On behalf of the Board of Nocton Park Management Limited (NPML), I wish to provide an update on the court hearing held earlier today and outline the steps we intend to take moving forward. Firstly, we extend our heartfelt gratitude to all members of the community who attended in support of NPML. The turnout was extraordinary—so much so that the Court had to arrange an additional courtroom to accommodate everyone who came to express their hope that the allotments would be safeguarded. Your presence was deeply encouraging, and the Board is profoundly grateful for the time and effort so many of you took to stand with us. We note that the vast majority of attendees were in support of NPML. While the majority of the community is aware of the identity of the opposing party, the Board has elected not to name the individual, as doing so would neither advance nor resolve the matter at hand. NPML remains steadfast in its commitment to conduct itself in a professional and courteous manner and sincerely hopes that the opposing party will adopt a similarly constructive approach. This includes the Court Proceedings and Implications During the hearing, the Court acknowledged that the opposing party has introduced additional issues beyond their initial defense regarding service charge payments. As a result, the Court indicated that the case may now exceed the jurisdiction of the Small Claims Track and may need to be transferred to the Fast Track Claims process. If this occurs, NPML will likely need to engage formal legal counsel, with costs anticipated to exceed £10,000. Mediation Efforts The Court noted that NPML had previously tried to comply with its order to seek mediation by securing a qualified mediator and offering this opportunity to the opposing party in August 2024. Unfortunately, the opposing party declined to engage without providing any plausible or reasonable explanation, which the Court expressed frustration about during today’s hearing. As a gesture of goodwill and in an effort to avoid the financial and emotional burden of prolonged litigation, the Board has resolved to reopen the channel for mediation. NPML will identify several professionally qualified mediators and offer the opposing party the opportunity to select one. This represents our final attempt to reach an amicable resolution before the case proceeds to a potentially lengthy and costly trial. We recognise that engaging in mediation will involve some expense for NPML, as we will share the professional mediator’s fees. However, the Board believes this approach is worthwhile if it helps resolve the matter efficiently and avoids further escalation. Of course, the success of mediation depends on the opposing party’s willingness to participate in good faith. The Value of the Allotments The Board wishes to reassure the entire community—both shareholders and Peter Sowerby property owners—that we remain steadfast in our commitment to preserving the allotments. These spaces are vital assets that provide immense value to the community, contributing to the mental and physical well-being of residents and supporting local wildlife. We firmly believe they should be protected for the benefit of all. Next Steps If the opposing party agrees to engage in mediation, we hope the process can be concluded within 2–3 months, depending on the availability of the chosen mediator. In the meantime, NPML will continue its usual operations, maintaining and improving the community’s amenities and serving the best interests of all residents. We encourage any members of the community who have questions or wish to discuss the court hearing or related matters to reach out to us. The Board remains committed to transparency and collaboration with all stakeholders. Thank you once again for your continued support and engagement.
Read MoreGood afternoon all members of the community of Nocton Park, We wish to inform the community of an important court hearing scheduled for Tuesday 28 January 2025 at 10am at Lincoln County Court. This hearing concerns an application by a community member requesting the Court to review the future of the allotments on Nocton Park. The application seeks to revoke the lease between Nocton Park Management Limited (NPML) and the Nocton Park Allotment Association, as well as to abolish the allotments. The allotments have been widely regarded as a positive contribution to the community, fostering proper protection of the area and supporting local wildlife and fauna. The applicant has raised concerns, alleging that the existence of the allotments infringes upon their perceived right to unrestricted access to all amenity land. NPML feels that this has no legal merit but of course the Court will be ultimately arbiters. We recognise the strength of community support for the allotments, as evidenced by a petition that has received over 900 signatures advocating for their preservation. Please be advised the NPML will do their upmost to protect this vital element of the community. The local press has also shown interest in this matter, highlighting its significance to the community. A relevant article can be accessed here: https://www.lincolnshirelive.co.uk/news/local-news/this-life-lincolnshire-village-allotment-9872123 The press did try to contact the particular member of the community who is causing this action but they refused to respond or cooperate. As previously stated, NPML will not disclose the identity of the individual bringing this application out of respect for their privacy. However, we understand that many in the community may already be aware of their identity. To ensure all residents have access to this information, this notice and the linked article will also be published on the NPML website for those who may not have received it via email. We appreciate the community's continued engagement and support during this time.
