Deleted
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Post by Deleted on Jul 17, 2022 18:22:32 GMT
And that is where he has, and continues to fuck up. He adamantly attempts to have his day in court albeit through a CRT action, when in fact it is he who has to initiate the process. Oddly enough, I'm pretty certain he would win if he initiated such a process. There's more chance of Lord Lucan coming back riding Shergar than Tony Dunkley ever seeing Halcyon Daze again. It would be about compensation, hiccup daze is beyond returning.
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Post by Jim on Jul 18, 2022 11:37:43 GMT
And that is where he has, and continues to fuck up. He adamantly attempts to have his day in court albeit through a CRT action, when in fact it is he who has to initiate the process. Oddly enough, I'm pretty certain he would win if he initiated such a process. There's more chance of Lord Lucan coming back riding Shergar than Tony Dunkley ever seeing Halcyon Daze again. Well, not strictly true, he can go and look at the new renamed version but can't touch it.
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Post by Tony Dunkley on Aug 26, 2022 17:57:49 GMT
CRT only relied on s8 of the 1983 Waterways Act to remove your boat from their waters, and render you liable for the costs of removal. Once your boat had been removed, CRT may simply have exercised their rights to recover their costs of removal and the costs awarded against you of c. £7k in the court action, by exercising a possessory lien. It was always, and still is, in your hands to challenge their conduct, prove it unlawful, and seek a remedy. Yesterday you again aired, and elaborated on, the same argument over on the Millenium Ribble Link poll thread. I responded to your first point, . . you stated that - " CRT were empowered by the court order to remove your boat from their waterways", . . by drawing attention to the fact that the Order made on 15 August 2019 was made pursuant to a C&RT CPR Part 8 application for "Declaratory and Injunctive Relief, and did not therefore "empower" the Claimant in any respect, . . except to reapply to the Court for further relief in the event of the Defendant [me] breaching the terms of the Injunction. From 15 August 2019, the day the Order was made, until 22 October 2020, the day the boat was seized, . . C&RT took no further action of any sort, and did not pursue or attempt to collect the one and only documented verifiable debt owed by me, . . which was the Costs award in the Trust's favour made at the same time as the (Declaratory and Injunctive Relief) Order made on 15 August 2019. C&RT's statutory powers of boat 'removal', as opposed to 'seizure', are well defined within S.8 of the 1983 Act and do NOT include taking possession of 'relevant craft' from an identifiable known owner by means of forcible seizure, even by genuine Court authorized and certificated Enforcement Agents or Officers, . . let alone unidentifiable individuals impersonating Officers of the Court and armed only with a photocopy of an arguably voidable, or possibly void, 14 month old County Court Order for Declaratory and Injunctive Relief - see S.63 TCE Act 2007. In disregarding the terms of the Declaration in paragraph (1) of the recital to the 15 August 2019 Order, and exceeding the 'relevant craft' removal powers laid down in S.8(2) of the BW Act 1983 by way of deploying bogus 'Enforcement Officers' to forcibly take possession of and seize the 'relevant craft', C&RT precluded any possibility of the exercising of any form of common law lien over the vessel by virtue of the fact that to do so, the object of the lien must come into the possession of the exerciser of the lien in a lawful and proper manner.
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Post by Jim on Aug 30, 2022 16:00:41 GMT
CRT only relied on s8 of the 1983 Waterways Act to remove your boat from their waters, and render you liable for the costs of removal. Once your boat had been removed, CRT may simply have exercised their rights to recover their costs of removal and the costs awarded against you of c. £7k in the court action, by exercising a possessory lien. It was always, and still is, in your hands to challenge their conduct, prove it unlawful, and seek a remedy. Yesterday you again aired, and elaborated on, the same argument over on the Millenium Ribble Link poll thread. I responded to your first point, . . you stated that - " CRT were empowered by the court order to remove your boat from their waterways", . . by drawing attention to the fact that the Order made on 15 August 2019 was made pursuant to a C&RT CPR Part 8 application for "Declaratory and Injunctive Relief, and did not therefore "empower" the Claimant in any respect, . . except to reapply to the Court for further relief in the event of the Defendant [me] breaching the terms of the Injunction. From 15 August 2019, the day the Order was made, until 22 October 2020, the day the boat was seized, . . C&RT took no further action of any sort, and did not pursue or attempt to collect the one and only documented verifiable debt owed by me, . . which was the Costs award in the Trust's favour made at the same time as the (Declaratory and Injunctive Relief) Order made on 15 August 2019. C&RT's statutory powers of boat 'removal', as opposed to 'seizure', are well defined within S.8 of the 1983 Act and do NOT include taking possession of 'relevant craft' from an identifiable known owner by means of forcible seizure, even by genuine Court authorized and certificated Enforcement Agents or Officers, . . let alone unidentifiable individuals impersonating Officers of the Court and armed only with a photocopy of an arguably voidable, or possibly void, 14 month old County Court Order for Declaratory and Injunctive Relief - see S.63 TCE Act 2007. In disregarding the terms of the Declaration in paragraph (1) of the recital to the 15 August 2019 Order, and exceeding the 'relevant craft' removal powers laid down in S.8(2) of the BW Act 1983 by way of deploying bogus 'Enforcement Officers' to forcibly take possession of and seize the 'relevant craft', C&RT precluded any possibility of the exercising of any form of common law lien over the vessel by virtue of the fact that to do so, the object of the lien must come into the possession of the exerciser of the lien in a lawful and proper manner. So, presuming you are correct, when are CRT up in court?
