Are We Standing On Private Property Right Now? No It's The Highway 👮♂️🎥😲🚧
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- เผยแพร่เมื่อ 30 มี.ค. 2022
- #stopthestink VISIT 2 (PART 4 OF 4).
THE NEXT PROTEST IN ON FRIDAY 1ST APRIL 2022 - EVERYONE WELCOME
VISIT 2
PART 1 = • I Will Talk To You, No...
PART 2 = • I'll Run Over Ya, You'...
PART 3 = • Can I Ask You A Questi...
PART 4 = • Are We Standing On Pri...
VISIT 1
PART 1 = • I'd Like You To Land T...
PART 2 = • If You Don't Move From...
FACEBOOK GROUP TO KEEP UP TO DATE - / stsffoc
Alice Charity - alicecharity.com/
STOP THE STINK TH-cam Channel - / stopthestinktv
The email address to VOTE is ourstaffordshire@gmail.com and the email wording I used was -
Please accept this email as a Vote for Community Group of the Year to -
STOP THE STINK, NEWCASTLE
Kind Regards,
AND
Please accept this email as a Vote for Community Champion of the Year to -
AUDREY YOUNG
Kind Regards,
(I sent 2 separate emails to nominate the Group and Admin for a special award in their home county. If you wish to email also then they would highly appreciate it). More details found here -
/ 2112230508957396
and
/ 2112230402290740
Today we visit Walleys Quarry Landfill, Cemetery Rd, Newcastle-under-Lyme, Newcastle ST5 6SB.
This landfill site has been accused of illegally disposing of hazardous waste as detailed here - hansard.parliament.uk/commons...
This landfill site has had 52 permit breaches in the last 3 years, leaking a broad-spectrum poison (hydrogen sulphide) into the developing lungs of children - www.stokesentinel.co.uk/news/...
A summary is here - www.endsreport.com/article/17...
Enjoy!
_________________________________
Q - What is your email address?
A - djaudits@gmail.com
Q - What Drone Do I Use?
A - DJI MINI 2
My Referral Link - amzn.to/3ICW9Dp
Q - Where Did You Get Drone Insurance From?
A - COVERDRONE
My Referral Link - quotes.coverdrone.com/awe/Con...
Q - What Camera Do I Use?
A - DJI OSMO POCKET 2
My Referral Link - amzn.to/30bEMs4
Q - What Video Editing Software Do You Use?
A - WONDERSHARE FILMORA
My Referral Link - filmstock.wondershare.com/ref...
I have just been onto the Land Registry website and purchased the Title Plan for this site which is in the name of Rosemary Hill Tileries, Cemetery Lane and Park Row, Silverdale, Newcastle Under Lyme. TITLE PLAN = drive.google.com/file/d/1vuquR6L3WEeR76bKlV6Q8nVlojwYa5u7/view?usp=sharing
It shows that the Driveway is NOT within the private land boundary. (So would be deemed as the Highway as its Public Land and maintained by public funds)
This title is more accurate that the www.findmystreet.co.uk/map screen which I used in my video.
In summary, land within the Red Boundary is maintained by the Private Land Owner (Private Land) and the land outside is classed as the highway (Public Land) (according to the CPS Offences during Protests, Demonstrations or Campaigns page here - www.cps.gov.uk/.../offences-during-protests...)
In my video, I used the free of charge way of checking which normally works well but on this very old piece of land with easement running down the side, its different.
S.328 of the Highways Act 1980 says under the section ”Meaning of “Highway” that a “highway” means the whole or a part of a highway other than a ferry or waterway, and includes bridges and tunnels which the highway passes over/ through. Which actually doesn’t really answer the question!
However it is the common law definition that says ‘A highway is a way over which there exists a public right of passage, that is to say a right for all Her Majesty’s subjects at all seasons of the year freely and at their will to pass and repass without let or hindrance. ‘ (Halsbury’s Laws 21[1]).
A highway can be created by two methods - statute and common law doctrine and acceptance. There is a statutory presumption of dedication after 20 years’ uninterrupted use by the public under section 31(1) of the Highways Act 1980. However, dedication at common law does not require 20 years (or indeed any period) of uninterrupted use. This is backed up by case law.