Read MoreDear all members of the community of Nocton Park, RE: Legal Proceedings Concerning Allotments on Amenity Land This has been sent to all members of the community (both shareholders and PS Homes) to whom we have an email address. This is because this action may affect members of the community from both groups of types of properties in Nocton Park. The Board of Nocton Park Management Limited (NPML) wishes to provide the community with an update regarding a legal matter currently before the Court. A member of the community, who is not a shareholder, has initiated legal proceedings against NPML, asserting that the presence of allotments on the amenity land has adversely affected their rights. This has already cost the NPML a significant amount of resource to defend. The individual contends that they are entitled to access the entirety of the amenity land and that the allotments restrict this access. They have requested the Court to: Declare that the allotments infringe their right to access all areas of the amenity land. Terminate the lease agreement between NPML and the Nocton Park Allotment Association (NPAA). Order the removal of the allotments and the restoration of the land to its pre-allotment state. The claimant has described the land prior to the establishment of the allotments as pristine and well-maintained. However, this characterisation is strongly disputed by many long-term residents, who recall the area as overgrown and largely inaccessible. These residents believe that the allotments have significantly improved the land by encouraging biodiversity, enhancing accessibility, and creating a visually appealing and well-maintained space. We will have statements to support this from members of the local community. Court Hearing Details The hearing is scheduled for 28 January 2025, at 10:00 AM, at Lincoln County Court. The case reference number is 426MC984. Anonymity of the Claimant While many community members may be aware of the claimant’s identity, the Board has chosen not to disclose it, as NPML believes it would be inappropriate to do so. The Court reference number is in the public domain, and inquiries about the case may be directed to Lincoln County Court. NPML’s Position NPML recognises the claimant’s right to bring forward their concerns and to seek a resolution through the legal process. However, NPML firmly believes that the allotments are fully compliant with the agreement entered into with Peter Sowerby Homes in May 2005, particularly clause 20.7, which states: "…[Peter Sowerby Homes properties are] not to use the amenity land other than for recreational purposes and in full compliance and in observation of the rules and regulations in respect of the amenity land from time to time as published by NPML.” The Board asserts that the prohibition against individuals entering the Allotment Area without the express permission of the allotment holder, the Nocton Park Allotment Association, or NPML is lawful and consistent with the terms of the applicable agreement. Notice of this restriction is publicly available on the NPML website. The Board is committed to vigorously opposing this claim, as it believes the allotments are not only permissible under the agreement but also beneficial to the community. The allotments provide environmental, social, and aesthetic value, aligning with the broader goals of maintaining and enhancing the amenity land for all residents. Community Support and Historical Context NPML is encouraged by the strong community support for the allotments, as evidenced by a petition with over 500 signatures in favor of their continuation. The Chair of the NPAA has also committed to providing a statement detailing the origins of the allotments and the condition of the land before their establishment in 2009, which followed a community vote. Addressing Misunderstandings The Board acknowledges reports that the claimant was previously an allotment holder whose membership was discontinued due to maintenance issues. While the Board does not speculate on the claimant’s motivations, it is focused on addressing the legal claim in a manner that upholds the interests of the community. Previous Rulings It is important to note that a prior Court ruling has already accounted for the allotments by granting Peter Sowerby Homes a 33% discount, reflecting the proportion of amenity land occupied by the allotments. Conclusion NPML is committed to representing the best interests of the community in this matter. The Board believes the allotments are a valuable asset, fostering environmental stewardship and community engagement. While NPML is prepared to address the claimant’s concerns through the appropriate legal channels, it will continue to advocate for a resolution that reflects the community’s well-being and collective interests. The Board do wish to state to the community that if the Court grants the application by the specific individual, then the allotments may have to be completely abolished. It would also then remove the 33% discount that the PS homes currently enjoy. We thank the community for its continued support and will provide further updates as the matter progresses. Regards.
Read MoreMessage from one our Directors, Victoria Hewson. Unfortunately due to personal and work commitments, I feel I am no longer able to provide the time needed to properly fulfil my role as a director for NPML. I will continue to offer support wherever possible, just not from a director position. Thank you to Kenny and Simon for all their support during my short time as a director. I highly encourage anyone who can spare a bit of time each week and who has the best interest of the park in mind to apply for the position, there are lots of important projects in progress, and as much time, opinions and experience is needed from others to ensure these run smoothly. Thank you to everyone who has shown their support and to all the residents I've recently met.
Read MoreThe Board is very disappointed and sad to announce to the community that there has been considerable damage inflicted on the allotments over the last few days - including four Christmas trees being cut down which were going to be donated to various charity groups in Nocton this Christmas. The matter is being reported to the Police and any evidence of the culprits will be passed to the authorities including any CCTV or camera footage. The Board asks if anyone knows anything about this criminal damage they report to the Police urgently.
Read MorePlease can the community note that the Board have attended to and resolved the issue with the large tree brach which broke near the play ground equipment. The branch has been removed and the wood is now near the brambles if anyone wishes to claim this for any firewood purposes.
Read MoreDear residents We have been made aware of several issues on the allotment land, including harassment of other residents and criminal behaviour (vandalism, theft). Please note that the board does not stand for this behaviour, and it has no place within Nocton Park. We understand the frustrations some may be feeling, but this behaviour is not appropriate. All residents can use any designated public right of way through any land including the allotment areas. If you witness or experience any criminal behaviour, please contact the police on the 101 non-emergency line, or 999 for urgent cases.
