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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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i have a stall at my local market on saturdays and also have

Resolved Question:

i have a stall at my local market on saturdays and also have a shop accross the road from the market, i wish to trade on fridays as well but i am being refused even though i meet the criteria because (although i will find this hard to prove) the market maneger is protecting another trader because we do simular fashion ( this is only because the other trader has recently changed their stock to identical to mine) i want to defend my business. So i asked for this in writing and have received it now three weeks later and its all lies they state that ther are only 2 fashion stalls allowed per market per day - on the saturday we sometimes have five and on fridays currently there is only one and there has been only one for the last 4 weeks because we have been making notes and keeping dates. So i need to know where i stand as when i first asked to trade on fridays i was told yes a couple of days later i was told no,the reason given was because i,m the market maneger. The market is ran as a cooperative and some of the other traders say there is no reason that i cannot trade but the secretary, director,chairman and market maneger and whoever else on the commitee say no. Swale borough council will not listen to me either, as they say it has nothing to do with them.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : For now please let me know whether you have asked for their policy on such matters? I assume the market is run by the council please?
Alex Watts : Hello my name is ***** ***** I will help you with this.
Customer:

yes i have that in writing as i said. the market is ran as a cooperative limited company by the traders of the market. the council say it is nothing to do with them. regards julie

Alex Watts : I need clarification whether the council own the market or not please?
Customer:

i dont know they tender it out to the highest bidder - it has had different companies run it regards julie

Customer:

yes they do ive been told

Customer:

it says faversham market is now in the ownership of a cooperative

Alex Watts : Is it the cooperative is running it, rather than Actually own it?
Customer:

it says ownership

Customer:

im reading about competion laws do they apply to me

Alex Watts : Do they lease it from the council? Is there a formal lease?
Customer:

i know they have to re-apply every year

Customer:

it is a public service contract

Alex Watts :

ok - it sounds like they are just running it, they do not own it

Alex Watts :

What you can do is complain to the Council as you have done. If they refuse to do anything you can go to the Ombudsman. Their website is: www.lgo.org.uk

Alex Watts :

They can examine the Councils decision not to do anything and investigate the matter

Alex Watts :

You also have rights under the Enterprise Act.

Alex Watts :

This prevents anyone from undertaking anti-competitive behaviour

Alex Watts :

In the UK two sets of competition rules apply in parallel. Anti-competitive behaviour which may affect trade within the UK is specifically prohibited by Chapters I and II of the Competition Act 1998 and the Enterprise Act 2002. Where the effect of anti-competitive behaviour extends beyond the UK to other EU Member States, it is prohibited by Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

Alex Watts :

What you can also do is complain to the Competition and Markets Authority

Alex Watts :

They are an independent body and can examine any complaint

Alex Watts :

Details are here:

Alex Watts :

https://www.gov.uk/government/organisations/competition-and-markets-authority

Alex Watts :

You could also seek a declaration from the Court regarding your status and an injunction to stop them

Alex Watts :

You would need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

And form N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court would consider the matter and decide whether to make an injunction stopping them from letting you trade

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

i want to sue can i?

Alex Watts : No, you can't. You can only take the steps above.
Alex Watts : I am sorry but that would be very costly. On the CMA or Ombudsman can take action.
Alex Watts : Does that help?
Customer:

but i have lost money and what about the stress

Alex Watts : Yes but you can't claim for stress as that would be £500 at the very most.
Alex Watts : You can try and claim for lost money but you want the situation resolved.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I have missed the best time to trade and best weather and i should not have been stopped so i dont understand, they should not be allowed to get away with this and give exclusivity to the other man who has been watching me all summer and has now gone to my supplier and now it looks like my shop is his stall. they don,t want me to compete with him becasue he said i copied him i want to do more than just get given a stall. I was a market trader for 10 years until i got my shop all those people running the market now have been traders for five minutes and have let the power go to their heads

Customer:

why should i have to fight for this, nobody else has to and they must be breaking the law

Alex Watts : Indeed. Can you see my response above on how to take action?
Alex Watts : If so does that help?
Customer:

so i can sue

Alex Watts : Yes.
Alex Watts : you can't prosecute under the Enterprise act, only breach of contract
Customer:

thank you thats all i wanted to know, i am not prepared to let them get away with this,do you think i will win?

Alex Watts : I can't say for sure, but I think you have a decent chance.
Alex Watts : Is there anything else I can help you with today?
Customer:

thank you i have a good solicitor.

Alex Watts : Great, if I could invite you to rate my answer before you go, there should be a button at the bottom of the screen.
Alex Watts : if you need more help please click reply.
Customer:

just explain breach of contract please and then i will

Alex Watts : Where there is a contract and a party breaks it.
Alex Watts : There are terms implied by law and in writing.
Alex Watts : They appear to be in breach of competition, therefore you can sue
Customer:

verbel becasue he first told me i can have a stall or is it the agreement he has with the council to treat everybody fairly

Alex Watts : Both.
Customer:

ok thats brilliant

Alex Watts : Is there anything else today or does this answer the question?
Customer:

no thats good thanks. you have been very helpful

Alex Watts : Great, if I could Invite you to rent etc.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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