Top lawyer called in to end Cobo car park row
Tuesday 14th July 2009, 2:30PM BST.
GUERNSEY’S Law Officers will now investigate the Cobo car park dispute after an unprecedented call for action from 36 States deputies.
Acting HM Procureur Howard Roberts, the States top legal adviser, said his office had agreed to look into whether the Crown could stake a claim to the land, which has been dogged for more than a year by controversy.
Following a meeting on Friday with deputies Barry Paint and Mark Dorey, who led the campaign for the Law Officers to step in, Mr Roberts agreed to help resolve the dispute, which has now become a matter of major public concern.
‘I’m going to consider whether the Crown might properly assert a claim in respect of the land in question,’ he said yesterday.
‘The matter will be attended to as expeditiously as possible, but no timetable can be given for coming to a “conclusion”.’
A letter signed by eight out of 10 deputies was sent to the Law Officers on 27 May asking them to take action. The row centres on a claim from Thomas Holroyd that he owns the land as he is seigneur of Fief les Carterets.
But this is disputed by Sandpiper (which owns Cobo Checkers Xpress), the Castel constables and the parish advocate, who all say that owning the fief does not give rights over the land.
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Amazing…Deputies agreeing about car parking! Perhaps they can use this moment of bliss to finally put the ridiculous paid parking debate to bed instead of debating it for years on end and wasting time?!
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Paul le P we have put it to bed, we decided not to introduce it.
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Sorry Dave.
I agree with Paul. Although this isnt relative, paid parking will, without a doubt, be raised again and again until the States get the result they want.
It will never go away!!
GD.
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Paul Le P According to my interpretation of the above article, it is the true ownership of the car park that is at issue, not parking fees!
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Dave Jones – we’ve heard that before, yet like a bad penny it comes back every few years!
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As a former resident in the area but now living in the Cotswolds,the car park in question is a blot on a beautiful landscape. Of course the States should have control over the car park. Futhermore the clowns that dumped the vehicles on the site should be taken to court as soon as possible.
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Paul Le P not quite sure what paid parking has to do with Cobo, comment on the subject in hand not something that is irrelevant to the article GD you are just as bad
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John , paying for parking has everything to do with this ….. someone who considers himself the owner is asking rent for use of his land for parking cars. If Sandpiper paid up without question there would be no dispute.
If the Crown could definitively prove that they own the land there would be no dispute.
If there was a longstanding agreement between the Fief, the Constables and the businesses that would seem to strengthen Mr Hollroyd’s case.
And if the land is Crown owned, why should Checkers benefit from publicly maintained free parking at Cobo when they, and their competitors, have to provide it at their own cost elsewhere ?
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John – did you actually consider for a moment that my post was never meant to be taken seriously? It was actually nothing more than a satirical observation about the priorities of our politicians.
I can’t really help it if that passed you by….I appreciate my sense of humour won’t make me a stand up comedian any time soon but at least one person worked it out…thanks GsyDonkee! :-)
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If the States are going to try to compulsorily purchase the land then this would set a dangerous precedent. Similarly if there was an attempt to grab a contested piece of land just because there was no clarity over its ownership.
I can understand the problem, but surely you have to tread very carefully, especially when there are other commercial parties who would have an interest in the land.
Perhaps a judicial review would be the way to proceed here, as only this would introduce the required degree (or perception) of impartiality.
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I’ve watched this situation (metaphorically) since the first problems. I’ve declined to comment on it until now; however, people seem to have lost the plot. In commenting, I am referring to feudal society. The problem that you are all missing and I hope the law officers investigate, is that it is a “fief”. The dictionary definition is “the property or fee granted to a vassal for his maintenance by his lord in return for service.” Vassal is defined as “A man who entered into a relationship with a lord (look up the definition if you want, but for all intents and purposes, it is the Bailiff) to whom he paid homage (the act of respect and allegiance made by a vassal to his lord) and fealty (the loyalty sworn to one’s lord on becoming his vassal) in return for protection and often a fief” If he proposes to be a vassal then he would have paid homage to the then Bailiff. Questions?
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Oh yes!
One comment I forgot,…
A fiefdom is revocable!
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This issue is getting highly boring!
There is ownership detailed & rights etc will I believe be clearly documented under old Norman Law or via our esteemed Law Officers.
There MUST now be a meeting of minds without further delay(s)& Sandpiper can easily take the lead on this in order to get this matter resolved AMICABLY!
Perhaps, Mr Tom could be given a free shopping pass for his weekly Checkers groceries for the next 10 years in lieu of a partial settlement??
Alas, there are far more important issues for Guernsey Limited to expend their time on & be involved with i.e. the Firemen & Airport Runway are two that spring easily 2 mind!
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I assume before money is spent that this information freely available by a quick web search has/will be considered??
http://cobocarpark.com/Further_public_interest_info.pdf
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I agree that there are a lot more important issues to be dealt with but this car park is now becoming a serious risk to public safety. It’s also a blot on Guernsey’s lovely coast line and gives yet more fuel to the “Guernsey is still stuck in the feudal ages” brigade. Let’s hope that the land does belong to the Queen/States and that they can finally make it a pleasure to use and to see.
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