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Post by Tony Dunkley on Aug 31, 2022 9:43:47 GMT
Yesterday you again aired, and elaborated on, the same argument over on the Millenium Ribble Link poll thread. I responded to your first point, . . you stated that - " CRT were empowered by the court order to remove your boat from their waterways", . . by drawing attention to the fact that the Order made on 15 August 2019 was made pursuant to a C&RT CPR Part 8 application for "Declaratory and Injunctive Relief, and did not therefore "empower" the Claimant in any respect, . . except to reapply to the Court for further relief in the event of the Defendant [me] breaching the terms of the Injunction. From 15 August 2019, the day the Order was made, until 22 October 2020, the day the boat was seized, . . C&RT took no further action of any sort, and did not pursue or attempt to collect the one and only documented verifiable debt owed by me, . . which was the Costs award in the Trust's favour made at the same time as the (Declaratory and Injunctive Relief) Order made on 15 August 2019. C&RT's statutory powers of boat 'removal', as opposed to 'seizure', are well defined within S.8 of the 1983 Act and do NOT include taking possession of 'relevant craft' from an identifiable known owner by means of forcible seizure, even by genuine Court authorized and certificated Enforcement Agents or Officers, . . let alone unidentifiable individuals impersonating Officers of the Court and armed only with a photocopy of an arguably voidable, or possibly void, 14 month old County Court Order for Declaratory and Injunctive Relief - see S.63 TCE Act 2007. In disregarding the terms of the Declaration in paragraph (1) of the recital to the 15 August 2019 Order, and exceeding the 'relevant craft' removal powers laid down in S.8(2) of the BW Act 1983 by way of deploying bogus 'Enforcement Officers' to forcibly take possession of and seize the 'relevant craft', C&RT precluded any possibility of the exercising of any form of common law lien over the vessel by virtue of the fact that to do so, the object of the lien must come into the possession of the exerciser of the lien in a lawful and proper manner. So, presuming you are correct, when are CRT up in court? When I decide the time is right, . . and NOT when a few uninformed berks on an internet boating forum think so.
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Post by kris on Aug 31, 2022 9:46:19 GMT
So, presuming you are correct, when are CRT up in court? When I decide the time is right, . . and NOT when a few uninformed berks on an internet boating forum think so. That clock is ticking Tony. It’s good to know everything is stilll going according to your cunning plan.
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Deleted
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Post by Deleted on Aug 31, 2022 10:26:37 GMT
I'm never quite sure @rusty69 ... are you here to observe the demise, speed the demise or like some of us prevent the demise ?
Rog
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Post by naughtyfox on Aug 31, 2022 12:35:53 GMT
And so, it came to pass, that the once great and strong Thunderboat, its members standing proud (no jokes please), and strong, once pioneers, noble and righteous in their quest for freedom from tyranny and oppression began to become fatigued. The once merry band of brother (and sisters), whose comradeship, at its height was unrivalled, were now beginning to flag, the infighting taking its toll. The many entrenched combatants growing weary and despondent. As the Thundergoons posted less and less often, the good ship of thunder was becoming neglected. Its once shiny bright portholes, now dull and tarnished. Its proud signwrtiing faded in the sun; its once crisp white sails,worn and rust stained. It was but a matter of time before she sank below the surface. Yet another historic vessel condemned to the black inky deeps. Its stories of colourful characters now nothing but a distant memory; a story handed down through the generations. Are you still weeping for Princess Diana?
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Post by naughtyfox on Aug 31, 2022 12:36:57 GMT
I'm never quite sure @rusty69 ... are you here to observe the demise, speed the demise or like some of us prevent the demise ? Rog I'm just here for the chocolate biscuits, and cos I'm bored waiting for the BSS bloke. You could spend time wallpapering your coffin.
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Post by kris on Aug 31, 2022 16:04:16 GMT
I'm never quite sure @rusty69 ... are you here to observe the demise, speed the demise or like some of us prevent the demise ? Rog I don’t think he knows himself.
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Post by kris on Aug 31, 2022 16:09:31 GMT
I don’t think he knows himself. I do know myself. I've known myself for years. I am a bit disappointed of the first 2 suggestions though. Ffs don’t put him in contact with Tony. He will get him to take the engine out and leave it on the back deck for three weeks.
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Post by kris on Aug 31, 2022 16:14:18 GMT
Wrong thread. Anyway you get the idea.
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Deleted
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Post by Deleted on Aug 31, 2022 16:21:57 GMT
I don’t think he knows himself. I do know myself. I've known myself for years. I am a bit disappointed of the first 2 suggestions though. I wasn't suggesting but enquiring. Your poetic post, expressing your view on the current state of thunderboat appeared to rather relish its demise. Rog
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Post by Deleted on Aug 31, 2022 16:37:22 GMT
I saw, well done
Rog
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Post by thebfg on Aug 31, 2022 19:32:22 GMT
I'm never quite sure @rusty69 ... are you here to observe the demise, speed the demise or like some of us prevent the demise ? Rog I like Rusty's humour, it's a welcome break the normal issues.
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