The Guernsey Boys took the law into their own hands
Mark Ogier recalls the history of the car park at Cobo and the role played by The Guernsey Boys in 2009 before the matter was resolved in the courts
THE ownership and use of the Cobo car park was in dispute regularly throughout the latter years of the 2000s.
When cars were seemingly abandoned in the parking spaces, Thomas Holroyd, who claimed ownership, at one point arranged for boulders to be placed around the area, effectively cordoning off the car park.
These were removed by the Castel constables, who had the area resurfaced and improved for continued use as a parking area.
Mr Holroyd went on to buy, insure and then leave a number of old cars on the land to take away the parking spaces.
These were removed in August 2009 by a group calling itself The Guernsey Boys, which included prominent businessmen.
On the afternoon of Wednesday 5 August that year they cleared 24 cars from the site in little over an hour, using eight trucks. Police were on site the whole time and filmed the process.
‘It is bad for the island as a whole,’ said auto restorer John Thompson, who was among the group. ‘We were apprehensive about this, but we had to do something.’
Mr Holroyd said at the time he was unaware of the actions and would be contacting the police. Police on site said that nothing illegal was taking place, and actually commended the sense of community spirit being displayed.
‘Everyone seems to have banded together and has grabbed a brush to help,’ said one officer.
Rodney Brouard, from Stan Brouard Ltd, was also involved in the clear-up operation.
‘It was a real mess down here. Companies in the area were suffering and there was a risk people could get injured. Last week I came down for some chips and there were no places. It was ridiculous,’ he said at the time.
‘We called around a lot of companies and nobody we asked turned us down. It is great everyone was involved.’
He admitted the group were rather concerned that they might be arrested.
One Cobo resident’s parked car was caught up inadvertently in the clearance operation, but even he welcomed the fact that the car park had been cleared.
Sandpiper, operator of the-then Checkers Xpress supermarket, was pleased at the move too. It had been facing a £120,000 annual bill for use of the car park.
The car park hostilities appeared to die down after that but started up again through the courts in 2017.
AW Holdings took the parish constables to the Royal Court, claiming that it had bought the land from Kathleen June Holroyd – Mr Holroyd’s mother, the dame of the Fief de Carteret – in 2007.
The company wanted the land reinstated to its former condition, which would have involved the removal of Tarmac, kerbstones and signs, as well as the replacement of the boulders. Damages of £10,000 were also claimed.
The court case heard detailed historic evidence from States Archivist Dr Daryl Ogier, who outlined information and references to the Fief de Carteret going as far back as the late 1200s .
This chapter of the story concluded in March 2019, when then-Bailiff Sir Richard Collas ruled that the land was not in private ownership, and was vacant land of Fief de St Michel which the constables had managed for centuries.
He said it did not lie on Fief de Carteret and therefore there was not enough evidence of possession for the plaintiff to demand the constables to take the requested action.
As such, the constables had the right to manage the disputed land on behalf of parishioners and other members of the public, ‘subject to any views the Crown may express while respecting the historic common rights to dry seaweed and to lay up boats’.
However, AW Holdings appealed this decision and in March 2020, Sir Richard’s ruling was overturned by the Court of Appeal, which based its ruling on a 2007 conveyance and said that in its view the land was part of the Fief de Carteret.
HM Receiver General lodged its own appeal against this ruling to the Judicial Committee of the Privy Council.
‘As a result of subsequent negotiations, Her Majesty’s Receiver General is pleased to confirm that the future of Cobo car park has finally been resolved following an amicable agreement between the parties to the dispute before the courts,’ said a spokesman for the Receiver General’s office.
AW Holdings agreed to transfer the car park to the Receiver General, representing the Crown, and the parish constables will continue to administer the site.
