Beacon Award 2005
'Getting Closer to Communities'
Beacon Status award
( I think they mean BACON AWARD)
The following page is devoted to the Story. As Derek Conway MP Bexley & Sidcup puts it, my “admirable battle with bureaucracy.” . . . When advertising this battle to as many MP’s, Croydon councilors / councillors and Greater London Authority Members as possible the only one who would lift a finger to help was Andrew Pelling in his role as GLA Member for Sutton & Croydon. (Derek conway excepted of course) Pelling knew someone at Croydon Council who wasn’t bent. Roy Cullen Planning Enforcement Officer who replied properly and honestly, that the flue out side my window “was not in any way that approved”. And from then on the corrupt regime at Croydon Council has been on the back foot as it were. I am mindful of the service Andrew rendered but, when I asked the question, “I know it’s not approved. Anyone can see that. What I want to know is how did it get there?? Who authorised it and why?” . . . I’m afraid that is the last I heard from the said Pelling. When he realised this was not just a planning mistake, an oversight or mix up. But could only have happened through some corrupt process, the motive still not established. Andrew Pelling withdrew as fast as his legs could carry him. See CONSPIRACY of SILENCE on another page. The letter below is the one I sent to thank him. It is five pages long I’m afraid bit Derek Conway MP took the time and writes . . . “I read it’s five pages with growing incredulity at the lengths you have had to go to protect your interests.” Kind regards Derek.







Cc Local Government Ombudsman case no 04/B/12509
Cc Derek Conway MP . . with a thank you too. Conwayd@parliament.uk
Wednesday, November 24, 2004
Andrew.Pelling@london.gov.uk
Dear Andrew
Thank you so much for your letter received today and the good news that at last Croydon Council have admitted that “The details submitted showed a type of ducting designed to stop odours within the equipment and stopping well below the first floor window. It is clear that the ducting installed goes higher than that approved (and presumably beyond the ownership of the ground floor as well) {which of course it does} and the investigations of the Specialist Pollution team also point to the equipment failing to control odours as well. This suggests that the equipment installed is not in any way that approved and we are actively pursuing the operator to require the modification to eliminate the nuisance being created. The solution will also have to work within the confines of the ground floor as well.” . . . is music to my ears.
However, the letter goes no way to explaining Croydon’s behaviour. For instance why they have ignored this ducting for nearly the year it has been in operation, and especially the five months since I was advised by a PROPER PLANNING OFFICER from a neighbouring Council of it’s failings and complained accordingly.
Or (so the proprietor tells me) who . . in the Planning Department passed it as perfectly satisfactory? And It must be so because the planning permission says as you can see in their letter to you “No food shall be cooked on the premises until a scheme . . . has been submitted to and approved by the Local Planning Authority in writing and the duct has been installed.” And yetthey have been cooking there for nearly a year.
And there is the question of why they did not carry out the ‘investigations’ they promised? .
NOW . . . . everything is becoming clear to me and I will relate the whole story to you if you would care to read the following. It is told not necessarily in its sequential order because that would get confusing. A lot of it overlaps of course and is governed more by subject than by chronology.
This a SAGA of lies, extortion, negligence, intrigue, threats, racial abuse (in reverse), Keystone Cops, Trumpton Fire Brigade, greed, cover ups, plain old cynical indifference and departmental cock ups.
Not to mention the guts, determination, skill of writing and the down right cussedness of a ‘grumpy old man’, . . (do you watch that?) . . . . who will not let these people get the better of him.
All these facts and incidents have been recorded either directly or in copies of letters to third parties and sent to Croydon Council. Which, I felt compelled to send at the time, from day one, and long before I started to complain to them. I don’t know why I felt they should be aware of what was going on but I am glad now that I did.
Later there will be some conjecture based on what I have gleaned from the events, but I believe it will turn out to be very near the truth. And this is not the whole of it by any means.
Back in the summer of 2003 I was on my way to golf with a friend when I got a most amazing phone call on my mobile phone from a Mr Suryakant J Patel. A long conversation but the important bits are these. That Patel had bought the shoe shop underneath my flat and had got planning permission for A3 to turn it into a Caribbean Take-away. He had permission to run a large duct over my property and wanted my approval too. The alternative he told me was prohibitively expensive. He also wanted to know if considering that the shop was now going to be a Take Away and would need a large duct, did I want to sell the flat above? . . . as it happened we had just had the flat valued that month for re-mortgage purposes at £126,000 (worth a lot more now we have done it up) and I mentioned that figure to him . . . he of course scoffed at that and told me he could buy three flats for that money . . . and I told him to do so . . . as well as some other choice phrases you can imagine.
