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Wivenhoe Town rent offer may have come too late


FOOTBALL bosses have offered to end a row which has locked them out of their ground, by handing over £10,000 in backdated rent.

Wivenhoe Town had been banned from entering Broad Lane by ground management company, Wivenhoe and District Sporting Facilities Trust.

But club chiefs last night offered to hand over a cheque for the full amount owed.

The trust says the gesture is too late, because the February 15 deadline has already passed.

After making an inspection of the ground on Tuesday, it says it is unhappy with the condition of the facilities, and the next tenant may not necessarily be Wivenhoe Town.

Andrew Nightingale, trust chairman, said: “When the money was not paid by the deadline, we terminated the agreement with the football club.

“Now we have to look at what new agreement we would put in place for anybody to come in and use the ground.

“We have concerns regarding some of the facilities. It is not simply about the football club’s failure to pay the money. The concerns are wider.”

Wivenhoe Town, known as the Dragons, were due to hold a meeting last night to discuss the rent row after the trust changed the locks to the ground on Tuesday.

The club does not deny withholding rent from the trust, but maintain they has been willing for several months to pay up.

Bosses claim they only delayed handing over the money because they wanted a legally-binding contract between the club and the trust. Now they say they are willing to bypass the red tape and pay immediately.

Club president Nick Murphy-Whymark said: “We have been trying to pay for months, but they won’t accept it.

“If they don’t take the money, it will prove they simply don’t want the club to be at Broad Lane.”

Wivenhoe Town could face eviction from the Ridgeons League, or even extinction, if they cannot fulfil fixtures and have no base.

The sports trust, which manages Broad Lane and passes rent to the site’s owner, Colchester Council, says the club had ample opportunity to pay, but ignored its approaches.

Comments(23)

Feisty CBC says...
10:28pm Thu 11 Mar 10

If the club are willing to pay what's the problem? If the trust won't take the money the council should intervene immediately. £10k might buy some corrugated iron for the roof of the VAF.

servedcold says...
11:48pm Thu 11 Mar 10

The suggestion seems to be that the Trust have got another tenant in mind (or maybe even lined up.)

Green and Gold says...
8:42am Fri 12 Mar 10

Mr Nightingale, please stop hiding behind stories and tell the truth. the facts: The Club had paid a sum of money into an escrow account, as yuo requested. payment was subject to you proving the amounts you claimed were owed. club honored its part, the Trust did not. Fact: The Trust was set up to increase and enhance the facilities for the inhabitants of Wivenhoe and surrounding areas. You cannot now say that the facilites are rum down. the club has occupied it and kept it in the same condition it was taken over by. Therefore, what have the Trust done to raise funds for the improvement? You received over £16,000 from Yakult and not one penny of that money went in to improvements of the facilities. Instead over £12,000 went (well I am not sure exactly) but you say, to three Universities, of which, one was Essex. are you not an employee of Essex University Mr Nightingale. if you recall, the club requested copies of the Trusts bank statements because your own accounts did not add up. at that point, around March 2009, the club's two ex-officio Trustees were excluded from the Trust. One Trustee resigned over this issue didn't he Mr Nightingale? The Trust told us Mr Nightingale that the money was piad over to a sports consultancy group. These are the facts Mr Nightingale, perhaps you will now publicly go on record and tell us what really took place? And in all of this, the Council has done nothing. They are according to the head Lease supposed to audit the Trust, did they, no they did not. Do not point the finger of blame at the Club Mr Nightingale, it honoured its part of the agreement. Finally, the club due to the Trusts negligence (even you admitted this), was ensuring the whole facility at Broad Lane for public liability and they have not been tyhanked or repaid the money have they? When a vote of no confidence was overwhelmingly against the Trust and the Trustees serving, your only answer having agreed to the vote was, we don't have to answer to the publib. OK Mr Nightingale, for the Reocord, who do you have to answer to? The Trust and the Trustees are a bunch of hippocrits and whilst the club may be out of a home for now, they will not fold and when the the truth does come out, I trust you will hang your heads in shame. Mr Nightingale, please can we have your responses to these questions, for the record set us straight.

wivunited says...
9:01am Fri 12 Mar 10

Feisty CBC wrote:
If the club are willing to pay what's the problem? If the trust won't take the money the council should intervene immediately. £10k might buy some corrugated iron for the roof of the VAF.
A charity trust is set up to support the community? They are clearly not doing their job. Colchetser Council should disband this organisation with immediate effect. They are a bottleneck in a simple process. No accounts/getting university staff to do their dirty work, underhand behavior? Why are the police not involved? This is a facility for the community of Wivenhoe, not the University. Take them to court...good luck you have the support of us all. These people should be locked up.