Read MoreDear all, We thought it would be best to make you aware that the contract of the managing agent (Mr Baxter) has been extended until April 2025, we understand this may not be the news some residents want to hear, however this decision was not taken lightly. We believe the temporary contract extension will be to the benefit of the park due to the following reasons: 1. As new directors, we have very little experience and knowledge in a role like this, therefore we are relying on Mr Baxter's experience and knowledge of the park while we learn the ins and outs of the role 2. Several managing agents have been contacted, including agents that have worked with NPML previously, these candidates would have been ideal as they would be able to fill the knowledge and experience gaps we are lacking, however these managing agents did not want to accept the role due to historical issues 3. The work on the flats needs completing, hiring a new managing agent would likely cause the completion of this work to drag on further as the new agent would need time to settle into the role and learn the history of the works required, whereas Mr Baxter is fully aware of the requirements and processes needed 4. With only joining the board very recently, this gave very limited time to find a managing agent who would be suitable for the role before Mr Baxter's contract end date, we didn't want to rush the process of hiring a new agent, this contract extension allows us time to find a managing agent that would be best for the community, instead of the first person to agree to the contract and potentially face further issues With our working schedules, we only have very limited time we can offer the company, therefore we are kindly asking if any residents can offer any time (even just an hour a week), please think of applying to become a director of NPML. The more directors on the board, the more we can achieve and improve our community. If you have any suggestions for managing agents, please send these to enquiries@noctonpark.co.uk. Kind regards, Victoria Hewson and Kenny Mabbott
Read MorePlease note weed spraying is anticipated to be undertaken on the morning of Monday the 5th August (weather dependent), it would be greatly appreciated if residents could move any parked cars away from the curbs and off the parking bays to ensure we get the full benefit of the weed spraying. The contractor has advised that pets and children should be kept out of the treated areas during the spraying and two hours after, this allows plenty of time for the spray to dry. The areas to be treated include: -Rostrop Road -Wegberg Road -Khormaskar Drive -Holly Close -Fayid Lane -Akrotiri Square -Steamer Point Road -Nocton Park (including the play area, tennis courts, goal posts and borders) We apologise for the short notice of this request, however we needed to ensure the weather forecast showed perfect conditions to get the best results. If the forecast changes, this work may need to be rescheduled, however this will be communicated. Thank you again for your cooperation.'
Read MoreThe Board wishes to state the following: "We are in the process of retrieving quotes from contractors for the work on the roads, currently the quotes we have received are more than anticipated and would not be covered by the budget remaining for this year, I understand this is not the news you were hoping for, however we will revisit this issue in the new year when the new directors have had more time to settle themselves into the role and have set out an action plan to deal with the issues raised on Nocton Park."
Read MoreThe Board just wanted to confirm that the pot holes on the various roads on Nocton Park was undertaken yesterday (25 July) and it is hoped that these will stop any safety issue for pedestrians, cyclists and road users in general. The Board notes that the contractor placed some left over tarmac on the parking area on Khormaksar Drive. This was not discussed with the contractor and the Board will be making a decision in due course what to undertake on this area.
Read MoreOn behalf of the Board I wanted to update the community that as part of the overall works programme for 2024, we are having some work undertaken on the pot holes on the worst affected roads in NP. The roads being worked upon are: Habbaniyia Rise Wegberg Road Steamer Point Road The works are being done on THURSDAY 25 JULY 2024 (hopefully in the morning). They have assured us that access will be not be prohibited all they do ask if use can be limited and that cars are not parked on areas of the road that have pot holes that will be work ed upon. They are repairing the more serious holes that need repairs. The work is being done by Halliwell's who have done work on Nocton Park before. The areas are: Approx 3 sq m [Habbaniya Rise] Approx 8 sq m [Wegberg Road] Approx 16 sq m [Steamer Point Road] Any questions on the works being done, please let NPML know.
Read MoreThe Board of Directors of NPML is pleased to announce the appointment of Miss VICTORIA HEWSON to the Board of NPML through co-option. Miss Hewson's appointment will be presented to the shareholders for ratification at the next Annual General Meeting (AGM) scheduled for the summer of 2024. Miss Hewson has been a resident of Nocton Park for many years and thus knows the area well. She is committed to serving the community, managing the resources and to support and carry on the work of the Board on improving the community areas.
Read MoreThe Board of Directors of NPML is pleased to announce the appointment of Mr. KENNY MABBOTT to the Board of NPML through co-option. Mr. Mabbott's appointment will be presented to the shareholders for ratification at the next Annual General Meeting (AGM) scheduled for the summer of 2024. Mr. Mabbott, a resident of Nocton Park, has expressed his willingness to dedicate his time and efforts to the Board and to serve his local community, with the aim of contributing to the overall improvement of Nocton Park.
