Railtrack has admitted it made a mistake in not consulting businesses in the Chelmsford station viaducts before issuing them notices to quit.

One family business couple have been saving to send their son to see an American brain specialist for special surgery in New York but now fear they will not be able to afford it after all.

The tenants received the notices by hand last week and immediately formed an association to fight the move.

It was only recently that Railtrack obtained planning permission to modernise the viaducts making those nearest the station into shops and restaurants.

Existing tenants, led by Mrs Jan Brooker whose husband has been associated with a car repair business in the arches for 40 years, said they had last talked to the landlords some months ago.

"We were under the clear impression we were going to be either moved or moved temporarily until existing premises were refurbished, not just kicked out," said Mrs Brooker. "The notices to quit have been a complete shock."

Mrs Brooker's 30 year old son Karl suffered a brain haemorrhage last year and the family have been saving to send him to America for treatment.

"If we get kicked out in six months and have nowhere to go or have to move where the rent is much higher the chances of sending Karl will be very slim," she said

A Railtrack spokesman admitted: "In hindsight we should have approached tenants before issuing this notice. We have in fact made attempts to find alternative premises but without success."

Now Railtrack hopes to work out a deal with Chelmsford Borough Council if there are any spare premises at the town's enterprise agency which the viaduct businesses could afford to relocate to.

The Railtrack spokesman said: "There is no chance of a stay of execution.

"Sadly car businesses do not fall within the types of use we were seeking planning permission for. We shall nevertheless continue to seek alternative premises for for existing tenants as we very much wish to be remembered as good landlords."

Mrs Jan Brooker (right) and other viaduct businesses unite to fight the notice to quit order.

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