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S&D Railway Trust and Washford Eviction Notice

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

  1. RichardBrum

    RichardBrum New Member

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    But at the date that the eviction notice was issued, & after 14 Dec 2019, there were only 4 directors. If the decision to send the notice was taken prior to that, then there were only 3 directors.
    One of those may even have had to abstain from any discussion & voting on it, so then your down to 2 directors.


    Do you consider that to be enough Directors?

    Do you think the Association & Steam Trust, by having some of the larger shareholdings, should have Director positions on the plc board?

    Do you think that prior to making such a major decision, ie. the eviction of a long-standing tenant, the plc Directors should have consulted with their shareholders?
    (Even if it was considered too difficult to consult with all shareholders, they could have consulted with the Association & Steam Trust, firstly as they are larger shareholders & secondly because there is likely a large overlap between their memberships & plc shareholders)
     
  2. jma1009

    jma1009 Well-Known Member

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    After my temporary suspension on here for 2 weeks a lot has happened.

    The 1st May 'position statement' by the WSR PLC board has been now shown to be untrue, as always suspected over breaches of safety at Washford, as none of this was in the 'Notice to Quit', though it could have been added under the terms of the lease if true, to the 'Notice to Quit', but it wasn't.

    The SDRT has grown quite substantially in membership since February.

    The idea that within the expiry of the 'Notice to Quit' on 10th February 2021, or during subsequent court proceedings the WSR PLC board can persuade a District Judge or County Court Judge it can argue it can prove it can take over Washford Station and Yard, and have the means and funds to do this is simply fanciful, and since corona virus, even more so.

    'Mediation' risks the clock ticking away to the 10th February 2021 deadline, unless the WSR PLC board agree to suspend the 'Notice to Quit'.

    Cheers,

    Julian
     
    Last edited by a moderator: Jun 1, 2020
  3. 35B

    35B Resident of Nat Pres

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    Mediation also provides an opportunity to find a solution that will maintain a viable working relationship between the organisations despite the behaviour of the plc board. And, if either side “run down the clock”, my understanding is that the courts will take that behaviour into account.


    Sent from my iPad using Tapatalk
     
    Last edited by a moderator: Jun 1, 2020
  4. jma1009

    jma1009 Well-Known Member

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    It would only be the WSR PLC board 'running down the clock'!

    [my emphasis added to my quote of yours]

    I am not aware of the Courts taking this into account - if the 'Notice to Quit' expires whilst mere 'mediation' is still ongoing, the WSR PLC board can apply for a possession order through the Courts over Washford as the 'Notice to Quit' has then become effective, and unchallenged.
     
    Last edited: May 31, 2020
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  5. Piggy

    Piggy New Member

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    Unchallenged ..... ?
     
  6. jma1009

    jma1009 Well-Known Member

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    Yes, exactly, and by issuing Court proceedings. These can then be stayed/adjourned if a proper process is ongoing, and with the WSR PLC board playing ball. Given what has happened the last 4 weeks from the 'position statement' of the WSR PLC board of 1st March, and everything else there are many questions over the WSR PLC board's 'bona fides' over all this.

    I would also like to thank all those who contacted me privately by email who have supported me during my suspension on here, and who also questioned the Moderators' decision over my suspension.

    Cheers,

    Julian
     
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  7. johnofwessex

    johnofwessex Part of the furniture

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    What might be the outcome were the mediation/arbitration process find in favour of the S&DRT BUT the PLC were to take the case to Court anyway?

    I dont know what process has been adopted or even if a decision has been made as to will it be mediation or arbitration.
     
  8. nanstallon

    nanstallon Well-Known Member

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    I believe that the S&DRT have solicitors advising them, and that they will take (if they haven't already taken) any necessary action to formally challenge the notice to quit, so that the plc cannot just run the clock down and on 21st February 2021 boot the S&DRT out on the strength of the notice having taken effect.

    Usual procedure is to negotiate on the one hand, but keep a loaded gun in the other hand!
     
  9. RichardBrum

    RichardBrum New Member

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    Usual protocol on forums elsewhere is;
    link to the article/publication
    & quote the relevant parts of the article
     
  10. Big Al

    Big Al Resident of Nat Pres Staff Member Moderator

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    Safest to describe the gist of what is being said whilst saying where the info has come from. Don't scan the relevant article and post on here. That infringes copyright.
     
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  11. flying scotsman123

    flying scotsman123 Resident of Nat Pres

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    Although the gist of it turned out to not really be what it actually said at all on that occasion! Anyway, that was a while ago now, I'm surprised anyone's still reading that far back, is give up if I still had that much to go!
     