A highway can be a road or a footpath. It does not have to be a drivable route.
From www.planninggeek.co.uk/glossary/h/highway/
Very good video , respect
The protesters should just move a few feet onto the private land, then the police can't become involved. The site would have to remove them using reasonable force which they would be too scared to use if there were a lot of protesters.
Respect for following the correct legal route rather than all of the lightweight emotional assumptions that have been floating around. This avenue may be lost, but following all sorts of other paperwork relating to this site might actually reveal matters that support the protest. Noisy blunt confrontation is not often the most effective way to deal with such matters effectively ... although attracting public attention does contribute to the cause.
@@davidkn , it will only be a valid arrest if the person pleads guilty or is convicted of the offence. Just because someone is arrested it does not automatically follow that they will be convicted, although the Police will lie and distort the facts to support their case. And if you read the CPS guidelines, it is stated that there is no actual legal definition of highway, so how can someone obstruct something that does not legally exist.
Anti Public policing in full force.
The public are the enemy in the eyes of the law.
That copper can't wait for the arrest can he, twitching over them cuffs for a good 5 minutes !
The time it took for any arrests whether lawful or not of which they of course were not, goes in favor of the protesters as witnessing a crime and allowing it to continue for a period of time makes the (criminals) complicit or in dereliction of their duties either way its a win for the protesters.
I would be so ashamed,if there was a police man in my family
Police have the highest suicide rate of all jobs...
The self hate is shown when they get satisfaction out of hurting others.
DJ you have done some brilliant reporting throughout this whole protest and getting this out there for people to see and highlighting what's going on..Big Respect mate great work keep it up 💪👊👍
Thanks for the amazing comment PE. It means a lot mate.
@@DJAUDITS It's only true facts mate I always give credit when it's due mate 👍
Good to see you guys documenting "Britain's Finest" seemingly endless resources when it comes to assisting corporate entities.
Agreed. And proper journalism with the checking of background facts. The pop-ups with company info, or in this case law or legal opinion to back up statements is very very good.
Im 100% going the protest here in morning I booked day off work 😎
👍
Rent-a-Mob paid for by public money, total disgrace.
We've come a full circle with these audits! From informing people that we can film on public land, to informing anti-democratic police that they aren't on public land (and neither are the protestors) and that they have no jurisdiction. Look at the level of police here - we are absolutely overstocked with these yellow jacketed clowns.
🤣🤣🤣🤣
i'm enjoying the way the english insult: "it's not on the bottom of the shit pile, but it's about halfway up." now, we could never think of something like that in the good old usa. lol
My reminder is set for this excellent series of citizen journalism regarding this important local matter. These are a MUST watch for anyone interested in civil liberties and the method of policing that affects peoples lives, health and rights. Fantastic work.
Thanks for clarifying to all your viewers the boundary between the public highway and the private entrance to the landfill.
It’s so refreshing to see such integrity in journalism, well done.
Thanks again for covering this for us mate!
pity they did not trigger a couple officers into abusing powers to even up the charges . but DJ and PJ are the politest of the auditing community and we respect the approach ,hopefully the 2 arrested will have the charges dropped
I see our Corporate Police Forces are working well for the UK. ACAUB Looking after a Commercial Corporation over the rights of the people.
I really hope you continue to support this issue 👍🏻👍🏻 they are such decent people who deserve to be heard.
Nice work DJ . I must say the treatment of disabled people by these police is vulgar and repugnant I hope that 1 day they have to walk in these ppls shoes . I think ppl need to expose the owners of this site and check to see if the local MP has them on his list of donors
Exactly
Follow the $$$
Everyone should stand further inside the property so they definitely aren’t on the “highway” I feel that’s why the police are making that line at the entrance I feel they don’t want you to realise if you go in further you would really screw with them. Great work DJ I feel you guys are creating so much momentum from your efforts ❤️❤️❤️🙏🙏🙏
I thought the same. Go closer to the entrance, by the gates. They has less leverage.
And don’t be afraid to get arrested. Make a paper trail of all this.
