'I could lose my business and another £25k in court case against WNC’ – Northampton Market Square food van owner speaks out
A Northampton Market Square food van owner has spoken out after a court hearing brought against them by West Northants Council.
Ciro's Place and Fryin' Brian food vans appeared at Northampton County Court on Thursday July 16.
They were initially told to vacate by 8pm on April 24 after West Northants Council terminated their trading arrangements.
In a letter sent to the traders in April, the council said: "Changes are required to the standards, mix and overall quality of trading operating on the square as part of an ongoing place shaping and market improvement programme."
At the hearing, District Judge Glassbrook ruled the matter should proceed towards a fast-track one-day trial, which is expected to cost at least £25k take place in around 14 weeks.
The judge said there were questions still to be answered over the council’s claim that the traders were operating under a tenancy at will.
He said the position was not “completely clear-cut” and questioned how the terms of such an agreement could apply if it had not been signed.
Andy Starsmore, 63, attended the hearing to support his son Paul, who runs Fryin’ Brian, and help prepare the family’s defence against the council’s legal action.
Following the hearing, Andy, who has cancer, said: “I'm overwhelmed with the nature of everything. I'm very much grateful for the extension to give us the time span to look for legal representation, which with the notice we had prior was certainly not sufficient to look for representation.”
He added: “We've got to carry on from here to get the correct legal representation rather than just my internet searching to try and put something together.”
Andy criticised the way the council had handled the situation.
He said: “They've extremely, for the want of a better term, unprofessional.”
He added: “We've remained loyal to the market with continuing trading, running down at Commercial Street, running at a loss, then coming back as we indicated that it was all going to be beneficial for all traders, without any traders there, as is happening at the moment, being singled out for removal from the site, without any rationale that we've been made aware of.”
Asked whether he believed there was a reason behind the council’s decision, Andy said: “I think it would be unfair for me to speculate upon that at present.”
But he said he was disappointed with the council’s approach.
Asked how he is managing the extra legal duties while working full time at Tresham College supporting pupils with special educational needs and disabilities (SEND), Andy said: “It's a lot of stress on me. And with working full-time and dealing with my health conditions, which includes prostate cancer, it's a lot to try and get my head around. I just need to get my head around what's been done and plan out the next stages.”
The judge warned that a one-day fast-track trial could involve costs of around £25,000, with the losing side normally responsible for the winner’s costs.
Andy said: “If we lost on the day, then if we don't do anything, the business is lost, that we've already set up, and that seems to be a consideration they don't want to bear in mind.”
He added: “You kind of lose either way. It's either losing a business that we've purchased, built, and in addition then to incur the costs of the entire process if we didn't, but if we didn't pursue it, then we've lost straight off there and then.
Fryin’ Brian has confirmed it intends to continue trading from Northampton Market Square until the trial takes place.
The hearing also heard that Ciro’s Place had now left Northampton Market Square after vacating its pitch on Monday.
The move leaves Fryin’ Brian as the only trader continuing to fight the council’s legal action.
Joao Frade, who operates Ciro’s Place, told the court he did not want to continue with the case.
He said: “I would like not to go to court.”
He added: “It took me time to move the van and I'd like my charges to be waived.”
District Judge Glassbrook said that, as the council accepted Ciro’s Place had given up occupation, any dispute over costs should be discussed directly with West Northamptonshire Council.
Speaking to the Chron earlier this week, Joao said: “I’m tired of not achieving anything with the council. They won’t negotiate with me. So I’ve decided to give up. I was never going to get to stay in the market. I didn’t see the point any more.”
The court also heard from Jovanka Kolar, 76, who owns Ciro's Place.
Speaking emotionally, she told the court about the history of the business and her late husband.
She said: "In memory of my husband, who started this business in 1997, as a refugee of war from former Yugoslavia, we were helped by the former borough council and lasted until this lot came into power.
"My husband died in the trailer in March 2007 after being attacked by young drunk people. I carried on. I was very proud of being part of the Northampton community - everyone knew everybody.
"This decision, being given four days to leave after being 29 years on the market, I felt like it was a kick in the gut. I just think we were picked out and picked on.
"I think that's not the Britain I was proud of. I'm proud to be British, but not being treated as the last human scum. I have never been contacted, never been sent any letter, spoken to only one person on the phone. I feel degraded and like a rubbish person. Sorry for being emotional."
District Judge Glassbrook responded: "On a personal level, I have sympathy for you. On a professional level I may not. Let me explain. The law is not a sympathetic thing. What I have to do is look at the facts of the case, look at the law and give a decision whether I like it or not. The other thing I can say is it is open to you to go and get your own legal advice."
Jovanka replied: "I'm 76. I've had enough of everything. I'm done."
West Northamptonshire Council previously stated it would not comment further while the case was progressing through the court.