I am dealing with the other question for you but I am still waiting for some more information. If you can reply to that thread about the chickens, I can deal with that for you also.
Provided the post has been in place for 20 years or more without consent and without objection and not in secret then BTOR can claim an easement by prescription for it to stay in place.
If you agreed to put it in place before that with no formal way leave, then it only occupies by licence and you can ask them to remove it and they are not entitled to charge. Indeed, if that was the case you could ask them to remove it and get rid of it altogether.
If you think they are overcharging (I don’t know what work is involved) then make a complaint to the regulator. I would suggest that you tell them that unless they agree to make their charges more reasonable you will refer the matter to the regulator for the regulator to determine whether these charges are reasonable or not.
If you want to go to court to have the cost of moving the post determined by a County Court judge, it’s potentially going to be financially risky because the judge may just decide the cost is reasonable. Therefore, you are going to have to come up with a quotation from an independent party or some other expert witness evidence as to what the true cost should be.
If you want to go to court, the appropriate court form is N208 and you need a supporting witness statement in this format:
The court fees GBP255 and there are further fees for Directions Questionnaire and an eventual hearing if there is one.
There is no legal aid for this and if the judge thinks that you have “lost” your case because he determines the fee to be reasonable, you could end up spending thousands of pounds in legal costs payable to BTOR. Remember they have unlimited funds to litigate.
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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