Get the local papers in for unlawful arrest charges.
Police will always back companies rather than protect the public. Public servants? No they aren't and that's evident from this protest. I would recommend anyone to read The Ragged Trousered Philanthropists by Robert Tressel. Written in the early 1900s it's still very relevant today. Well done DJ.
Police working for the private sector it will be their downfall in the end.
Great reporting DJ 👍👏
I can’t believe Simon? In the previous videos saying blue coats and yellow coats act differently.
They’re all police officers bound by the same laws, policies and procedures but one group acts differently from the other.
Because the left hand doesn't have the stomach to do the work of the right hand... Anyway you look at what these cops are doing, the work their bosses told them to do is wrong and not what we paid them to do. Protect and serve us or at least protect our children
They're not paid to think, if they were they'd be out of a job.
Simon is helping to create the stink.
He’s full of it.
Disgusting police work.
please please please stop talking to the police like they are your friends the blue coats are just the same as all the others
when they approach you turn your backs and start a conversation, if they try to interrupt tell them not to be rude.
stop making them feel like they are doing a good job ignore ignore ignore and stop trying to argue law they don't care
@@derekfaeberwick sorry that was to all of the crowd not just him
You need to picket the council, freedom of information how much the police are costing and who is paying, are any councillors involved with the company or relatives, are the local media following the story, knowledge is power but make sure it is 100 % or they will discredit everything.
Thank you for your help, you’ve raised this to phenomenal heights and it’s appreciated. As is your wit and polite, respectful and intelligent observations and interactions with the authorities
I think they need an annonymous dump of concrete on the private driveway at 1am.
Excellent bit of discovery on the public/private land.
It is definitely true you will probably find that the company has paid extra money for more policing
Malicious arrest by the police to aid the company.
This is journalism done correctly,polite but to the point.Always back up with evidence and obviously research and know the law(often more so than the police)
Excellent work DJ. Police again demonstrating they are willing servants of private business. Disgusting.
Your first really big story, well covered. The worst part is, we already know those cases will be thrown out.
That gentleman they arrested will have a nice payout coming his way for this unlawful arrest
Why don’t the protesters form a crocodile loop slowly crossing then re crossing the main road in a longs chain? As long as you keep moving then your aren’t on obstructing.
I just voted for them. What a brilliant bunch of people.
It is important to remember the average constable will have no knowledge or regard for previous court rulings in relation to matters of arrest during protests. Their priority is to ensure business is not affected by ordinary people seeking to show their disapproval of practices which adversely affect them.
A police constable will happily commit a wrongful arrest and sit back and let the CPS and the courts sort out the legality of it all.
the average plod knows only about 1% of the law section 1 and 5 gets them through 99% of their normal work that's about 2 hours of work a year the rest is drinking tea, driving about and talking about how great they are
Everything about this entire situation STINKS!
If anyone is obstruction the highway it's the Police with their Van with two wheels on it and two on the grass verge.
Police will always take the side of the rich man...every single time.
Gd work DJ AUDITS keep it up mate
To all of you that are standing against what is so wrong. Don't give up. ✌
keep sticking it up em , thanks for the updates DJ and PJ
This has been shocking to watch. So when someone blocks my drive on the public road how come the police won't respond and do anything 🤔
Someone must be getting cash in a brown envelope to have the police anttend like they have which is really sad for the UK
Probably not all that far from the truth. Senior Police are only there due to their willingness to follow the instructions of their paymasters, and if they decide to follow legislation rather than something told to them at a free dinner they will find that their careers take a sudden downturn.
Great stream again, love the camera work, well explained too.
At the end of the stream, how many of the police men/women looked ashamed and embarrassed?
Nearest guess gets bragging rights 😉✌️
All of them!
All of those cops were lying. Even the “friendly” ones.
Unlawful arrest and imprisonment, £25k compensation award to come
What is the local environment officer doing other than proberbly working from home and getting a fat pension
Definately will be watching, when broadcast or later?
I still say that driveway has been put over the grass verge, a public walkway, not a public highway, and beyond the quarry boundary, so how can anyone say pedestrians can't stand there?