go dragons says...
9:45am Fri 12 Mar 10

I wish the facts would hurry up and come out about this. I refer to the real story that both the Trust and the Wivenhoe chairman aren’t telling us. These are the following. An attempted landgrab has taken place; and it is not the one that affects our beloved Dragons. All of the last season our Dragon’s Chairman has had a business plan to put right our financial woes. In short the goal has been to gain control of the 2 youth clubs at Broad Lane: these are Wivenhoe Youth and Tempest. Between them these clubs tenant the 6 pitches outside of the Dragon’s stadium and gross nearly £50,000 per annum. When simply inviting these clubs to join us stalled the plan was to discredit the Trust by claiming it to be an illegitimate body; this is why we complained about them to the police and the Charities Commission and why haven’t paid any rent and broke off communication with them for months. The hope was the trust would fold and the Council would give the Dragons the leases for all of Broad Lane. We could then either absorb the youth clubs or evict them and gain control over 350 juniors, all the pitches and of course the £50,000 a year. This was how the future of our Dragons was to be ensured. Here is why we have gone into youth football with our under 9s. Of course this gamble perpetrated in our names hasn’t paid off as the Trust didn’t just roll over and go away. This is also why the Council has no sympathy for us. These are the facts whether or not our Chairman admits to them.

setbuilder says...
9:47am Fri 12 Mar 10

The fact that the University are making more and more changes to the Campus (destroying a lot of the open wood and green land to put in more accomodation, roads and car-parks) seemingly in a bid to get more money from overseas students could have a bearing. What was once a beautiful landcaped area (apart from the monstrous towers) is now becoming a high-rise village - and I was led to believe that the University were supposed to keep the open spaces in line with the original views when Wivenhoe Park was obtained.
Maybe they'll now use the football ground for all the extra students' cars that they cannot accommodate due to over-subscription?
Andrew Nightingale is, I believe, in charge of the Estates section at the University.
The recent 'noise' protest by students is because of the problems relating to new building work disruptions near the students' accommodation.
Last year there were huge protests over clamping in the car parking areas leading to the firm employed losing the contract, and this year parking is a huge headache for the students and staff.
I believe these issues are handled, in most part, by the Estates section.

Green and Gold says...
11:05am Fri 12 Mar 10

Go dragons, two words, smoke and mirrors. Again, the trust still refuse to answer the questions on their conduct over the past fourteen years and most recently, to do with their handling of the Yakult money. Even if you are right about the clubs plans, which is denied, the fact is still this, the club WOULD ensure development in the site at Broad Lane and therefore the youth would have a reason to want to come and play there. Perhaps you could answer the Trust question then, where did the £16,000 worth of Yakult money go? Answers please. That is money that went out of the site to external agents or agent! Why was the money not spent on the site? Like I have aid, the club paid the money into an account which was subject to the Trust providing the document to prove it was owed, they didn’t. Finally, forgive the club for not believing the Trust when it was mislead in public over the Yakult money. They also provided accounts which didn’t add up, and believe me, these were basic sums. They also have still after repeated requests failed to provide their bank statements to check against the accounts. And they accuse the club of ignorance and acting in bad faith.

go dragons says...
11:22am Fri 12 Mar 10

I don't know why you are asking me about the Trust. The Trust are a bunch of no-hopers: this is why they were singled out by our Chairman as the weakest point amongst all those conerned and why we have attempted to organise thier downfall. I only know about what we were trying to do at the Dragons: discredit the Trust; be awarded resonsibility for the leases of the youth clubs form the Council; force these clubs to amalgamate with us or face eviction thus gaining control of the £1,500 per week subs these kids pay during the season so that we could expand our club. Of course I want the Dragons to continue. But do you really want our future to include destroying 2 long-running and financially independent youth clubs thus making 350 young footballers homeless so that we can achieve our Chairman's expansion plans. These clubds and their kids have done nothing to us and because we have bullied them - and when this didn't work the Trust - we have lost sympathy with the Council and maybe even the community at large. We have all been a party to these activities that have been done under our banner. Our best chance for the future; get rid of our Chairman; apologise for our treatment of the youth clubs and the Trust over the last year and rebuild modestly in an above-board manner and never mind these grand and mostly secretive expansion plans to create a Wivenhoe superclub for all ages.

