how to stand up

what can you do to stop them taking your A Board

This very much depends on how strongly you feel, and what you are prepared to do to stand up to them also how many of you there are. Strength in numbers is definitely a good position. A group getting together with a strategy and clubbing together to pay for legal advice is a way forward and spreads the cost, so this may not be as expensive as going it alone.

Information is crucial, as is knowing your legal rights. Councils imposing draconian and unenforceable rules could be challenged. Nobody has the right to take somebodies property if they are not breaking the Law. If they send you a letter threatening to take your a-board, write back asking them under what authority and what law they have the powers to do this. They need to provide you with the exact act you have broken. If you have simply failed to fill in a permit under their rules imposed upon you then challenge them and ask if this is against the law and which law this is. Failing to pay a "fee" is not also against the law, as the only way they can remove your a-board is if they prove you have blocked the highway and then they have to get a court order. KNOW YOUR RIGHTS AND YOUR LEGAL POSITION AND DON'T ACCEPT WHAT THEY TELL YOU UNTIL YOU FIND OUT WHAT THE FACTS ARE. Look up the 1980 highways act. This act has been there for over 20 years why suddenly are they quoting it as if it gives them the legal authority to just remove someones property?

If they do decide to remove your a-board get documentary evidence to back up any financial claims you have, i.e. the cost of your A-board, the estimated loss of income once the A Board is removed. You can threaten to take the council to court to get recompense from any illegal acts they have taken, i.e. taking away your property without going through the proper channels. Threats to take away your property does not give them the legal right to do so, only a court order can do that. They would have to prove to a magistrate that your A-board was a hazard on the highway.

If a council is acting beyond their powers and is not dealing with a situation correctly then you can challenge them through The Council Ombudsman www.lgo.org.uk. It may be lengthy, as you have to go through all the complaints procedure of the council before lodging a complaint, but it is worth your while. If the council are judged to have acted illegally and not within their powers and you have proof then the Ombudsman has the authority to make the council change its procedure and policy and possibly award costs.