Yep, property owned by the council, not the quarry. But not a public highway. If anything it's a private road since its only used by certain people, not the general public.
Further: "However it is the common law definition that says ‘A highway is a way over which there exists a public right of passage, that is to say a right for all Her Majesty’s subjects at all seasons of the year freely and at their will to pass and repass without let or hindrance. ‘ (Halsbury’s Laws 21[1])."
So obstruction of the highway would be valid to charge, but then the Zeigler ruling would take affect and since the numbers affected by the protest are small and not really harmed (a few hours delay is nothing to them) then the rights of the protesters to protest would counter-balance the rights of the quarry users to travel freely. So long as no emergency services are blocked then the protesters have the moral high ground.
@@TheSadButMadLad interesting
I just finished watching. That notorious false arrest, disgusting, the police should be ashamed.
working on behalf of a private company...Shame on them...
I was wondering, are the police on the side of those protesting against smells that make them and their children sick or have I missed something?
Respect DJ for the in depth coverage of the protest now if it is a private rd can you be charged with a public order offence . ? .
You guys are awesome. STOP THAT STINK!
Every officer here should be ashamed of their job and their colleagues and their bosses. Do the right thing and start saying "NO" when asked to break your oath and abuse your powers.
Imagine if a protester got in their car and tried to run over the line of police like the truck driver did to the protestors. If they made threats of violence and swore at the police too I wonder if they would tell each other to ring 101, or arrest the driver?
I'm originally from stoke on Trent, grew up around burslem/Hanley, and it's good to see you shedding light on these kind of issues bro keep helping the community🤟🤟
You were definitely too nice to all those police at the end there. You just watched them illegally arrest someone and then you thank them all for it! I kinda wish you would have given that inspector some shit for sanctioning the arrest using powers that were not relevant.
He was getting their faces on camera each to be accountable for their actions it was clearly a insincere thank you.
DJ, The entrance up to the quarry is I believe private property. The Police using the Highway Act on the protesters. Surely legal advice can be sought on the matter. If it turns out the Police were acting unlawfully sue them.
It is, fundamental that the Public have faith the Police will uphold, their oath discharging their duties according to the law.. Regrettably at the quarry, it seems the Police are quoting different acts to suit their needs.
DJ, when you asked, the Police Constable, about the comment to the lady that where you were standing was the highway. The Police Constable said he was referring to and clearly pointed to the main road as the highway . ( Not where you and some protesters were standing the driveway to the quarry ).
The Police are wasting taxpayers money by guarding the quarry. The owner of, the quarry, should be made take out an injunction which would necessitate paying legal fees..
Are the Police on overtime and is the quarry owner,contributing towards the cost of the Police at the quarry.
I wish them well in their fight to stop the smells
l
I think I heard the officer say sec 57 highways act. (think the officer is talking bollocks)
57 Default powers of highway authorities in respect of non-repair of privately maintainable highways.
(1)Where a person is liable under a special enactment or by reason of tenure, enclosure or prescription to maintain a footpath or bridleway which, in either case, is a highway maintainable at the public expense, and the highway authority for the highway repair it in the performance of their duty to maintain it, they may, subject to subsection (3) below, recover the necessary expenses of doing so from that person in any court of competent jurisdiction.
It says that where there is a right of way (footpath, bridleway, ect) and the landowner fails to maintain it then the highway authority can do the work and then take the owner to court - nothing to do with this event... total bollocks
The right to protest is just as important as any other rights. It is essential that people exercise their rights in a way that doesn't prevent others rights. Stay off the roads, go and protest in front of a government building. The right not to be run over by a car is nullified by someone being stupid enough to stand in a roadway just hoping that they do not get hit.
When your trying to get this type of issue sorted its always good practise to work on you local councillor's. Ask them to intervene, if they don't, start shaming them. Trying to get police on your side is a waste of time, they simply don't care because no matter what the outcome they will still get paid and have a job, not so for your councillors, they are voted in.
According to other comments it was the Environment Agency that allowed the dump to operate, and overruled the Council.