Well of course the shop was sold and the new proprietor Mrs Pauline Dyer moved in to start work. And I realised quite quickly that something wasn’t right. First of all she made no effort to contact us or introduce herself , as you would expect a new neighbour sharing a property to do. (the reason for that becomes very clear later)
As the work on the shop progressed I started to realise that the work was not being done to any standard whatsoever. I found out from Croydon Planning that soundproofing is required now. This is quite an expensive and serious undertaking. And when I realised they were going to open having just emulsioned the interior and were not going to install any ducting either I naturally complained to Croydon Planning.
Then she plastered the shop with old newspapers and made a total mess of the place. There was an incident with the rubbish she piled out the back too. Something was definitely not quite right. She deliberately made an unnecessary mess of the back yard. (She has told me since that Patel put her up to all this)
So naturally I politely but firmly complained to the freeholder Patel about the behaviour of his tenant. There are plenty of clauses in the lease that allowed me to do so. Only to receive the most abusive letter from her and one of cynical disregard from him, both sent on the same day as my own hand delivered letter. (an important fact because it showed collusion) Her letter contained stuff such as,
“Stop racially harassing me . . . . “ . . . “Are you a member of the Klu Klux Klan or the National Front.” . . and . . “Go and find something to do with your life and stop letting prejudice and hatred for mankind eat away at your flesh”. . . . whilst his reply basically said, she can do what she likes, and “Since You are not living in the flat how could you enjoy the premises?” . . . but most importantly . . . . . “anyway you are not allowed to let your property according to the lease 1983.” . . . . which turned out to be the crux of this whole SAGA.
Patel had bought this property with this sole intention in mind. It’s called lease grazing. There is a lot of it going on, and from an earlier letter of mine to the police: “And by the way if you really want an insight into what these obnoxious people are up to you should read https://www.copernicus.co.uk/WiaB2/ViewPage.cfm?Page=3888 “ (Page no longer exists.) Speech by Barry Gardiner MP on 8th January 2002 in the House of Commons.” Its got a name for it that I hadn’t realised, it’s called ‘lease grazing’.
(What these people are doing is buying up properties with what you could call ‘fragile leases’. And this one looked ripe for the picking. If we were not allowed to let our property then it would have no value to us whatsoever and more importantly no value to anyone else. . . . except of course to the freeholder and that was the point. And was the reason for his cockiness in the original phone call. But Patel made three big mistakes. The first was telling me what he was going to do. The second was not realising he was looking at the wrong lease, . . (I had had the clause taken out in 1998 when I bought the property.) And the biggest mistake of all . . . . picking on ME. Ten years previously an Estate Agent tried something a little bit similar with me and I drove him and his multimillion pound chain of ten shops into liquidation, with much the same tactics I have had to employ to get Croydon to deal properly with this matter. . . . single-handedly )
Because of her offensive letter I told the freeholder that she was not use my property to gain access to her shop any longer and he will have to provide her with an entrance of her own. Whilst the configuration of the entrance indicated a shared entrance the lease clearly showed the bulk of it belonging solely to us. There followed a protracted battle, both written and physical, in which at one time I had to tolerate an implied threat with a gun, lots of her workmen and friends milling about in our doorway and all sorts of stuff like that. I reported all this to the Police but they would not take any action and ignored in much the same way as Croydon Council is doing now. The business of the threat of a gun became proven when she admitted it under oath in a court case that was to follow.
Anyway . . . I wrote and told the police that if they would not stop these people trespassing on my property then I would. . . . physically if necessary. . . . .. and I’m afraid that is what it took. I did some ridiculous things like park a wardrobe in my doorway, that I was genuinely delivering. But purposely left it in the doorway, entirely on my own property, but blocking the shop too. The police were called by the proprietor and quite wrongly and unlawfully they threatened to shift it out of the way if I didn’t. . . .and would arrest me for breach of the peace if I put it back . . . for a laugh I got them to help me upstairs with it, since they were so keen. And they gave me a telling off too. . . . in other circumstance I would have put the WPC over my knee . . . but thought better of it at the time.
The wardrobe didn’t deter the trespassing so I put a barrier up, again on my own land. Only to find it gone, two hours later. I wrote to the police and accused them of taking it given their behaviour the week before. . . . I did get an apologetic phone call . . . but only to inform me that “It wasn’t us Mr Cole . . the fire brigade took it.”
“Oh did they” says I.
To this day the only entirely honourable person I have dealt with (apart from the recipients of this letter of course) is Commander Sexton LFB. Who apologised profusely in writing and gave me his assurance it would not happen again.
The Keystone Cops did not however. Can you believe this? (I found out about this a week later.) When I started drilling two 3/8th holes in my doorstep in readiness to take the barrier, a week before I put it up, the quarry tiles blunted my drill. So I went off to buy another. Whilst I was away she called the cops. My tenant told me later that a SWAT team (my exaggeration) with two squad cars and five assorted officers turned up and spent half an hour milling about and knocking up my tenant and asking questions, and examining the holes. . . . . 5 minutes after they left, I turned up again and carried on drilling totally unaware of the drama that had taken place. . . . you couldn’t invent it could you? . . . But the trespassing did not stop. And I wrote and warned them yet again.
