Criminal damage – the law

Criminal damage is the intentional damage to, destruction of, or adverse interference with, the property, or installation, or other productive work of another person, and against their wishes.

An often misunderstood point is that it doesn’t matter, if that installation or productive work should happen to be on land not owned or otherwise formally occupied by the person who put it there. That fact doesn’t give another party the right to damage it, and if they should, then our understanding is that they may be convicted of an offence.

We’re sorry to have to report then, that a plot holder has suffered repeated damage to a wood chip path that they have installed beside their plot, with the underlay having been ripped back and the path destroyed more than once.

We’d point out to whoever keeps doing this, that for the reasons explained in the earlier paragraphs, this seems to us to be criminal damage.

Damage to a plot holder’s path. This happened between 1515 and 1545 on Sunday 1st March. We have security camera images of the only person to enter and to leave that area of site at that time, which was otherwise unattended. They show a man in a hi-vis jacket, black headwear, with a rucksack, on an orange-framed bicycle, probably electric.

The maintenance of paths between plots is the joint responsibility of the respective tenants, and ideally their nature would be a matter of agreement. However, some plot holders are seldom present, and if not, then common sense would say that if the other plot holder invests the work in maintaining it – in whatever form – then everyone should respect that.

Volunteers had also built a log pile to support wildlife in the conservation area – clearly signed to discourage disturbance – beside Road Three. A good part of it has now been removed unfortunately, and what appear to be some of the logs have appeared on a nearby plot. Would everyone please kindly not interfere with this area, especially now that nesting season has started.

Wildlife refuge log pile remains by Road Three

Finally, we’d mention that ignorance of the law isn’t a defence in these matters.

PPA Website Team

Disputes between plot holders – a reminder

It’s been taken for granted perhaps, that since PPAA Committee members are a familiar presence on site, then face-to-face discussions with them are in order, on whatever matter might occur to a plot holder. Custom-and-practice to date also tends to support this understanding, correct or otherwise.

However, the formal responsibilities of the volunteers who make up the PPAA Committee are stated in its Local Management Agreement with Cardiff Council.

That is, there isn’t any binding requirement for them to offer dispute resolution between tenants.

So everyone’s asked kindly, to familiarise themselves with the procedures in the article Reporting Channels For Victims Of Wrongdoing, and to remember that their tenancy contracts are with Cardiff Council and not with PPAA Committee. That is, only the Council and not PPAA Committee can take enforcement action.

(From time-to-time PPAA volunteers are approached by a tenant, who believes – and sometimes without even any proof – that they have been wronged in some way by another. Having told a volunteer, it sometimes appears that they then expect their problem to be resolved with no further action on their part. If so, then as the facts of PPAA Committee’s brief make clear, their expectation probably isn’t realistic.

It’s become a common discussion point, at meetings of Site Representatives from across Cardiff, that goodwill attempts at informal resolution of such things by them have all too often led to unpaid – and often overburdened – volunteers being subjected to a great deal of unpleasantness.)

The point of this article then, is to emphasise, that there isn’t any formally-agreed obligation between Associations and the Council, which makes it necessary for volunteers to be subjected to the often untoward consequences of their sincere attempts to help aggrieved plot holders in this way.

All this said, the goodwill continues, but nothing can be done unless the plot holder with a grievance puts their claim in writing to PPAA Committee, and has substantive evidence that the person whom they suspect is in fact the wrongdoer. As it stands, if this is done, then the volunteers will continue to do what they reasonably can.

PPA Website Team

Manure heaps – important safety message

Manure heap at Western Avenue end
Manure heap at shop end

A very substantial amount of manure was moved from the Cardiff Riding School to PPA today.

The driver, to use space efficiently, has piled it high.

PPAA Committee now pay for this manure, and so logically it is PPAA property. Full members, who have paid their £5 annual membership have PPAA Committee consent to take it freely – if and when available – but no one else does.

PPA Website Team

Manure deliveries expected tomorrow, Thursday 19 02 26, starting early.

Please will drivers kindly not park in any way, which might obstruct the manure pens, or turning in front of them, at either end of the site. The only place suitable at the Western Avenue end is under the trees along the right hand side of the car park as one looks at it from the trackway. If these should be full, then please park elsewhere on the site, e.g. by the Community Garden containers, in the car park on Road Three, or by plot 90, near the disused toilet.