Jimmy The councillors are probably just as corrupt as the local police. 💩💩
That was brilliant *DJ* 👌🏼 It won’t be long before we see you on ITV or BBC doing the news 💯👍🏼
Again I won't speak for him but working on the assumption he's anti corruption he'd never put his names to those criminal entities.
Children pretending to be police. No one under 30 should be a PC. And at least have a grasp of the law they enforce.
Did the Driver of the lorry get reported? Thought todays video was going to be a carry on of yesterday .
Yes Paul me too!
I hope the people with disabilities and their families and supporters took the police to court and had their cases upheld. Vile shameful behavior by those who swore an oath to protect us. My heart broke for those who they manhandled and caused pain to.x
The locals should boulder the entrance at night time.
Top reporting.
Nice one DJ
A brilliant audit that is thought provoking due to the clear abuse of powers for political reasons, often based on incorrect law as DJ has proved by doing some excellent digging into the subject via the Land Registry. This series of audits are all absolute gems, excellent work.
As the founder of modern democratic policing, Sir Robert Peel said,
" The police are the public and the public are the police. Consent comes from the knowledge that your police officers are impartial and accountable for their actions."
On 29th September 1829 the first 1,000 Peel's policemen (AKA Peelers, later Bobbies) dressed in blue tail-coats and top hats, patrolled the streets of London.
After he established a permanent police force in London, England, Sir Peel went on to become Prime Minister - twice.
Consent in law has not been given by the public and the belief that the police have any authority is illusionary.
They don't send out this lot when you're shed gets brocking in to.or your garden home has been abducted by the local underworld...🤣
Top cop's at the same lodge
You are a good asset keep it up
I would love to comment on this video but as I have tipped 1 load in that hell hole I had to sign a non disclosure agreement as every wagon driver that goes in has to. Great video.
Corporations protecting Corporations!
Im sure i saw this last week, either that or he has been arrested once before and lay ion the floor then aswell
Reminder set!
DJ, the wording of the Highways Act 1980 in no way implies the person committing the offense has to be on the public highway at the time.
Section 137
(1)If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding £50.
(2)A constable may arrest without warrant any person whom he sees committing an offence against this section.
If you prevent access to a highway, you can safely argue "you obstructed someone's passage along the highway" as "passage along the highway" can be past, present or future tense. You are advocating as if it only applies in past/present tense.
DJ spinning the decks of Auditing 👌👌 big P - Northern Ireland
Good man Joe, what a trooper.
I hope this company pay a lot of tax because I can't get one to turn up for spray paint on the side of my house becase thats not a crime apparenty. !
Sadly company entities have more rights than actual human being now, and it doesn't matter if you are a citizen or an employee.
We can thank the courts, greedy managers and corrupt union representatives for that, oh and spineless authorities for "Just doing their jobs" disgusting, and justice will not see those "Just doing their jobs" as innocent.
Your times will come very soon and there is no way you won't go unpunished for these crimes against the public.
In the works, hold the line
Bacon fries when it hits the pan ;)
I see that the EA have suspended Walleys from working as of 5th March 2024. If thats true..well done to all the protesters and to DJ for highlighting their fight 👍
Rozzers doing Captain Kirk impressions … phasers on stun 💥
GD TO SEE ALL THE TYRANTS FACES AT THE END A WEE WALK OF SHAME OF SORTS THEY HATED THAT KEEP DOING IT PLS😄🙏
That police officer should be arrested for unlawful arrest and disciplined
Police now reported parking up in the cemetery. Sinking to their lowest respect in this matter. Who the hell is in control of these animals?
Good question, tug the strings of a puppet to find the master. Depends how far up the chain you want to go until you get no strings.
These "so called" police need to hang their head in shame. Protecting a private business, it's so obvious and shameful.
When their head in shame is superfluous - Treason.
It would be nice if they defended our housing estates from criminals and yobs with the same rigour
Generally a highway/roadway includes the actual road where vehicles drive and also the grass and/or footpath area, it is bordered by a ‘front fence/boundary’ where private services such as letterbox, gas, water connections may be found
Anyone put into a police van after arrest should feign heart problem so police have to take them to hospital as they have taken Duty of Care.
