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Post by NigelMoore on Oct 12, 2018 12:15:56 GMT
The latest Ombudsman Report for 2017/18 deals with the issue in case no. 988 – a complaint about anti-social behaviour by people on day hire boats. The complaint seems messily ridiculous in some respects – demanding that CaRT require hirers to “enter into short-term licence agreements so they could be subject to the same sanctions as full licence-holders”! the Ombudsman correctly noted: “such changes would have implications far beyond this complaint”, though seemingly oblivious to the fact that the condition would be nonsensical anyway, even if not (as it would be) ultra vires.
Where he falls down on his research is in accepting “that legislation is limited in this area, although it had achieved success in its approach to ‘educate’. ” Legislation is NOT as limited as CaRT claim, it is simply that CaRT, alone amongst navigation authorities, consider prosecution of byelaw breaches to be “rarely practicable” (as per Parry’s recent response to an enquirer).
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Post by Jim on Oct 13, 2018 17:18:11 GMT
What can be done about the ombudsman? He seems to take a warped and uneducated (in relevant law) perspective on issues. Is there an Ombudsman's Ombudsman?
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Post by Deleted on Oct 13, 2018 17:32:22 GMT
What can be done about the ombudsman? He seems to take a warped and uneducated (in relevant law) perspective on issues. Is there an Ombudsman's Ombudsman? Not sure but I can tell you not all Ombudsman are the same. Once took a claim to the Lloyds Ombudsman and lost, wasn't happy, long story short, was just about to take the issue to the Insurance Ombudsman (I had to go through the initial farce first). End result was a payout around £25k above what I was prepared to accept just a few days before the Insurance Ombudsman was about to ask for evidence. You can try to work out whether I had a case or not, or whether the 'closed industry' ombudsman verdict was a farce.
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Post by Jim on Oct 13, 2018 17:34:27 GMT
What can be done about the ombudsman? He seems to take a warped and uneducated (in relevant law) perspective on issues. Is there an Ombudsman's Ombudsman? Not sure but I can tell you not all Ombudsman are the same. Once took a claim to the Lloyds Ombudsman and lost, wasn't happy, long story short, was just about to take the issue to the Insurance Ombudsman (I had to go through the initial farce first). End result was a payout around £25k above what I was prepared to accept just a few days before the Insurance Ombudsman was about to ask for evidence. You can try to work out whether I had a case or not, or whether the 'closed industry' ombudsman verdict was a farce. Nice one! Can you borrow me £20?
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Post by Deleted on Oct 13, 2018 17:46:19 GMT
Not sure but I can tell you not all Ombudsman are the same. Once took a claim to the Lloyds Ombudsman and lost, wasn't happy, long story short, was just about to take the issue to the Insurance Ombudsman (I had to go through the initial farce first). End result was a payout around £25k above what I was prepared to accept just a few days before the Insurance Ombudsman was about to ask for evidence. You can try to work out whether I had a case or not, or whether the 'closed industry' ombudsman verdict was a farce. Nice one! Can you borrow me £20? Nope, much of the money was spent on me trying to deal with the mental health fallout from the claim............ (mental health stuff was not part of the claim).
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Post by naughtyfox on Oct 13, 2018 18:50:25 GMT
You could have skipped the mental health stuff and used that 25K to help get you a boat. Boating does away with mental issues at a stroke. Or is it that all boaters are nutcases to start with anyway?
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Post by Deleted on Oct 13, 2018 18:55:07 GMT
You could have skipped the mental health stuff and used that 25K to help get you a boat. Boating does away with mental issues at a stroke. Or is it that all boaters are nutcases to start with anyway? Not often but sometimes you might have a point - remind the idiot what it was...
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Post by Deleted on Oct 13, 2018 19:16:47 GMT
This is my new engine ole, I'll be relying on people here to help me make it as smart as Foxy's
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Post by Mr Stabby on Oct 13, 2018 19:36:04 GMT
This is my new engine ole, I'll be relying on people here to help me make it as smart as Foxy's You have a boat now? Fab! Where is it, I'll pop along and have a nose round tomorrow.