ON THIS PAGE . . THE STORY OF THE DISPUTE . . . It’s a long story so you’ll need your reading glasses, and a hot drink. . . . And it’s got even longer . . To find out where we are now you would have to go to say www.sir-Ian-blair.co.uk and then follow the footprints (literally) . . . See CROOKED Solicitors paraded for all to see. . . . LIARS AND CHEATS THE LOT OF THEM.
Only to receive a summons from Croydon Crown Court to appear, to answer an application for an injunction to prevent me from blocking her doorway. Well, in the interests of a little brevity:-
The Judge agreed with me that it was my doorway and therefore he could not possibly sanction the injunction. He leaned out of his bench and over the witness box and showed her the lease personally. Because of his ruling Pauline Dyer the proprietor realised for the 1st time she has been duped all along by the freeholder Patel. (it turned out he had used a falsified plan to get the planning permission.)
Outside the Court she burst into tears and apologised. I gave her a cuddle and a kiss to make up, and she told me all about how Patel had put her up to it. Telling her that I was a nuisance racist tenant he was trying to get rid of . . . instead of the majority owner of the property. And lots lots more.
She agreed then that the freeholder should provide her with her own entrance, and we waited for him to so. . . . which of course never transpired.
So . . . just as much for her benefit . . . I put up a new barrier. This one was not touched and Patel had to get planning permission and provide the doorway. Which looks quite nice. But . . . . just how much she was duped is only now clear to me because of this recent letter from Croydon Council to you. It may also explain why she would not go along with my scheme to get rid of Patel, and I, let her the premises for half price . .. on the condition that she told me the truth that is. . . . ALL OF IT. . .But she never did take me up on this genuine and generous offer.
This bit is hearsay and part conjecture . . .but I believe it to be substantially true for all that. Pauline Dyer the proprietor tells us that (my wife still goes in the shop and so does my mother in law . . they are from the same country Jamaica and she buys some food there) she found out later. That Patel had had another interested party before her, look at the shop but he had cried off because of the extraordinary expense. Consequently Patel did not tell her about any of the conditions including the soundproofing and signed her up under some very suspicious circumstances that I have not been able to get to the bottom of yet.
The insurance business for the whole premises for instance is a story in itself. For a long time I puzzled over why it was that someone as greedy as Patel, would, instead of charging us the 2/3rd of the insurance we had always paid (fair because we own 2/3rd of the property) he only billed us for 1/3rd. Of course we happily paid it . . . why not? And then one day it came to me. . . . . . any guesses as to why?
It was because he was so sure that he would own the flat one day and he would only have to pay a third and the shop would pay the remaining two thirds for ever more.
Now he is stuck with it. Worse than that, because of the risk of rot to the floors that he has caused, the Norwich Union have tripled the premiums. . . (they are convinced even if Croydon Planning are still in denial) . . . . but since the lease says no one is to do anything that will jeopardise the premiums I refused to pay the increase. (now we pay £68 and he pays £400 which must be like 400 needles in his heart.) Serves him right.
I’m straying here . . . but the point is he charged her for the insurance insisting on cash and not giving her a receipt or anything.
So going back to the begining. . . . . she naively started off just painting the shop and thinking that would be all that was required.
When she found out about the soundproofing she had to go ahead with it, and ignored my letters warning her of the consequences of not taking special precautions in case of damp or leaks. . . .she screwed them up and pushed them through my letter box (the risk of rot is a serious matter that has still to be resolved . . . but again ignored by Croydon Planning)
And . . . . she ignored the Party Wall Act 1996 (structures) in putting up the soundproofing. Which fortunately for her, is the freeholder’s responsibility in law . . . which says she only acts as his agent in the matter. It cost £4,500 I think from memory, a lot of money if you have not budgeted for it. But he had concealed that liability from her.
She tell us that she paid £9,000 for the installation of the ducting, and that seems about right. But what I cannot believe is, that she would spend that amount of money on something she knew to be wrong. She tells us that Croydon Planning agreed all of it and passed it. And quite frankly I believe her . . . and would explain Croydon’s ridiculous behaviour ever since I started complaining. Why else were none of those investigations carried out? At least from the day that I found out about how bad that flue is. Their most recent letter clearly says how wrong the flue is . . . and any responsible and proper Authority should have jumped on that instantly. . . . especially if it is clearly in breach of what was agreed, as they say now.
And whoever put it up committed a criminal offense after all is said and done.
But then on the other hand . . .what is she so afraid of that she (the proprietor) cannot bring herself to tell me the truth? . . . I am truly baffled. . . . . . .(Not now I’m not . . . May 2005) There is a lot of mileage still left in these questions I’m sure.