Inspector '.ACOCK' - unfortunate case of jacket obscuring his name tab !!
Well spotted. 🤣🤣🤣
Someone needs to superglue the padlock at night or concrete the gates shut 😂
It's this a repost?
Anyway, I'll repeat my comment from the other video.
12:20
Although I see where you're coming from here, it is still a highway.
As you know, section 33 CJA 1972 says a public place is basically anywhere where is publicly accessible.
And in a public place public rules and laws still apply so can be arrested for obstruction.
Hence why you still need the correct license/tax/MoT for private land if it's publicly accessible (such as car parks, industrial estates, service stations....).
The highway laws do not apply inside those gates but certainly does out of them.
There is a short overlap where I was live and also recording on the main camera in the other hand. Its only a short duplication so I hope you can forgive me.
I understand what you are saying but there is real hypocrisy from the police in their actions. When insulate Britain were blocking major roads causing misery to thousands, even stopping an ambulance the police did nothing to either stop them or remove them but prosecuted the lady who tried to get through. In my opinion it's not for the police to decide who is and isn't allowed to protest, they should apply the law evenly.
@@DJAUDITS absolutely forgiven. I just got confused (it's not hard to do 🤪)
@@nigelheath7048 I agree. The law is the law and should apply to everyone all the time.
But just because one group wasn't dealt with in the way in which most felt they should have been doesn't mean other groups shouldn't be be.
I agree it's inconsistent but that doesn't mean this is any less of an obstruction based on different events.
Actually the area the protestors are on is maintained by the owners. Under the Highway Code it’s only deemed a Highway if it’s maintained by the Government.
The PC says - Let people go about people doing their LAWFUL Business WHAT DUMPING TOXIC WASTE! Police being WELL PAID How much is this costing to MAN ALL THIS! And we are paying for this SHAME ON THEM ALL! The Police seem to be sticking up for the WRONG People! ---- KEEP FILMING!
What are the chance that 30 police would turn up to protect your home? The chance that 1 would turn up is almost zero.
Not that I am any type of expert but based on your explanation the Police are acting corruptly,
I wonder if anything can be legally done about it?
I think the argument over whether it's a highway for this particular case has gone to court and it was established that it's a highway
@@TheGallifrey123 ok if its a highway the rules of the road must apply , pedestrians have the right of way, so form a single line of as many people as you can and walk across as slowly as you can until its time to go home lol simple
Legally no, since the legal system is fraud it would be unlawful to engage in a legal battle against them knowing that it is fraud, lawfully however yes, now based on jurisdiction we've had to use military to tackle this because the crimes are against humanity and treasonous. Whilst we don't appear to see the trickle down on the surface nothing can stop that which is pre ordained, their goose is cooked, we witness their crimes - records are made and then come judgment they are accountable to them.
Mate would love u to have a look at hutchinson's engineering in sutton-on-trent near newark they have 3 site would be a very interesting place because they are a very interesting people that work there 😅 great video mate 👍 👍 👍
Why don't they do what the French do,get a tractor,fill it with something very nice,and bung it on there door step
The highway boundary tends to go in a couple of meters to be in line with the footpath. I think if you were to go closer to the gate they can't say you're obstructing the highway. That's probably why there is a line of police on the gate stopping you getting there as they would need an eviction order to remove you
YES AGREED
The road in to the site was replaced about 6 months ago ,I wonder who by
Yes, that is a crucial question.
Alternatively, simply get a bunch of pedestrians to walk across the drive, spaces such that the lorries can’t get it. Then cross back. Perhaps walk 20 feet past and then reverse. Walkers, canes, oxygen bottles, those ORS’s would be hard pressed to move beyond a snails pace.
I think if its "adopted by the Council, that road junction up to the gates".
Question is who repairs - tarmacs, fills potholes, and does white lines for this juction, would answer if its private or not.
Definition of "Highway": a main road, especially one connecting major towns or cities. This definition doesn't seem to mention anything about private enterances.
SUE THE COMPANY FOR ALL CLOTHING AND SOFT FURNISHINGS IN UR HOLMES EVERYONE GET TOGETHER SUE THEM TO THE HILT