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Post by Andyberg on Mar 29, 2018 6:41:45 GMT
So whats the situation here then with Planet? Presume plod isnt interested in the 'handling stolen goods' report since its been 3 months since any mention?
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Post by Andyberg on Mar 31, 2018 10:34:44 GMT
Planets empty berth today!βΉοΈ
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Post by naughtyfox on Mar 31, 2018 16:47:33 GMT
What of the man who (allegedly) claimed he was going to restore Planet but then (allegedly) tried to flog it off? Something about Β£500/week berthing fee (allegedly) burning a hole in his pocket?
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Post by TonyDunkley on May 13, 2018 10:40:04 GMT
Time for an update on what's been happening, and not happening, with regard to Liverpool's hijacked Lightship over the last few frustrating months. This does read a bit like a script for an overblown and utterly implausible situation comedy, . . but, unbelieveable as it may seem, this is the reality that's unfolded over the last twelve months.
Shortly after C&RT announced the fictitious 'sale' of "Planet" in May last year Alan Roberts instructed a Manchester based law firm to proceed with seeking firstly Counsel's opinion and advice, followed up immediately thereafter with private criminal prosecutions against the Trust and those of their agents, contractors and employees instrumental in the fraudulent seizure and subsequent theft of the ship in Liverpool in September 2016, together with a civil action for substantial damages, and the return of the ship into the possession of it's owner at a destination of his choosing on the river Mersey.
Some three months after payment of the up-front fees demanded for obtaining Counsel's opinion and initial work, Counsel's opinion was conspicuous only by it's absence and progress was confined to nothing more than a rambling and largely irrelevant draft of 'Information' (to be laid before the Court) which was almost wholly focused on the civil wrongs perpetrated by C&RT, as opposed to the criminal offences that it should have addressed.
Reluctant as he was to do so, Alan Roberts eventually agreed to sack these useless sods, sue them for a full refund of the up-front fees, and to start looking for an alternative, competent and honest recipient for his instructions. In the ensuing process of formulating a County Court claim against these time wasting incompetents it was discovered that the head of this firm was in fact no longer a practising Solicitor, having been struck off in 2009 !
So, . . on to lawyer number two, . . and this one came on recommendation from the accountant who did Alan Roberts's books for the taxi company he ran before he bought "Planet". Based on the Wirral and known for specializing in defending motorists on drink-driving charges, the first matter she had to dispose of after taking instructions and collecting her up-front fee from Alan was her own appearance in Court to answer drink-driving charges arising from a second serious incident within four years, and from which she was told by the Bench that she was lucky to escape without being jailed.
In the intervening time between Alan R sacking the struck-off Solicitor and engaging the piss-artist, all that could be done was to try and fool C&RT and Beacham into believing that action was imminent, and keep them occupied as best as possible with a succession of carefully worded communications and stalling tactics whilst wading through the procedures and paperwork needed to get the criminal prosecution's against C&RT's ship and boat rustlers underway.
We did, in fact, make fairly good headway with the criminal prosecutions, gaining the agreement of the District Judge at Liverpool Magistrates Court that, in the absence of legal representation, I could speak for and represent Alan Roberts at a forthcoming appearance in chambers when a decision on the criminal charges against C&RT going to trial on indictment at the Crown Court was to be made. Unfortunately, however, absent instructions or approval, Alan R's newly appointed lawyer took it upon herself to bring the process to a complete halt by vacating the hearing rather than representing him at it, in my stead.
Sabotaging the criminal prosecutions proved in the end to be the sum total, and zenith, of this wretched woman's achievements from 24 October 2017, by which time she was in possession of all the written evidence and papers accumulated since the ship was taken away from Liverpool, to just over three weeks ago when instructions were finally withdrawn after a bit of sheer luck led Alan R to direct contact with a barrister who is now evaluating all the evidence with a view to acting for him in this matter. The targets remain, as before, criminal convictions for the instigators of the fraud and theft occasioned when C&RT took the ship, and ultimately, Alan getting his ship back along with appropriate recompense for what C&RT have done to both his health and his business.
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Post by naughtyfox on May 13, 2018 10:58:00 GMT
I should like to see those 'lawyers/solicitors' named. But then, that's me. Let's hope it all turns out well. What of the sale of Planet, I thought someone's pocket was burning with the mooring fees? Where on Earth has the money for these expensive mooring fees been coming from?
