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Post by thebfg on Oct 12, 2019 17:36:46 GMT
Please say that was recorded.
Final nail and all that
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Post by patty on Oct 12, 2019 18:31:01 GMT
Does Lucy Barry exist or is she like the Easter Bunny, Father Christmas or the Tooth Fairy? Hang on they all give stuff.... I know is she like Black Pete?
Joking aside..I dunno what else to say about those responses.
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Post by TonyDunkley on Oct 12, 2019 18:37:28 GMT
Please say that was recorded. Final nail and all that It was indeed, . . not by me but by an independent witness who was listening in to the call on loudspeaker. Not quite the final nail just yet, though. That phone call, plus a final written application for a PBC, will pretty much fulfill the pre-action protocol called for under the Civil Procedure Rules, and then C&RT will find themselves on the receiving end of a CPR Part 8 Claim for Declaratory Relief and staying of the Order made at the Derby Court on 15 August last, . . almost the same thing that they're so fond of taking boat owners to Court with themselves !
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Post by naughtyfox on Oct 12, 2019 18:40:50 GMT
Does Lucy Barry exist or is she like the Easter Bunny, Father Christmas or the Tooth Fairy? Hang on they all give stuff.... I know is she like Black Pete? Joking aside..I dunno what else to say about those responses. It will be no joke when she sues you, Patty, for remarks like that. Especially with the Black Pete racist connotation. Yes, lawyers take stuff - lots and lots of other peoples' money.
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Post by NigelMoore on Oct 12, 2019 19:18:04 GMT
Does Lucy Barry exist or is she like the Easter Bunny, Father Christmas or the Tooth Fairy? The young lady most certainly does exist; I have met her frequently over the years, both while she was working for Shoosmiths and since head-hunted by CaRT. I am confessedly a little hurt that she is disinclined these days to communicate with me, except in extremis, such as having to deal with a Letter before Action. Probably because I am far nicer and more polite in my emails than Tony. Gilly often jumps up and down with frustration at me, demanding that I "stop being too nice" and "tell it as it is like Tony does", but I am a gentle and non-confrontational type, with my own style of address. I even made what I thought were the appropriate approving noises at her new-born baby which she brought to court one day in the course of the Ravenscroft proceedings. Doesn't seem to have improved my standing with her though.
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Post by TonyDunkley on Oct 12, 2019 20:59:53 GMT
Does Lucy Barry exist or is she like the Easter Bunny, Father Christmas or the Tooth Fairy? The young lady most certainly does exist; I have met her frequently over the years, both while she was working for Shoosmiths and since head-hunted by CaRT. Only a no-hope organization such as C&RT would ever go out of their way in trying to acquire the sort of stuff that resides in her head !
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Post by NigelMoore on Oct 12, 2019 23:06:28 GMT
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Post by patty on Oct 13, 2019 2:16:00 GMT
Does Lucy Barry exist or is she like the Easter Bunny, Father Christmas or the Tooth Fairy? Hang on they all give stuff.... I know is she like Black Pete? Joking aside..I dunno what else to say about those responses. It will be no joke when she sues you, Patty, for remarks like that. Especially with the Black Pete racist connotation. Yes, lawyers take stuff - lots and lots of other peoples' money. . Black Pete is a character that I came across in Prague.. no racist intent in my comment at all. We should be able to use characters from legends without someone jumping on the racist band wagon.
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Post by Telemachus on Oct 13, 2019 7:51:52 GMT
It will be no joke when she sues you, Patty, for remarks like that. Especially with the Black Pete racist connotation. Yes, lawyers take stuff - lots and lots of other peoples' money. . Black Pete is a character that I came across in Prague.. no racist intent in my comment at all. We should be able to use characters from legends without someone jumping on the racist band wagon. Sorry you are not allowed to say the word “black” these days. You should have said “Pete of colour”. Anyway, enough of that, I need to get on with dry docking our boat so I can apply some colouring.
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Post by Clinton Cool on Oct 13, 2019 8:13:55 GMT
Whereas "coloured Pete" would be highly offensive, despite it being the most p.c. way of describing him a couple of decades ago.
When did describing someone as "coloured" become offensive and why, and why, once a term is established as OK does this have a shelf life, before it inevitably becomes offensive?
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Post by Gone on Oct 13, 2019 8:42:11 GMT
Whereas "coloured Pete" would be highly offensive, despite it being the most p.c. way of describing him a couple of decades ago. When did describing someone as "coloured" become offensive and why, and why, once a term is established as OK does this have a shelf life, before it inevitably becomes offensive? Because a word used for a minority characteristic quite quickly becomes used by enough people as a term of abuse at which point it becomes offensive. As an example ‘spastic’ when I was a kid only referred to a condition and there was even a charity to support called something like the spastic society, now ‘spastic’ is rarely used, and if it is it is a term of abuse. To state the obvious- if the world wasn’t full of nasty people this wouldn’t happen
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Post by Mr Stabby on Oct 13, 2019 11:36:48 GMT
Whereas "coloured Pete" would be highly offensive, despite it being the most p.c. way of describing him a couple of decades ago. When did describing someone as "coloured" become offensive and why, and why, once a term is established as OK does this have a shelf life, before it inevitably becomes offensive? Because a word used for a minority characteristic quite quickly becomes used by enough people as a term of abuse at which point it becomes offensive. As an example ‘spastic’ when I was a kid only referred to a condition and there was even a charity to support called something like the spastic society, now ‘spastic’ is rarely used, and if it is it is a term of abuse. Doesn't work though. The Spastics Society changed its name to Scope, and instantly "Scopey" became the insult of choice among schoolchildren.
