No trains to call at Altnabreac for the foreseeable future

[yorkie]

Well I've immediately reported that nonsense - hopefully GoFundMe will do something.

Likewise; here is the link for anyone else:

Report a fundraiser | GoFundMe Support

GoFundMe will always respond to your requests as quickly as possible.

www.gofundme.com

 

[RailWonderer]

I'd love NR to shut this station down so that the only two biggots who benefit from it being there lose access to it for being so idiotic. Would serve them right.

 

[greatkingrat]

Well I've immediately reported that nonsense - hopefully GoFundMe will do something.

I don't see anything that would break any rules. They are entitled to ask for funding if they want, whether we agree with their case or not.

 

[Gloster]

Much as I have little sympathy for them, well, none to be honest, I do not think it is a good idea to report this just because the general feeling of the forum is agin‘ them. It is a different matter if their appeal message contains clear distortions or untruths.

 

[GoneSouth]

They are also looking to raise money to cover their travel expenses as "we do not have a car that is roadworthy - we cannot drive it on a public road and live 40 miles from nearest town... Because we live in a remote place it will involve a lot of travelling."

Donate to ALTNABREAC COVER UP, organized by Ian Appleby

Hello everyone who is following my channel Altnabreac Cover up. I have taken the kind advice from peop… Ian Appleby needs your support for ALTNABREAC COVER UP

www.gofundme.com

Why would anyone without a car move to somewhere so remote, that alone must bring into question their sanity.

Oh, hang in, they could have caught the train at the end of their garden

 

[Adam Williams]

Having seen some of the videos linked from the GoFundMe, I think the BTP officers based at Inverness (and some of the engineers at NR too) deserve a gold medal for their patience...

And I think my job can be frustrating at times.

 

[Mcv378]

Hopefully due to their behavior of endangering the railway (the time they stood in front of a train to disrupt the service) Scotrail bans them from using their services once the station reopens.

 

[fraser158]

Perhaps a bit off-topic, but there's no way I could exist there with the number of midges seen in that video.

 

[GRALISTAIR]

You really couldn’t make it up. And thirty grand won’t go far on that list of theirs

Exactly what I was thinking. Oh well, it is a free country I guess!

 

[Blindtraveler]

I am totally dumb struck by the sheer lunacy of this
Full marks for bravery though, I would have thought that in between wasting police time and various Railway bylaw offences they 've got enough against them to make any judge and jury in the land raise a collective eyebrow

 

[Bald Rick]

Perhaps a bit off-topic, but there's no way I could exist there with the number of midges seen in that video.

the wee beasties have been particularly ferocious recently. And they have been prevented from leaving by train too!

 

[nuts & bolts]

The Home owners have not engaged a Scottish Law Solicitor to sort out this Land Dispute because they apparently do not have any funds, if a Solicitor was engaged the Home owners should abide by professional advice and allow the situation to follow this course. Their live feeds and uploaded content on YouTube could be better produced. Hats off to the NR contractors, BTP and Police Scotland showing a lot of patience.

 

[InkyScrolls]

I don't see anything that would break any rules. They are entitled to ask for funding if they want, whether we agree with their case or not.

They have distorted the truth - nothing the authorities have done in dealing with them could be described as 'harassment'. So in that sense there is an argument for libel.

 

[Krokodil]

I tried watching the video to try and see what argument they were making but decided that it was too tedious. Would someone with more stamina mind summarising it?

 

[InkyScrolls]

I tried watching the video to try and see what argument they were making but decided that it was too tedious. Would someone with more stamina mind summarising it?

They show the police a fallacious piece of paper which they claim proves their right to the railway land. The police try to point out the problem in their argument and are talked over constantly. There are lots of midges.

 

[alxndr]

Curiosity got the better of me, so I paid the £3 for the title deeds (admittedly forgetting just how dense in legalese Scottish title deeds are compared to their English equivalents).

I have attached the document here incase anyone better at decoding this stuff wishes to take a look.

Burden 2 appears to be of interest:

Burden 2
Disposition by The British Railways Board to Robin MacDonald Sinclair and his executors and assignees, recorded G.R.S. (Caithness) 13 Jun. 1969, of that lot or area of ground situated at Altnabreac in the Parish of Halkirk extending to 0.340 acres, of which that part of the subjects in this Title tinted pink and blue on the cadastral map form part, contains the following burdens:

(First) our said disponee and his foresaids shall be bound forthwith to enclose in so far as not already done by erecting along the boundaries of the said subjects hereby disponed suitable fences and to provide and hang gates at either end of the access hereinafter specified which fences along with those fences already existing on the boundaries of the said subjects and the said gates shall be maintained and upkept at the sight and to the satisfaction of us the said British Railways Board and our successors at the sole expense of our said disponee and his foresaids;

