Ownership of Cobo car park dispute returns to court

The company that claims ownership of the land will again have its case against the parish constables heard early in December, after preliminary proceedings at the end of last week.

While previously the plaintiffs were actioning two named individuals who were constables, its case papers have been revised to be against ‘the Constables of the parish of Castel’.

Another change from the original application is that now HM Procureur and HM Receiver-General have been joined to the defendant as parties in the action.

AW Holdings is claiming that it owns the land and is calling on the constables to reinstate the area to what it was before it was resurfaced and signs and kerbstones added.

It also wants boulders put back to stop cars using the area.

The plaintiff also seeks £10,000 in damages for ‘trespass and conversion’, as well as a declaration to the effect that the constables have no right to carry out any works on the land or to control its use or allow anyone else to use it.

Finally, the company claims against the constables, HM Procureur and HM Receiver-General ‘a declaration that the Plaintiff owns the property’.

The ownership of the land has been at the heart of the row and in their defences the constables deny that the company has any right to deny them right of access to the property, and denies every allegation made against them. They demand proof of any loss or damage.

Proof is also being demanded by the Procureur and Receiver-General, who deny that the plaintiff is able to establish that it is the owner of the land.

The background to the dispute

The dispute over the Cobo car park arose after Thomas Holroyd’s company, AW Holdings, bought the Fief Les Carterets from his mother, Kathleen.

Mr Holroyd claims that he is now the owner of the land.

That led to the land being withdrawn as a car park and boulders being placed around it.

The parish constables had these removed and had the area Tarmacked and improved for continued use as a parking area.

At one point Mr Holroyd, bought, insured and then left a number of old cars in the area to take away the parking spaces, but these were removed by the self-styled Guernsey Boys, a group which included prominent businessmen.