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Post by TonyDunkley on Oct 13, 2019 13:30:47 GMT
Does Lucy Barry exist or is she like the Easter Bunny, Father Christmas or the Tooth Fairy? . . . . . . . . . . . . both while [Lucy Barry] was working for Shoosmiths and since head-hunted by CaRT. Was she head-hunted by Parry & Co, Nigel, . . or did she seek refuge with C&RT following a rift with her former employers ? I was never quite sure what really happened, or why, but I had the impression that she was making her way nicely up in the Shoosmiths hierarchy in the wake of her like-minded colleague and predecessor, Zoe Wright, who is now a partner. To walk away from what may well have led to a partnership in an outfit like Shoosmiths in favour of a job with a dubious and likely to be short-lived navigation authority was surely never going to be a good career move. She certainly isn't all that bright, . . but I wouldn't have thought her to be quite that stupid !
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Post by NigelMoore on Oct 13, 2019 14:48:45 GMT
Was she head-hunted by Parry & Co, Nigel, . . or did she seek refuge with C&RT following a rift with her former employers ? Can't say for sure Tony, it is only my assumption. Either CaRT decided to take the sensible option of dealing with litigation in-house (as I have always said they should) and Ms Barry was a logical person to approach, as a professional with Right of Audience, by reason of her experience in dealing with cases for them over some years, or perhaps even Shoosmiths became leery of continued association with CaRT, so she was approached in desperation to fill a sudden gap in CaRT's 'expertise', needing to find someone who could represent them in the courts. Previously they had had Jackie Lewis as Counsel, although to my knowledge she never represented either BW or CaRT in any court action; she simply sat in court as observer while the Shoosmiths team conducted the litigation. Previous to that the BW secretary Greta O'Shea had been a solicitor with Right of Audience, and she did appear in court cases for BW. That was before Shoosmiths were brought on board, since when she developed a close relationship with Zoe, always sitting alongside her throughout my court cases, until she left.
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Post by TonyDunkley on Oct 15, 2019 18:33:07 GMT
Please say that was recorded. Final nail and all that It was indeed, . . not by me but by an independent witness who was listening in to the call on loudspeaker. Not quite the final nail just yet, though. That phone call, plus a final written application for a PBC, will pretty much fulfill the pre-action protocol called for under the Civil Procedure Rules, and then C&RT will find themselves on the receiving end of a CPR Part 8 Claim for Declaratory Relief and staying of the Order made at the Derby Court on 15 August last, . . almost the same thing that they're so fond of taking boat owners to Court with themselves ! There's been nothing more from C&RT to change any of what was said in the Friday 4 October offering of garbage from the delightful Ms. Barry (page 34 of this thread), so I've sent an e-mail giving them until close of business tomorrow to stop farting about and issue me with a PBC. The e-mail was addressed to Aymes and Deards as heads of the two departments ultimately responsible for selling phony 'licences' which have no basis in law, and refusing to issue me with the PBC that is mandatory under both the 1971 and 1995 BW Acts : In the Nottingham County Court - Claim No C10NG401 Mr Aymes and Mr Deards,
Despite having fulfilled both the conditions published by the Trust for exemption from the requirement to hold a current Boat Safety Certificate and the statutory conditions under Section 17 of the British Waterways Act 1995, I have been and continue to be actively prevented from obtaining the Pleasure Boat Certificate [PBC] ordered by the Court on 15 August 2019 in respect of the above named vessel.
I have been aware of the personal agenda of the Trust's so-called Boat Licence Customer Support Supervisor, Stuart Garner, since before this latest malicious action was first brought before the Courts some three and a half years ago, but during the course of a telephone call to Boat Licensing on Friday 11 Oct 2019 the Trust's Boat Licensing Manager, a Mr. Ben Ashdown, was able to confirm that in refusing to issue the PBC ordered by the Court on 15 August 2019 the Boat Licensing Team were acting not in consequence of any failure on my part to comply with any statutory or published requirements, but solely on the personal instructions of another Trust employee, Lucy Barry, from Legal & Governance Services.
By virtue of the job titles assigned to each of you on the C&RT website you jointly bear the overall responsibility for the Trust's failure firstly to meet it's statutory obligations and issue me with the PBC ordered by the Court, and secondly in failing properly to manage Trust employees Garner and Barry with regard to the blatantly personal agendas they are pursuing against both me and my property.
You have 24 hours from the time of transmission of this e-mail to either issue a PBC - ie. not one of your fictitious ''Rivers Only Licences" - in respect of the above named vessel, or to provide a written undertaking that the Trust will suspend any further action pursuant to the 15 August 2019 Order pending the outcome of the Appeal (Log.No. BM90161A) lodged at the Nottingham Court on 5 September 2019.
Failure on the part of the Trust to comply with the above will lead to the immediate issuing of a CPR Part 8 Claim for Declaratory Relief in respect of issuing me with a PBC for the above named vessel and an Order staying execution of the 15 August 2019 Order pending the outcome of Appeal.
Signed, A. K. Dunkley.
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