Read MoreDear all community, We have recently noticed an increase in litter left in the amenity area, as well as several branches that appear to have been deliberately broken. Additionally, a rope swing was tied to one of the large trees. The Board understands that the amenity area is an attractive spot for the community, especially for children wishing to play. However, we respectfully ask all users to ensure they do not leave any litter behind as this is not only an environmental concern but also a potential safety hazard for other community members and local wildlife. Regarding the rope swing; the Board requests that no swings be attached to the trees in the amenity area. Doing so can damage the trees and pose serious safety risks to both the users of the swing and others who may come into contact with it. Thank you for your understanding and support. Regards, Board of Directors
Read MorePlease note all members of the community of Nocton Park: Under section 20.7 of the agreement between Peter Sowerby Developments and Nocton Park Management Ltd, all successors to the transfer (thus any properties that PS built) must be in "...compliance with and observance of the rules and regulations in respect of the Amenity Land from time to time published by NPML..". Please note the notice that has been published on the 22 May 2024. Any questions please contact the Managing Agent.
Read MorePlease can all members of the Nocton Park community bereminded of the following long standing rule : that no personshould enter the individual plots on the allotment area of theamenity land without the authority of the Board of Directors ofNPML who have delegated the authority permission to the NoctonPark Allotment Association. Any attempt to enter individual plotswill be a breach of the formal land agreement between PeterSowerby Developments and NPML that all owners of propertyhave formal and contractually agreed through the covenant ontheir property they signed when it was purchased.This does not affect the concessionary right of way on the pathfrom the bridge, straight through the allotments area and ontothe public footpath through either gap in Anglian Water’s fence,or the concessionary right of way turning left from the bridgearound the edge of the Anglian Water compound, and down tojoin the public footpath at the gate.
Read MoreThe Board wishes to assure all PS Properties that the revised Service Charge notifications that went to all PS properties is for information only. For any PS Property that has paid in full early this year, the Board is currently reviewing the process to manage the overpayments. For any PS Property that pays by monthly instalments, the Board would recommend you leave the current payment rate as current and then cancel the payment after the September payment. Any questions at all - please contact the Managing Agent on enquiries@noctonpark.co.uk. Many thanks.
Read MoreFollowing a decision by the Court following a claim by two individuals, NPML have sent out revised 2024 Service Charge notifications to all Peter Sowerby Properties. The Court found that the area currently leased to the Nocton Park Allotment Association should be reflected in the Service Charge for the Peter Sowerby Properties and it deemed that a 33% reduction in the service charge for the Peter Sowerby properties is appropriate. This will have a major impact on the finances of NPML and the Board is having to review the maintenance and investment plans for the amenity areas. The court decision was only for the PS Properties but a full statement to the shareholders will be sent out shortly.
Read MoreWe wanted to update the community on the tennis court work. We have now cleared the tennis courts of the rubbish and detritus. This was undertaken by one of our directors in her own time. We have also replaced the tennis nets and hope that these can be looked after. We have found numerous examples of dog mess - we would please and firmly ask that no dogs are allowed on the courts as this creates a health hazard for the community for any mess.
Read MoreThe new grass and tree contractor has started and undertaken the first full cut across the amenity areas. The first cut was not as short as some people hoped but we had to ensure that the grass wasn't damaged by the first cut of the season. We have arranged regular dates with the contractor and will do our best to keep up with the very quick growing grass across the spring, summer and autumn.
Read MoreThe Board wanted to update the Community on the start of the new grass cutting contract for 2024. The contractors are in today (26 March) and have started the specific works. They are also undertaking some minor tree work and so have agreed to come back this weekend to finish the grass work. We wanted the first cut to be careful not to damage grass and thus it will take a few cuts to get it to the right level without damaging the grass and weather dependant.
Read MoreThe Board wanted to reassure the Community that we are currently seeking quotes from local contractors in regards to reviewing and fixing the potholes on some the community roads in Nocton Park. Once we know more we will ensure that the community is made aware.
Read MoreThe Board wish to give all the community an update of the grass cutting for the amenity and pathway areas for 2024. We had aimed to start the grass cutting last week but due the water logged grass and condition, it was felt that the cutting of the grass would then would damage the condition of the grass and it was pushed back. We can confirm that we are aiming to start the grass cutting next week (w/c 25 March) and then weather depending it is hoped it will be as regular was needed rising to fortnightly in the warmer months. Any queries please do not hesitate to contact the Managing Agent.
Read MoreWe have been able to replace the damaged tennis nets and will be arranging for the tennis courts to be fully swept and cleared in due course. Please can all the community be vigilant for any damage on the nets as the previous ones which were replaced had been vandalised unfortunately.
Read More