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Post by JohnV on May 13, 2018 11:03:05 GMT
Jeez Tony ! hope you are well stocked up with high blood pressure pills
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Post by TonyDunkley on May 13, 2018 11:22:56 GMT
I should like to see those 'lawyers/solicitors' named. But then, that's me. Let's hope it all turns out well. What of the sale of Planet, I thought someone's pocket was burning with the mooring fees? Where on Earth has the money for these expensive mooring fees been coming from? Try 'Googling' : - Money Saving Expert - David Copeland - Hilton Ross Law - Accessible Law Ltd and : Liverpool lawyer guilty of drink driving for a second time - Liverpool Echo and/or : - Liverpool lawyer denies drink-driving charge - Liverpool Echo
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Post by naughtyfox on May 13, 2018 13:47:09 GMT
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Post by TonyDunkley on May 16, 2018 19:39:47 GMT
In what will in all probability be the last such attempt, we've been trying to communicate with Steve Beacham at Sharpness over the last few days to give him yet one more opportunity to wake up and recognize the enormity of the problem that C&RT have rather cleverly left him lumbered with. All to no avail, though, he's blocked our phone numbers and doesn't reply to e-mails.
Alan Roberts made a unannounced visit to Sharpness a week ago yesterday and was able to talk to Beacham after walking into his office and taking him completely by surprise. Sad to say, however, nothing new or constructive came out of it, . . just a re-run of the same lies and bullshit that Alan R was treated to on Sunday 23 April 2017 when he made the first attempt to repossess his stolen ship.
Alan had two phones with him and hadn't switched off, or ended the call properly, on the one he'd called me on - on loudspeaker - before going into Beacham's office, and somehow finished up recording the entire conversation. Apparently, he's - Beacham, that is - ''had enough" of ''Planet", doesn't want to "get involved", and everything he did was "in good faith" because all he ever wanted to do was to "save the ship" !
I'm going to write to him asking his permission to publicize and use the two recordings of both his conversations with Alan R, . . I've a fair idea what the answer will be, but whatever he says or does, there is no response to that question by which he can avoid being shown up in a rather bad light. Meanwhile, as it appears that none of my e-mail transmissions are reaching Mr Beacham, perhaps I'd better follow this post up with at least some extracts/passages from Counsel's briefing notes for Parry's snoopers to read and pass on to to him, . . . or not, if as I believe, it is their intention to abandon him at the bottom of the ever deepening and rather smelly hole they've dropped him into !
There's some interesting stuff re. grounds for action and the 'industry norm' T&C's re. termination of contracts as utilized by every UK marina operator/berth provider other than C&RT and BWML. Think on, Big Dick Parry, . . looks as though, yet again, everyone's out of step except you and your cohorts !
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Post by TonyDunkley on May 16, 2018 19:47:22 GMT
Grounds for action(s) against Canal & River Trust [C&RT]
in respect of ex-Lightvessel LV23 - βPlanetβ
* The forcible seizure of ex-Lightvessel "Planet" in Canning Dock, Liverpool on 19 September 2016 came about following a lengthy period during which the business relationship between the owner of the vessel, Alan Roberts [AR], and the C&RT, operators and controllers of Canning Dock, progressively deteriorated. The vessel was berthed in Canning Dock under a Berthing Licence Agreement [BLA] carrying a signing date of 15 April 2014. The BLA stated that the Licence ran from 1 January 2014 to 31 December 2014. (Copy of BLA at page 1 of Exhibit ZJW1)
* The ship's berthing charges/fees were in arrears at this time, and the C&RT were pursuing AR for the unpaid berthing fees via a County Court money claim No. C6CQ89A0. The matter was listed for final hearing at the Liverpool Court on 23 September 2016, three clear days after the ship was forcibly and unlawfully seized by the C&RT, and was a mere formality to determine nothing more than the precise/final value of the claim, as AR's Defence had been struck out as being of no merit at an earlier Directions Hearing. Judgment in the sum of Β£5,686.65 including costs was entered at the Liverpool Court on 23 September 2016, at which time βPlanetβ was at sea somewhere in the Bristol Channel nearing the end of her tow to Sharpness. For reasons known best to C&RT/Shoosmiths the claim was handled from the outset by a Grimsby law firm Wilkin Chapman and filed originally in the Northampton County Court. Payment in full was made on AR's behalf on 21 October 2016. (Copy of settlement of claim confirmation letter attached to accompanying e-mail)
* As berth providers resolved to rid themselves of AR and his ship, and to collect the arrears of berthing fees owed to them, the C&RT had a choice of two lawful courses of action. They were entitled, as is any berth provider, to take temporary possession/control of the vessel for the purposes of either moving it within the confines of the Dock, or to remove the vessel from their waters (Dock) to the nearest available safe berth in the immediate vicinity. Having removed the ship from their waters the option to then pursue the berthing fees arrears as a civil debt would have resulted in them attaining their legitimate objectives. Their commercially superior alternative, however, would have been to exercise their right to a general lien over the vessel (see notes below re. Marinas and effect of 1977 Torts Act), serve the appropriate Tort Notice and then proceed to the sale of the ship in the event that AR failed to clear the arrears and to remove βPlanetβ from their waters on or before the stipulated date. In the event, the C&RT foolishly and dishonestly elected to pursue both of these mutually exclusive courses of action by way of removing the ship from their waters (the 'Estate' as referred to in the 2014 BLA) and then proceeding to exercise the right to sell under sub-clause 10.1.2 of the BLA which they themselves had extinguished through the very act of removing the ship from Canning Dock.