And Croydon Councils internal communication must be a complete shambles. The letter to you admitting all, is dated three days before Rory Macleod’s inane letter, stating that this is likely to take a long time and will be investigated. . . . . what planet are they all on? That in a nutshell is what has happened. . . . but why it happened and what the truth is, about who agreed what and when . . . is still to be resolved. I just hope and pray that now they see how determined I am, Croydon will not get all stupid again when I start getting the business of my floors back on the agenda. And will enter into some proper technical and meaningful discussions.
One last thing. Everyone has always assumed that all I have been trying to do is close Pauline Dyer’s business down. But if you could read my letters to her which nearly all start with “Dear Pauline . . . . Please . . . please . . . . .please take this to your solicitor and get him to write to me.” you would know that is not the case. But to no avail unfortunately. I do not particularly want an empty derelict shop downstairs. But . . . . it is that bit about having to tell me THE TRUTH that is the deal breaker I think.
I make no bones about it though . . . I do intend to get rid of Patel from under my feet. And rightly so. . . . then I will have control of my floors. He is a nasty piece of work and deserves the tables turned on him. And I’m the man to do it.
Thanks for taking the trouble to get this far down the pages. Its quite a tale isn’t it? And I haven’t gone into how I came to call the freeholder’s Solicitors . . Lister and Wood of Norwood a bunch of LYING, MALICIOUS, VILLIANOUS THREATENING BUNCH OF TOSSERS. And the individual solicitor A. STUPIDTOSER is a name I address him as, to this day . . .Alf that is.. . . .
Worry about libel? . . . Moi? . . . .I published it all over Croydon, a fax to every other Solicitor, Estate Agent, Banks Building Societies, Police and anyone else I could think of. . . . and guess what? . . I haven’t heard a peep out of them since. It was some letter though. Five pages of excruciating sarcasm. It took me two days of writing but three days to pluck up the courage to send it. (Calling a firm of solicitors liars is a serious business . . . . but you can probably get away with a bunch of tossers . . . . who is going to argue with that?)
It started with:-
RE . . . “DISHONEST Solicitor.” . . . Mr ALF STUPIDTOSER at Lister and Wood
Tell me . .(A STUPIDTOSER at Lister and Wood) on a scale of one to ten, which is more embarrassing for a Solicitor? To be ignorant of the law, or to deliberately lie on behalf of his clients?” Colin Clifford Cole. 12 January 2004 . . . . . Answer on page 5
on page 5 . . . . . Of course the answer is . . . . GETTING CAUGHT.
Still more embarrassing . . . . is . . . getting caught after being told quite specifically and categorically you would be, with an explanation, that you arrogantly ignored.
What I want to know is . . . . why do these people pick on me? . . . . . winks.
Yours most sincerely and with many thanks Colin
Ps I’m seriously thinking of standing against Geraint Davies at the next election, much like Martin Bell did. I won’t win of course but I might be able to help get a decent MP elected. . . . . . I’ve done that before too in Kelsey Ward Beckenham. . . and is what finally brought the saga of the Estate Agent to a close. I got nearly as many votes as the Labour Party did then too. . . . well 44 . . . but then they only got 122. . . . and I didn’t come last either.
Dear Hugh Malyan . . . . GD did indeed relent. But only after much embarrassment.
But then . . . . that is what I do. Embarrass people who need to be embarrassed. Derek Conway MP however read this story and sent me a letter of much praise. 29th November. Which included:
“I read it’s five pages with growing incredulity at the lengths you have had to go to in defending your interests.” He writes too . . . “I am awaiting a reply from Croydon’s Chief Executive” and that was a month ago.” . . . .
These people shouldn’t be in charge of a sweet shop let alone a Council.
. . . . . . Yours Colin
YOU WANT TO TRESPASS ON SOMEONE ELSE’S PROPERTY IN CROYDON? . . DIAL 999 . . AND THE MET POLICE CROYDON WILL SEND A SQUAD CAR AND HELP YOU DO IT . . ALL YOU HAVE TO DO IS SAY IT’S YOURS . . NO PROOF NECESSARY.
( if you are black that is . . don’t bother if you are white)
SEE WHAT SIR IAN BLAIR SAYS ABOUT HIS TWAT TEAM IN THE MET POLICE CROYDON? OR GUN THREAT IS NOT A CRIME IF YOU ARE BLACK IN CROYDON? “This is not a matter for the Police” . . . Mark Stockford Crime Manager
(Talk about a “conspiracy of silence”)
READ THE RESULT OF THE PROMISED INVESTIGATION THAT MARK STOCKFORD, MADE INTO THE DISGRACEFUL “MATTER” OF THE BEHAVIOUR OF HIS OFFICERS IN CROYDON
CLICK HERE
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THE Croydon Council information site.
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