Hampton Mill: Will removal of metal spikes spark legal battle?

Frances Payne claims officers and workers from the county council, responsible for the public footpath that goes through private land at the mill, took away the metal work designed to stop people climbing or damaging a new gate on Tuesday afternoon.

Mrs Payne said she had submitted to police camera footage of her gate being vandalised and that spikes had been necessary to protect her property.

It is the latest problem in a long-running saga which has seen the path closed off by barbed wire fencing and later locked gates amid allegations of anti-social behaviour, members of the public deliberately letting out livestock and vandalism.

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READ MORE: Occupier wants Hampton Mill path rerouted 

“The council has broken the law,” she said.

“I put up new fencing and a gate with the spikes on. They are not sharp at all, you can grip them quite easily and it is signed. They are only there to stop people climbing on and damaging the gate.

“I have spent a lot of money upgrading the fencing, I think I have every right to do this because my gates have been smashed before but they came and took them away.

“I can replace them we are going to have to sue the council. Why would they break the law? It just adds fuel to the fire.

“They didn’t give me any time and quoted something that was completely irrelevant. In these situations it generally goes to court.

“They said the spikes were a nuisance but frankly, they are only a nuisance to people who climb over the gate. They didn’t have grounds, they didn’t allow us to do anything about it, they just took them. It is stupid because it is going to cost the taxpayer, they seem to be working above the law.

“I am aware they looked visually intimidating but my property is getting vandalised on a daily basis, what am I supposed to do?

“My lawyer is talking to their lawyer and he has formally told them they have broken the law.

“There seems to be a certain clique of people controlling the council. There are a lot of people who are very sympathetic towards me, they can see what is happening and I think the whole of Evesham can see what’s happening now."

Asked whether the ongoing problems would lead her to closing the path again, Mrs Payne replied: “I am at a loss to know what to do.

“I am vulnerable now and I will do what my lawyer advises me to. My animals are still being let out, I am fed up."

She added: “People are leaving the gate open, even the police have left the gate open.

“There is a lot going on, an amount of bullying. It is getting really nasty and I can only do what I can do.

“All I am trying to do is protect myself, my livestock and wildlife and I getting treated horrendously. It is private ground.”

A Worcestershire County Council spokesperson said: “Worcestershire County Council, as highway authority, attended the site to remove an item affixed to a gate crossing a public right of way that we considered to be a risk to public safety.

"We are acting lawfully in seeking to ensure that the footpaths are open for the public to use.”