* The seizure of the vessel on 19 September 2016 was executed in a wholly unlawful manner and both criminal offences and civil wrongs were committed in the process. Under the guise of being an enforcement/execution of a 'High Court Warrant' unidentified individuals presenting themselves as 'Bailiffs' and working under the direct supervision of the C&RT's Harbour Master, Andrew Goudie, forcibly boarded βPlanetβ, broke into the ship's accomodation and deck cabins forcibly ejecting the sole occupant who had been left in charge of the vessel. It has since been confirmed by Solicitors acting for the C&RT that prior to and since the forcible seizure of βPlanetβ by persons unknown and whom the C&RT have eventually admitted were βsecurity agentsβ impersonating Bailiffs, no such High Court Warrant, or Writ, had been either obtained or applied for, and no Debt Judgment had been entered in favour of the C&RT against the ship's owner in any UK Court at that time.
* The C&RT's postulated entitlement to seize Mr Roberts' ship, remove it to Sharpness, and to sell it from that location stems entirely from the preposterous contention that 'termination' sub-clause (10.1.2) to the 2014 BLA entered into with the ship's owner not only confers an irrevocable and enduring right to sell the vessel in question from any location of their choosing post expiry of the BLA, but has the effect of placing the Trust above the law and exempting it from any obligation to observe the statutory protections afforded to the public against specific criminal acts and civil wrongs under the Tribunals, Courts and Enforcement (TCE) Act 2007 and the Torts(Interference with Goods) Act 1977.
* Subsequent to the unlawful seizure of the ship, it was taken under tow to Sharpness Dock, off the Severn estuary in Gloucestershire, where it was left in the custody of a Mr S. Beacham of Sharpness Shipyard and Drydock Ltd with instructions that neither the owner, Alan Roberts, nor any representative or agent acting for Mr Roberts were to be allowed access to his ship.
* To this day, the ship remains in the possession of the C&RT's agent, Mr S. Beacham, at Sharpness Shipyard & Drydock Ltd, having been notified to Mr Roberts as sold to the same Mr Beacham for the sum of Β£12,500 on 20 May 2017, although reliable sources from within the C&RT have since reported the sale date to have been as early as 10 April 2017, some twelve clear days before Mr Beacham stated that he was merely βlooking after the ship for the Canal & River Trustβ in a recorded interview and in the presence of several witnesses including an on-duty Police officer.
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Post by TonyDunkley on May 16, 2018 19:54:01 GMT
Effect of 1977 Torts Act wrt. UK Coastal & Inland Marinas and Berth providers.
Reproduced below is clause 10 from the 'Yacht Havens Terms and Conditions of Berthing (Annual Contract paying annually)', [see> www.yachthavens.com < for full T&C's β go to 'Our Havens' > click on to any one of nine > Terms & Regulations at bottom of page]. The form of words used by the Yacht Havens Group appears to be lifted verbatim from the standard British Marine (formerly British Marine Federation) template available to all BMF members. A trawl through the websites of UK coastal and inland Marina operators and berth providers demonstrates that, with the notable exception of C&RT and their wholly owned subsidiary British Waterways Marinas Ltd, the acceptance of the protections and obligations imposed under the 1977 Torts Act and the use of this form of words in Berthing Agreements/Contracts is the industry norm. ________________________ 10 RIGHTS OF SALE AND OF DETENTION 10.1 Where we accept a Vessel, gear, equipment or other goods for berthing, repair, refit, maintenance or storage we do so subject to the provisions of the Torts (Interference with Goods) Act 1977 ("the Act"). This Act confers a right of sale on the Company in circumstances where you fail to collect or accept re-delivery of the goods (which includes a Vessel and/or any other property) or fail to pay for goods or services provided by us despite repeated requests for payment over a period of 90 days or more. Such sale will not take place until we have given notice to you in accordance with the Act. For the purpose of the Act, it is recorded that: 10.1.1 goods for repair or other treatment are accepted by us on the basis that you are the owner of the goods or the ownerβs authorised agent and that he/she or you will take delivery or arrange collection when the repair or treatment has been carried out; 10.1.2 our obligation as custodian of goods accepted for storage ends on our notice to you of termination of that obligation; and 10.1.3 the place for delivery and collection of goods shall be at our Premises unless agreed otherwise. 10.2 Maritime Law entitles us in certain other circumstances to bring an action against the owner of a Vessel to recover debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the owner of that Vessel. 10.3 We reserve a general right to detain and hold your Vessel or other property pending payment by you of any sums due to us. If the Agreement is terminated or expires while we are exercising this right of detention, we shall be entitled to charge you at the Companyβs 24 hour rate for overnight visitors for each day between termination or expiry of the Agreement and the actual date of payment (or provision of security satisfactory to us) by you and removal of the Vessel from the Harbour and Premises. You shall at any time be entitled to remove the Vessel or other property upon providing satisfactory security, for example a letter of guarantee from a Bank or a cash deposit, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Companyβs prospective legal costs.