totallyfootball says...
11:46am Fri 12 Mar 10

This gets more confusing by the minute, so far all the pushing seems to be by the voice of the football club. Why has the trust not put a case forward, they cannot ignore the knocking on their door and hope that it goes away? And why has the Council not got involved, they are a party to it as well? And why is the newspaper (loose term) not got more involved after all there is a story here why are they not asking those involved other than the club the questions? The longer this goes on the worse it will get. There are a lot of assumptions and if the trust don't step in to line and answer the questions soon then the club should take the only route open to them, the courts. The trust has a charter, a committment and an obligation, time for them to stop hiding and face the music before there self assurance (can't see what else it is) will be called to account. I can see this getting very ugly and I for one would not want to be one of the trustees named in this shambolic piece of carnival politics.

go dragons says...
12:12pm Fri 12 Mar 10

I agree with a lot of what totally football says. And let me state from the outset that I want the Dragons back at Broad Lane and am no friend of this Trust. But I am not so sure that is accurate to say that the Trust is secretive; they are more cowardly and ineffectual, unwilling to be the first to sling any mud, and sitting their quietly hoping this will all go away. In reality they are just a bunch of guys charged with making a bank account balance as in the past the parties concerned had trouble doing this for themselves. The Dragons themselves were involved in setting up the Trust to ensure these books balanced. But our Chairman at the Dragons is being secretive and he needs to give us the facts. For example did you know that over the last season this Trust has made repeated attempts to give us very generous rental terms? The most fantastic of these was that if we started to pay at least some rent then the repayment of our backrent would be indexed to us winning the league in the future! That is almost the same as saying forget the backrent just start paying us something to occupy the site. These guys - hopeless as they are - have actually tried hard not to go down in history as those that evicted WTFC. But our Chairman just didn't answer these letters. Why? Because at the time his policy was 'ignore the Trust'. When they show a loss - a loss because we don't pay rent - we can charge them with misconduct/mismanage
ment, rake up this Yakult issue and the Council can step in. We can then state to the Council that we haven't been paying the Trust or answering their correspondence because we don't recognise the legitimacy of this body and hopefully gain control over the leases for the youth teams who control the extra players and pitches that have been part of the Dragon's tragic expansion plans.

Green and Gold says...
12:33pm Fri 12 Mar 10

Go dragons, you are obviously very short sighted. You need to account over the years that it is the Trust who have presided over the entire goings on at Broad Lane. I say this because they feel they have a god given right to involve themselves in the running of the clubs that occupy the site, wrong. There job is to raise funds for improving the site. It is very naïve of you to assume that the Chairman’s plans are flawed. Ideas are just that, some people have loads of ideas but none are willing to implement them. Why crucify someone for having ambition? Getting back to my point, the Trust presided over the club way back when it was in difficulty and in fact, was party to the stupid signing of a previous manager and payments to players, all in the Trusts backyard and with their knowledge. Along comes a Chairman, brings in Julian Dicks, what a coupe that was, turns the clubs debts and fortunes around and guess what, the Trust say hold on, we are not used to being excluded and we don’t like it. The club are looking ambitious and we cannot have that can we members of the Trust. I am all for having opinions go dragons, but how about the facts and MOST of ALL, how about some answers to my questions above from the Trust. Let them go on record please! I commend the current Chairman for his vision and his strength of character to stand up to the Trust. For the record, the Trust turned away the investment that was lined up for the site and the reason Julian Dicks left, great going guys!

go dragons says...
1:10pm Fri 12 Mar 10

Calm down Carl. I am not from the Trust and I agree that they are idiots. Perhaps they are being silent beacuse they are just cowards but it may also be a legal position as we have theatened them with legal action. But we have behaved shamelessly oursleves.
Read my comments above. We have recieved over a long period of time constant, and even generous rental terms, and simply ignoring them for the purposes of politiking and jockeying to be in a position to be awarded the Trusts responsibilities by the Council so that we might evict two innocent sports clubs. This is not only against the spirit of the Dragons, but agains our community spirit and even the spirit of football itself.
This trust - which should never have arisen in the first place - has to try and balance its books because it also has a responsibility to Wivenhoe Tennis Club, Wivenhoe Youth FC and Tempest FC to keep the site in operation. That is over 400 members of sportsclubs whose future depend on the grounds being viable. Our relationship to these sportspeople this season has been to shamelessly and underhandedly try and displace them form their sportsground. And - here is the most important fact of all - we didn't pay the rent for ages forcing this Trust to repeatedly implore us to. We did this on purpose. We forced this Trust to either disappear or to lock us out and because they are such wimps it took them a year or so to choose one of these options.
But think about the situation we put them in; they had to lock us out so they could scramble for another tenant to get some money coming in to keep providing a venue for these 400 other non-WTFC people who use the site. They might be idiots at the Trust, they might be fumblers, they might even be a bit crooked, I don't know, but what I do know is that we purposely forced them into a corner by with-holding rent and got shocked when they didn't surrender but came out fighting.
I am also surprised that you seem to be so OK with our club attempting to blackmail these kids clubs after our attempts for them to be voluntarily absorbed into the Dragons floundered.

