribution) would tolerate it. In any case, Mick Barnbrook who submitted the Form 1 had done his homework before submitting it. He does love his FOIs! So the number of crimes committed in the area is already known. One burglary in the last five years since you ask. (†) Frizoni (£94,698 salary + £9,469 premium + £4,455 car allowance + 20% of salary pension contribution) has obviously not done any homework and presumably has a reason for blatantly covering one abuse of the law with another - but not one he is prepared to put on the record.

Mick Barnbrook’s intention was to take his complaint to the Magistrates’ Court but the law does not allow him to do so for another month. And there is another reason for delaying.

A national charity with an interest in this area of the law has expressed its anger at what Bexley council has done. In its own words, “If Bexley is allowed to get away with that, no Bridleway is safe”. All the correspondence is now with them and they have offered legal assistance, to the Appeal Courts if necessary, so unless Mike Frizoni. (£94,698 salary + £9,469 premium + £4,455 car allowance + 20% of salary pension contribution) comes to his senses it looks like there will be a delay before the saga is progressed further.

† More crime statistics are being sought.

 

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