(Second) Reservation in favour of us and our foresaids of a heritable and irredeemable servitude right of access for vehicular and pedestrian traffic over the strip of land tinted blue on the said map;

(Third) Declaring that the subjects hereby disponed are so disponed always with and under all access rights, servitudes, easements, water rights, wayleaves, drainage rights, sewerage rights and others at present existing whether formally constituted or not affecting the same, and our said disponee shall free and relieve us of all claims and liability of every kind in respect of any future interference therewith due to his operations in erecting buildings on the said area of land or otherwise and

(Fourth) our said disponee shall before carrying out any operations or commencing the erection of any buildings on the said subjects hereby disponed submit to us for approval plans sections and detailed drawings showing inter alia the water supply and drainage arrangements connected therewith and shall give effect to any reasonable suggestion made by him in regard to said plans for the protection of our remaining property.

A lot of the owners' argument appears to hinge on the satellite view on the scotLIS website pointing towards the track being within their boundary, despite the site noting that the map view is indicative only. That said, if they wish to argue that the satellite view is correct, the area tinted blue where there is "a heritable and irredeemable servitude right of access for vehicular and pedestrian traffic" for the railway appears to cut through the southern part of their house. As the residents only wish to obey the letter of the law I'm sure they wouldn't mind workers following the prescribed path and tramping through their living room?

 

[Tetchytyke]

A GoFundMe appeal has been launched by the homeowners - they are looking to raise £30,000 to, among other things, "sue Network Rail, BTP and Registers of Scotland".

Odd, I thought they’d engaged the advice of a Scottish legal professional.

Interesting they’ve added suing the land registry to the list. Looks like I might just have hit the nail on the head in post 503.

 

[spottedcow]

From the Northern Times 4/3/2024

Altnabreac couple make no plea over alleged level crossing incident

Nearby residents at a Caithness railway station have appeared in private at Inverness Sheriff Court on charges related to an alleged incident.

www.northern-times.co.uk

Nearby residents at a Caithness railway station have appeared in private at Inverness Sheriff Court on charges including endangering the life of staff and passengers and interfering with the running of the network by standing on the track.
Inverness Sheriff Court heard that the incidents were all alleged to have taken place at Altnabreac level crossing on March 1 this year.
Ian Appleby (46), of the Station Cottage at Altnabreac, appeared before Sheriff Ian Cruickshank and made no plea to all the accusations including of ignoring warning signs and trespassing on Network Rail land in dangerous proximity to the line.

The other charges were, while acting with another, culpably and recklessly standing on the tracks in the path of the oncoming train to the risk of injury and danger of life to you, the passengers and staff on the train; and behaving in a threatening or abusive manner which was likely to cause a reasonable person fear and alarm in that you did shout, swear and utter abusive comments towards two police constables.
His partner, 48-year-old Elizabeth Howie, a former police officer, also appeared on similar charges to which she made no plea. The charges were trespassing in dangerous proximity to a Network Rail track; maliciously interfering with the running of the railway track by standing on it and bringing trains to a halt; obstructing British Transport Police officers in the execution of their duty and behaving in a threatening or abusive manner.
Both were committed for further examination and released on bail to appear again in court in the due course of law.

 

[Adam Williams]

From the Northern Times 4/3/2024

Altnabreac couple make no plea over alleged level crossing incident​

Nearby residents at a Caithness railway station have appeared in private at Inverness Sheriff Court on charges related to an alleged incident.

www.northern-times.co.uk

Nearby residents at a Caithness railway station have appeared in private at Inverness Sheriff Court on charges including endangering the life of staff and passengers and interfering with the running of the network by standing on the track.
Inverness Sheriff Court heard that the incidents were all alleged to have taken place at Altnabreac level crossing on March 1 this year.
Ian Appleby (46), of the Station Cottage at Altnabreac, appeared before Sheriff Ian Cruickshank and made no plea to all the accusations including of ignoring warning signs and trespassing on Network Rail land in dangerous proximity to the line.

The other charges were, while acting with another, culpably and recklessly standing on the tracks in the path of the oncoming train to the risk of injury and danger of life to you, the passengers and staff on the train; and behaving in a threatening or abusive manner which was likely to cause a reasonable person fear and alarm in that you did shout, swear and utter abusive comments towards two police constables.
His partner, 48-year-old Elizabeth Howie, a former police officer, also appeared on similar charges to which she made no plea. The charges were trespassing in dangerous proximity to a Network Rail track; maliciously interfering with the running of the railway track by standing on it and bringing trains to a halt; obstructing British Transport Police officers in the execution of their duty and behaving in a threatening or abusive manner.
Both were committed for further examination and released on bail to appear again in court in the due course of law.