Green and Gold says...
2:30pm Fri 12 Mar 10

Sorry to dissapoint but thisis not Carl, do try again. With a final word on the subject, please explain why in July when a cheque was paid to the Trust for £1000 and then wasn't cashed followed by another cheque in January for £500 was paid to the Trust and both payments were returned. Hardly seems to me that the club had no intention of paying does it, or did you choose to ignore that bit of evidence? Point to note, if someone doesn't pay their mortgage payments for some time and the bank force sale, if they then come up with the money all is forgotten and their friends again. Point is, as much as I hate banks, they are reasonable compared to the Trust. Still I note no statements from the trust to answer my questions. Finally, with regards to the junior section, it was merelyan invitation to join, nobody was holding a gund to their head to join forces and put simply, under the head lease they would have still been able to play at the ground. with regards Wivenhoe Youth, it made logical sense to form an alliance with them because as much as we want our youngsters to go on and play at the highest level, we also wished to retain locals to play for the club and go on to be on the committee when their playing days came to an end. Not everyone can think short term go dragons.

Sparkfilms says...
2:33pm Fri 12 Mar 10

I'm not quite sure what is going on here. Let's hope there is a solution to this.

Broad Lane is a lovely set up and although I only see The Dragons play several times a season it's always been a friendly and peaceful place to watch football.

This would be a great loss not only to the people of Wivenhoe but to all that visit the ground and surrounding areas.

Let peace prevail.

go dragons says...
3:56pm Fri 12 Mar 10

I told you above green and gold that I have nothing to do with the Trust so I don't know why you keep asking me questions about their prodeedings. I am not a defender of this Trust I am a loyal Dragon's supporter. I am just putting out a few facts that most of us Dragon supporters haven't been told by our Chairman so that we might understand why we have been targeted like this. If I had to guess why they refused this last £500 payments from January I would probably be wrong; but it might be because by this time we had already made our moves to publicly discredit them. Perhaps it is because at least one registered company - Chairman Carl Callan - lists its address at our premises which they claim violates a lease given for a sports club and not a listed commercial venture paying profits to shareholders. But as I said I may be wrong why they refused this payment as I don't know what goes on this trust, but I am aware of a lot of the schenanigans - see my entries above - that have been going on under the banner of the Dragons.

totallyfootball says...
10:21am Sat 13 Mar 10

If I had sent payment for someting and the funs were returned I would want to know why? From the outside looking in this was not a charitable act but the beginnning of the end! Why didn't someone at the club do something then, surely the next step would be to contact the trust or if it had been me contact the council, state my intensions and get them to document the fact that I had made every attempt to make payment. I feel that this is a massive oversight and perhaps a slight bit of ignorance/naivity on both parties. But lets stop tip-toeing around and get something sorted, the longer this goes on the stronger the trust will feel that they have a case.

go dragons says...
12:02pm Sat 13 Mar 10

Attn: Totallyfootball.

We were told why our funds were returned. In fact they weren't actually returned because they weren't genuinely offered.

Both the Trust and Dragons' management are currently quiet on this subject. The Trust are quiet as they snobbishly consider themselves above our little scuffle and because their lawyers are saying 'save it for court'. We are quiet because it is an embarrassment for us. Here's what happened as far as offers of payment and refusals to accept go...

The crux of it is that we placed conditions on the Trust recieving these funds from the third party account and they placed conditions on the funds being accepted.

They would only accept the funds if we signed up to being reasonable tenants. For a long time the set of terms that defined being reasonable tenants were things like; de-register the private company registered at this address it breaches the lease, sign a commitment to make future rent on time, promise to respect the autonomy of the three neighbouring clubs. Over this time they made a series of offers to us that in hindsight are increasingly desperate attempts to entice us to pull our socks up. One of the last - which we were crazy to ignore - was to index the repayment of the back-rent to us winning the league. This is almost the same as saying 'we let you off ever having to pay your rent arrears just behave well from now on'. More recently these offers appeared alongside a a threat - a threat which WTFC laughed at becasue we didn't think they had the bottle - the threat was sign up to being good tenants or get evicted. It is worth pointing out that although no-one loves this Trust the other three clubs - who between them rent the majority of the facility - have never had any of these sort of hassles.