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Post by NigelMoore on May 16, 2018 20:18:31 GMT
. . . some extracts/passages from Counsel's briefing notes . . . And nicely to the point they are.
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Post by bargemast on May 17, 2018 7:55:26 GMT
. . . some extracts/passages from Counsel's briefing notes . . . And nicely to the point they are. They are absolutely, it's only such a shame that it's not me that's going to be the judge for this case, as C&RT and their law-bending friends wouldn't have a leg to stand on. Peter.
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Post by TonyDunkley on May 22, 2018 17:29:37 GMT
Alan Roberts, good natured, generous, and endlessly patient soul that he is, made yet another futile attempt this afternoon to persuade Steve Beacham at Sharpness to provide him with copies of the phoney Bill of Sale for "Planet" and the associated worthless documentation that came to him from C&RT when they "sold" him the stolen ship last year. I, on the other hand, suffer from no such impediments, and have just sent the snivelling little git Mr Beacham this :
Open letter - to: Mr Steve Beacham of Sharpness Shipyard & Drydock Ltd.
Ex-Lightvessel - LV23 - "Planet" (Lying at Sharpness Shipyard) 22 May 2017
Dear Sir,
Further to your telephone conversation this lunchtime with Alan Roberts, owner of the above named vessel currently and unlawfully held in your possession at Sharpness Dock, Gloucestershire, we note that once again you have reneged on your agreement to provide Mr Roberts with copies of the fraudulent sale documentation furnished by the Canal & River Trust in respect of Mr Roberts' ship.
You have been made aware on numerous occasions, both by ourselves and by one time prospective buyers of the ship who declined to purchase on legal advice at the time it was being fraudulently advertised for sale on a brokerage website, that good title to "Planet" has at no time vested in any other than with whom it remains to this day, Alan Roberts, rightful owner of "Planet" and holder/possessor of the sole authentic and verifiable Bill of Sale in respect of the ship.
Your newly found aspirations to avoid becoming "involved", as voiced to Mr Roberts today and during his recent visit to your yard, have surfaced rather too late for you to now to attempt to distance yourself from the criminal activities intended permanently to deprive Mr Roberts of his property. The reality is that you are knowingly in possession of and engaged in handling stolen property, and as the offence is being committed on your premises in Sharpness the initial report will be made to Gloucestershire Constabulary, who have, of course been fully aware of the situation since attending and witnessing Mr Roberts' failed attempt to repossess his ship on 23 April 2017
Like it or not, you are very much 'involved', and your only possible way out of the precarious position into which the C&RT have manoeuvered you is to comply with Mr Roberts' request for sight of copies of the documentation that came to you from the C&RT at the time of the fraudulent 'sale' of "Planet" on, according to the latest information we have from the C&RT, the 10th of April 2017.
If it would assist you in coming to a decision with regard to the requested 'sale' documentation, and better to recall the details of the conversations you had with Mr Roberts on 23 April 2017 and more recently in your office on 8 May 2018, we are prepared to forward transcripts of both recorded conversations.
Yours faithfully,
A.K.Dunkley (Shipowner's Representative)
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Post by peterboat on May 22, 2018 17:47:05 GMT
If I was Steve Beacham I would have disposed of Planet at the scrapyard by now and drawn a healthy profit from the affair. I do wonder where all this is going to go as its a complete mess from start to finish but then again most things involving CRT management are arnt they?
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