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Post by Deleted on Oct 13, 2018 19:45:21 GMT
This is my new engine ole, I'll be relying on people here to help me make it as smart as Foxy's You have a boat now? Fab! Where is it, I'll pop along and have a nose round tomorrow. Small problem, need to clear funds first... otherwise it's mine - all hopefully sorted in a few days. Boat is in Northampton, and I'll be looking for volunteers (pressgangers!) to hold my hand when I move it the few miles onto the canal system (sometime over the next month).
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Post by patty on Oct 13, 2018 20:00:45 GMT
Ref ombudsmen...just to say the financial one who dealt with the complaints i raised ref my ex and the sols mistakes was ace..however cannot share details. Just to say ...give them a go..it gave me hope that in the terrible world of my existence there was some worthwhile people...
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Post by Mr Stabby on Oct 13, 2018 20:02:26 GMT
You have a boat now? Fab! Where is it, I'll pop along and have a nose round tomorrow. Small problem, need to clear funds first... otherwise it's mine - all hopefully sorted in a few days. Boat is in Northampton, and I'll be looking for volunteers (pressgangers!) to hold my hand when I move it the few miles onto the canal system (sometime over the next month). Fab, well I'm only 30 minutes away from Northampton and although I work Monday-Friday I'm quite happy to pop along any weekend and lend moral support, after all you helped me with Foxton locks. PS How come Northampton and Southampton are so far apart?
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Post by patty on Oct 13, 2018 20:08:04 GMT
Small problem, need to clear funds first... otherwise it's mine - all hopefully sorted in a few days. Boat is in Northampton, and I'll be looking for volunteers (pressgangers!) to hold my hand when I move it the few miles onto the canal system (sometime over the next month). Fab, well I'm only 30 minutes away from Northampton and although I work Monday-Friday I'm quite happy to pop along any weekend and lend moral support, after all you helped me with Foxton locks. PS How come Northampton and Southampton are so far apart? That sounds a good plan..hope all goes well
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Post by Deleted on Oct 13, 2018 20:23:13 GMT
Small problem, need to clear funds first... otherwise it's mine - all hopefully sorted in a few days. Boat is in Northampton, and I'll be looking for volunteers (pressgangers!) to hold my hand when I move it the few miles onto the canal system (sometime over the next month). Fab, well I'm only 30 minutes away from Northampton and although I work Monday-Friday I'm quite happy to pop along any weekend and lend moral support, after all you helped me with Foxton locks. PS How come Northampton and Southampton are so far apart? Cheers mate, will be in touch.
Gazza will let us know if there are any bridges to be wary of..... (sorry couldn't resist )
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Post by NigelMoore on Oct 13, 2018 21:15:30 GMT
What can be done about the ombudsman? He seems to take a warped and uneducated (in relevant law) perspective on issues. Is there an Ombudsman's Ombudsman? The previous one (a woman) was far better. Having said which, this last year's set of case decisions was an improvement on previous ones from his first appointment by CaRT (which only emphasises how hopeless he is). Depending on the nature of your complaint, the only further recourse if unsatisfied is to try the courts. Apropos, however, yesterday I came across a remarkably honest critique of the judicial system by an American judge, that I had saved in the depths of an old hard drive and forgotten, and it is worth remembering when thinking of going this route - " The foreboding courtroom setting discourages meaningful participation beyond lawyers and judges. The judge presiding on high, robed to emphasize his authoritative dominance, armed with the power to control the process, is rarely challenged. Lawyers, by their deference, and by standing when addressing the judge, reinforce to the community the judge's pivotal importance. All of this combines to encourage the community to believe judges uniquely and exclusively possess the wisdom and resources to develop a just and viable result. They are so grievously wrong." ( Judge Barry Stuart, Yukon Territorial Court, R v Moses, 71 C.C.C. (3d) 347 (1992) ) edit to add: it is a sweeping generalisation of course and not intended as a criticism of all judges; plus, it could well be more true within the American system than the venerable English one - but the cautionary principle of the assessment remains valid.
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