This case went precisely nowhere though, didn't it?

 

[spottedcow]

I don't see anything that would break any rules. They are entitled to ask for funding if they want, whether we agree with their case or not.

Read what he says on Youtube, lots of inaccuracies, he’s deleting comments that question him or point out he and his wife are out on bail or point out actual facts that go against his point of view, leading an awful lot of people to only seeing a one sided narrative leading people to donate to something that’s untrue

This case went precisely nowhere though, didn't it?

Both were committed for further examination and released on bail to appear again in court in the due course of law.
Its not the actions of a reasonable person to stand on a railway line and stop a train, there has been no issue with NR accessing the railway station before, so why now, it’s no different to a farmer refusing to allow Scottish Water or Scottish power to enter their land to maintain or repair their equipment

How to arrive is a tiny community and alienate yourself

 

[Krokodil]

They show the police a fallacious piece of paper which they claim proves their right to the railway land. The police try to point out the problem in their argument and are talked over constantly. There are lots of midges.

Thanks

 

[Adam Williams]

Both were committed for further examination and released on bail to appear again in court in the due course of law.

https://www.railforums.co.uk/thread...or-the-foreseeable-future.257526/post-6786113

 

[D6130]

He seems to be churning out videos on YouTube like there's no tomorrow. Can't be bothered with linking them....even if I knew how to.

 

[spottedcow]

He seems to be churning out videos on YouTube like there's no tomorrow. Can't be bothered with linking them....even if I knew how to.

When you live locally you tend to know what’s actually going on and the inaccuracies posted online

When you live locally you tend to know what’s actually going on and the inaccuracies posted online

He seems to be churning out videos on YouTube like there's no tomorrow. Can't be bothered with linking them....even if I knew how to.

He has now stated on his YouTube channel :

Liz and I have had enough of the Rail Forum UK members coming on here and slandering us, as if it isn't bad enough what they are saying on their forum! Yes I will be removing all of their slanderous ilk from comments

 

[Cowley]

Ok everyone. We’re going to reopen the thread now for you to post your thoughts in.
As long as you keep things polite and informative you have permission to use this platform…

Thank you.

 

[Baxenden Bank]

Heading towards twice as many posts in this thread (536) as entries / exits from Altnabreac in 2022/23 (280).

 

[Elwyn]

In post 484 Tetchytyke seems to me to have set out very clearly what land the owners of Station House actually own. It doesn’t include the platforms and it doesn't include the access path to and from the station. And even if it did, the information in post 526, taken from Land Registry records, seems to indicate there is an irredeemable right of way in place. So whoever owns the land, passengers and rail staff have a right to use it.

I am not a lawyer (though I think Tetchydyke might be) but as a layman, I have the following thoughts:

1. The owners of Station House probably don’t own some of the land they think they do. (Ultimately that is for a court to decide but it seems fairly cut and dried to me).

2. Seeking to prevent rail company staff and others with legitimate business from accessing the station and its access route is ultimately bound to lead to failure.

3. The rail authorities have been very, very patient but eventually the worm will turn. I know from professional experience that in general, public authorities are reluctant to pursue civil litigants whose cases fail for costs but where the case is malicious or vexatious they sometimes do. The costs in this case will be enormous. The owners of Station House could lose their home.

4. Finally, I cannot get over the supreme irony of folk who do not own a car, and are largely dependant on the train, having taken action that has led to its withdrawal. They had to appear in Inverness Sheriff Court recently. An easy journey by train from Altnabreac but presumably a lot harder without it. How did they get there? You really couldn’t make this up. There’s a touch of Father Ted about this.

5. The owners of Station House certainly ought to seek urgent legal advice and I am pretty sure that advice will be that their many proposed legal actions have little prospect of success.






Elwyn

 

[Blindtraveler]

Also interested to see that apparently we as members of this forum post slanderous comments, there's a hint of pots and kettles to this for me
I'm not quite sure how we solve this impasse, but I suspect that a legal case probably should be brought by the Scottish government who ultimately are responsible for the nationalised scottrail operation and network rail Scotland as a joint venture and let a court of law decide what to do. I'm no expert but I would say it would be fairly cut and dried based on what I understand about the situation which admittedly isn't everything

 

[Mcv378]

I see they've reduced their GoFundMe begging page from £30, 000 to £10, 000

 

[tspaul26]

I'm not quite sure how we solve this impasse, but I suspect that a legal case probably should be brought by the Scottish government who ultimately are responsible for the nationalised scottrail operation and network rail Scotland as a joint venture and let a court of law decide what to do.

The Scottish Ministers have no locus to bring proceedings in this case and would be well advised not to do so.