  12. RichardBrum

    RichardBrum New Member

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    highlighted - If they were highlighted, they would have been highlighted TO someone. Is this sloppy language, or is there info missing?

    visitors to the site - public/customers? WSR volunteer? WSR staff? S&DRT volunteer? Plural?
    Would a random member of the public, or even someone who attends rail events, know about the ORR?

    which site? Specifically the area leased by S&DRT, or was it the WSR part of the site...


    It's also interesting how it goes from "issues" plural to "this" singular, & it never states what "this" is.
     
  13. RailWest

    RailWest Part of the furniture

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    AFAIK it has already been clarified recently on the other thread that, although there was an alleged issue during the Real Ale festival, it was not at Washford at all and the ORR apparently has confirmed this to the S&DRT recently. So IMHO this is a red-herring which serves no purpose other than to throw further discredit on the Plc's statement.
     
  14. RichardBrum

    RichardBrum New Member

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    I've now read that in the S&DRT press release.


    So, the ORR aren't going to be happy, the HRA/Mark Smith aren't going to be happy,
    & it looks like both the Association & Steam Trust, both charities with large shareholdings in the plc, are not distancing themselves from potentially libellous statements from the plc...
     
  15. D1039

    D1039 Well-Known Member

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    It cuts both ways, should the PLC be found to have a well-founded Landlord and Tenant case it need not necessarily result in a compromise or some S&DRT occupation of Washford.

    Patrick
     
  16. Andy Norman

    Andy Norman Part of the furniture

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    As reported on the other thread this months Steam Railway Magazine is worth buying either on paper or online (I use Readly to get my copy). Steam Railway have clearly done a good job of checking the facts and producing a more balanced article regarding the S&D eviction.

    As has been reported above clearly some of the things quoted by the PLC in public statements regarding their claims of ORR involvement and safety issues with the S&D and the WSRA knowing about the S&D Eviction Notice and supporting it before hand seem to be totally undermined as shall we say 'not accurate' according to quotes made by the ORR directly & the ex-WSRA Chairman (who was the Chairman at the time) to Steam Railway.

    There are also two other stories in Steam Railway about the embattled WSR. One about the Freehold approach by the PLC, which again casts doubt over PLC Statements, thus resulting in looking increasing like another 'one WSR group trying to buy the line without involving the other groups' aka the WSRA Ex6. And one article about the next legal battle with 4160Ltd which seems to be turning in to a total mess from a legal and cost perspective.

    I find it ironical that in fact the safety issue reported as a part reason for the S&D being evicted is now reported by the ORR as being nothing to do with the S&D and not even at Washford but in fact another part of the line and involving PLC Staff !!! (I will quickly add the ORR also said they closed the case and gave the reason for the problem in the SR article which appeared to me not to be serious).

    Its for each person to read and decide how much credence people can put on PLC Statements given some of the things coming to the surface after some good old fashioned 'fact checking' has taken place. There could be more to come yet regarding statements made on a number of subjects if the internal rumour mill is anything to go by and there could be an emerging trend when people say "we have been trying to speak to XXX but they have not responded despite our best efforts". Technology today is a wonderful thing as it leaves an audit trail to check facts against !!

    I'm sure many are watching this unfold with interest and some increasing concerns, this includes the local MP who is also now voicing some of his concerns about the WSR in public.
     
    Last edited: Jun 1, 2020
  17. RailWest

    RailWest Part of the furniture

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    The Plc has just released a rather 'upbeat' Press report on its 2019-20 finances - see http://www.wsr.org.uk/plc-press-1-jun-2020.pdf

    Admittedly once you get past the gloss at the front the shine rather goes out when you get to the forecast for the rest of this year, but....it does cause me to question whether it really needed to have extra money from the S&DRT - whether by way of increased rent or whatever - to the extent that failure to 'cough up' warranted an eviction?
     
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  18. johnofwessex

    johnofwessex Part of the furniture

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    Given the rather grim forecast it seems to me that were the PLC to be looking for a way out, then it has been handed one on a plate
     
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  19. staffordian

    staffordian Well-Known Member

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    Pleased to see they are doing so well thanks to their determined new chairman.

    It must surely mean they can honour their contract with regard to the overhaul of 53808 when the time comes.
     
  20. Piggy

    Piggy New Member

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    The usual obfuscation from WSR cannot hide the simple fact that the ORR have exonerated the S&DRT of all false and/or malicious allegations pertaining to the Washford site and activities thereon.
     
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