“I think we have a good case”: Trial date set for Northampton food van’s fight with Reform-led WNC

Andy Starsmore, whose son Paul runs Fryin’ Brian food van, is continuing to prepare for the one-day hearing as the family fights to keep the business trading from the square.

A target date of November 24 has been identified for the trial, according to Andy, although this is subject to change.

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 the Reform-led 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 July hearing, District Judge Glassbrook ruled the matter should proceed towards a fast-track one-day trial, which will cost the loser £25,000.

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, aged 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.

Speaking to the Chronicle & Echo, Andy, who has cancer, and works at Tresham College where he supports pupils with special educational needs, said: “I think we have a good case. It’s a hell of a lot of work. If we win on the day, I’d be putting a claim in for the stress it’s caused and the amount of time that I’ve had to spend on it.”

Andy previously 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 has handled the situation.

He said: “They've been 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.”

On the potential legal fees if he loses, Andy said: “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 continues to trade from Northampton Market Square while the dispute progresses.

Ciro’s Place has since left the market, meaning Fryin’ Brian is now the only one of the two traders to continue fighting the council’s legal action.

Joao Frade, who operated Ciro’s Place, told the court he did not want to continue with the case.

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 in July, 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.

She told the court: “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.