(If a pen should be obstructed, then deliveries to it simply won’t happen, or a car may be contaminated by spillage.)

Thanks all.

PPA Website Team

The birds say that spring comes early

Perhaps it’s the extended mild period and absence of winter so far, but the sheer variety and exuberance of the birdsong on PPA site is exceptional this year.

For those with the app to identify the birds we’d be very interested to hear what they’ve found. It’s particularly encouraging that song thrushes – at one time a rarity – are now being spotted quite often. For those who use a spade on their plots to turn the soil, and to expose worms and soil pests, robins will be frequent companions as ever.

The recently laid rough dry hedging is a haven for wrens, black caps, and other small discreet birds, and when the two-hundred and thirty-two pyracanthas have grown we’ll have abundant, cat-proof nesting for various species such as blackbirds. The brashings too will become permeated by brambles to enhance habitat – and site security – further.

We’d remind everyone that nesting season starts at the end of this month, and to take great care that no nest be disturbed.

PPA Website Team

February newsletter

Council billing

Over the past two years, plot holders – some established and others new – have reported that they haven’t received an annual invoice for their allotment plot from Cardiff Council.

PPAA Committee would ask, that anyone in this position should notify the Council themselves, but also let the Committee know that they have done that, so that they may have an idea of the scale of the problem.

Twenty-eight plot holders have so far done just that, and so PPAA Committee have been able to chase on their behalf.

As a result, the Council department dealing with Income Retrieval have now asked the Allotments Department to raise  customer accounts to enable these plot holders to be billed.

PPAA Committee hope very much that we as a site are now nearing the end of this bothersome issue.

Hedge work incidentals

Following the removal of, and deactivation of the stumps of the unsuitable hedging – such as sycamores – two hundred and thirty-two mixed berry colour pyracanthas have been planted in their place, and they seem to to be growing well. These should soon form a dense, strong, very thorny hedge, with attractive, wildlife-supporting berries.

However, sycamores – it’s now understood – will fuse roots with others growing nearby to form an integrated network. This feature has resulted in the stump deactivator, which was used on those cut down, reaching a sycamore which was intended to be retained, but which has unfortunately now also been finished. (It’s the one a few metres to the northwest of the southeast gate.)

Fortunately there’s plenty of room nearby to plant a replacement, and a more ecologically-beneficial one too. Indeed, there’s room for a shrubbery as well.

Consent has therefore been asked of the Council – as required under the Local Management Agreement – for both the removal of the sycamore’s remains, and the planting of a semi-mature replacement rowan, cherry or similar. If anyone has any advice as to a particular tree which is noted for its vigour, good size, attractiveness and ecological benefits, then PPAA Committee would be interested in that.

PPAA Website Team

Annual PPAA subs reminder

It’s the start of a new allotment year, and so all tenants are amiably reminded that subs are due if they want full PPAA membership.

Only full membership entitles the tenant to the use of the manure and wood chippings in the pens at either end of the site, and more. (PPAA Committee have to pay for the manure, and so it’s reasonably their property. Consent for its taking costs a mere five pounds, which some sites charge per bag.)

All tenants are automatically basic members free of charge, which entitles them to vote at AGMs, and to be Committee members, however.

PPAA Website Team

Update on criminality affecting PPA site

In addition to the fire, it appears that the criminals have used a power tool to saw through the padlock’s engaging lug on the Riverside Community Garden’s steel shipping container, and the doors were left open.

The newly-built shelter was in a certain amount of disarray, but there wasn’t any evidence seen of an attempt to burn it.

It’s possible that the criminals didn’t know the extent of the Community Garden, and perhaps burnt the chalet that they apparently did because it was a more elaborate structure, and which they wrongly attributed to it? However this is no more than speculation on the author’s part.

We’d urge all plot holders to inspect their plots for any theft or damage.

PPA Website Team

Further structure fire on PPA

PPAA Committee members were awoken at around 0230 this morning by the police ‘phoning. They were with the fire services on site. A structure had been on fire and the gate had been forced.

Owing to the method used to force entry to the site, it seems that the intrusion was a determined act and not casual criminality. (The Western Avenue gate will be modified to avert this apparent method of entry in future.)

We lament the severe distress that this must cause to the plot holders concerned – whom, we understand, the police have notified – and express our sincere compassion to them.

We haven’t inspected the rest of the site for evidence of further crimes as yet.

PPA Website Team