Our conditions to them for us to release the money were designed to be impossible for them to agree to; that is if they wanted to ensure the longeviety of the other clubs at Broad Lane which is in their mission statement. Basically to accept our terms would be in effect suicide for them. The truth is we didn't want them to ever recieve these funds; fess up to this guys. What we actually wanted was to be able to say later once the council had stepped in to arbitrate the dispute that we did in fact offer funds to the trust but they refused them; there is a lot of this sort of talk going on now and it appears to be the only bit of this complicated story that the Gazette has really latched on to.

So truth is we never intended to give the Trust any money because it has been the goal of senior figures at the club to try and discredit this Trust; not that they ever had a lot of credit. We were trying to go over their heads and get the council to rent us the entire Broad Land complex directy.

I know this is very complicated but it has been unwinding over months and months. BUT IT IS NOT TRUE THAT THAT IS SIMPLY A CASE OF 'WE OFFERED THEM MONEY WHICH THEY WOULDN'T TAKE'. NOR IS IT A CASE FROM THE OTHER SIDE OF 'THEY NEVER OFFERED US ANY MONEY'

Dave Wig says...
9:59am Sun 14 Mar 10

we have a bad habit of hiding who we are so that we do not take any responsability for what we say or do .
I love the club Wivenhoe town fc , too many people are only out for the benefit of themselves and not what is best for the football club itself , there is a lot of truth in all that is said in all the comments but this will not take away the fact that we need to go back to basics and make the club work for all , even if that means a change ...............
those of you that know me will know my heart and best interests are and were in the football club .
So lets stop hiding who we are and get on for the sake of the football club , youth and adult alike .
ONE CLUB ONE WIVENHOE

totallyfootball says...
10:12am Sun 14 Mar 10

Well Go Dragons this is the first piece that I have read that actually shows some light that clearly identifies the problem. I thank you for your honesty and respect your comments! As my name suggests I am in it for the football aspect and like the big game feel that there is too much politics to ever make the game easy any more. My personal views are and were before reading your latest comments that the club were there own demons. Having played at this level many years ago and at Wivenhoe the past seven months have been a shambles both on and off the pitch. The revolving door of managers and players alike should have flagged up the problems a long time ago. Having watched the youngsters get smashed week after week with very little guidance has been painful to say the least and looking at the amount of support they were getting, I had wondered how can you sustain the required funds? It would suggest that the associated youth set ups has been the back bone of anything happening at Broad Lane and one of them I have some knowledge of. In short it would seem that WTFC have been blind and maybe ignorant to think that this issue was ever going to resolve itself and blatantly they seem to have dug an almighty hole for themselves. As for the who ever registered a private business at the club address may have prompted some serious questions and maybe some issues that the club would be better off without. From a football perspective there seems to be little chance of this being resolved, also if this does go down the path of legal proceedings there will be no winners other than the courts. Football is such a simple game, it's only people that complicate it and this seems to be a classic example of that!

sx boy says...
11:56am Mon 15 Mar 10

who are u all that seem 2 think they know so much about our football club i'm the ridgeons under 18 manager. who is "go dragon" " totallyfootball" "green and gold" do tell please

totallyfootball says...
12:12pm Mon 15 Mar 10

I have never stated that I know the in's and out's of your current football club that well but have knowledge and experience of years gone by. However when you start reading between the lines and the amount of comments saying various things you do get to know and glean a little bit more. You have done a great job with the youth it's a shame that some may not have been as conscientious as you! I think I know you and if I am correct I have known your father for many years and his involement in local football. I would like to point out that my comments are purely football based as I love the game and I am in no way connected with your club now.

sx boy says...
9:19pm Mon 15 Mar 10

thanks the boys have done well yes my dad has been in local football so you probably do know me. lets hope its sorted soon

totallyfootball says...
9:28pm Mon 15 Mar 10

I was talking to your dad at Sudbury when your reserves were there last year and he was saying what the aims of the club were at that time, how quick thiings change? Lets hope it gets sorted out but I have to admit the longer it goes on other elements will have a say like the Ridgeons League, so the sooner the better! Good luck mate.


No entry – Wivenhoe Town manager Mo Osman outside the locked gates No entry – Wivenhoe Town manager Mo Osman outside the locked gates

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