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Post by Jim on Apr 4, 2024 13:39:04 GMT
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Post by thebfg on Apr 4, 2024 16:38:07 GMT
Not at all Martin, I said it was down to individual boaters and the judgement you refer to says the same. Mayers lost didn't he? When that judgement was made. Its quite important to take the whole paragraph rather than one sentence. The comment wasn't about distance but CRTs incorrect claim on the wording of the act. It's quite interesting. And I note that the judgement wasn't a judgment on the wording of the act but a judgement on whether the defendant complied with it and couldn't be used as any kind of case law. It's also worth noting that Bona fida was judged on and it has to be a genuine journey and not a journey to circumnavigate the legislation. Do you have a link to the paper you've cited? The full judgment is linked in this article. I found it an interesting read. www.communitylawpartnership.co.uk/gypsy-and-traveller-cases/boat-cases/canal-and-river-trust-v-geoffrey-douglas-mayers
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Post by dogless on Apr 4, 2024 17:16:36 GMT
Thanks for that thebfg ... reads pretty much as common sense I would suggest. Rog
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Post by Aloysius on Apr 5, 2024 5:51:13 GMT
Thanks. It sort of puts that one to bed. One of the consequences appears to be that if one is living on one's boat as a primary residence then by definition you can't be performing bona-fide navigation since that activity requires a boat-related purpose like transporting coal or whatever and the primary purpose of the boat (if it's a residence) is to be a home...gulp. Might be time to get a mooring while you still can...by the time the full extent of the cc-er surcharge has kicked in a few years from now it'll cost much the same anyway. But...the notion that a distance like 30 or 40 miles is required is still a nonsense, at least in the view of that beak; it's the act of changing locations between one parish and another that counts.
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Post by Tony Dunkley on Apr 5, 2024 6:22:24 GMT
Were you possessed of the wit to understand one particular point upon which HHJ Halbert placed special emphasis in the course of his obiter dictum, . . you would have found that even more interesting. But given your obvious pro anything C&RT does or says prejudices, . . probably not at all to your liking. Unfortunately for you, the trial transcript holds more useful information than does the Judgment, . . and you don't have the trial transcript, . . do you ! In the course of the obiter dictum recorded in the transcript, HHJ Halbert went to some trouble to satisfy himself that Geoff Mayers fully understood that although his boat ' Pearl' was 'seized', lifted out of the canal near Northwich, transported by road to the Gloucester area, then impounded by C&RT's agents with the owner refused access, . . that he, Geoff Mayers, retained full unencumbered ownership and good title to the vessel, . . and that he was within his rights, and the law, to go and collect his boat at any time he wished to, reclaiming it from the C&RT agents who held it, unlawfully impounded, on C&RT's instructions. This very useful, and difficult to argue with, item of Judicial opinion and legal guidance, was discovered by Nigel Moore and I whilst preparing a Defence to a 2014 C&RT County Court Claim for Declaratory and Injunctive Relief in respect of another boat (other than ' Pearl') that this so-called Trust had in its sights, . . with the intention of stealing.
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Post by thebfg on Apr 5, 2024 6:46:14 GMT
I'm not pro CRT, yet I'm not anti CRT. I wasn't concerned with the full transcript(at the time)
I thought the judgement was very interesting.
I would like to read the full transcript if its available.
Did he mention that if any costs need paying before collecting or could they be ignored?
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Post by Tony Dunkley on Apr 5, 2024 18:08:11 GMT
By way of a simple experiment, I'm posting this (below) to see if anyone is bright enough to pick up on it, and make the connection with something else that's already posted not very far away on the forum pages, . . and will later be re-posted as a follow-up to this post :-
"In the course of the obiter dictum recorded in the transcript, the trial Judge, HHJ Halbert, went to some trouble to ensure that Geoff Mayers, the boat owner, fully understood that although the C&RT claimed to have 'seized' his boat 'Pearl', when it was lifted it out of the canal near Northwich, transported it by road to the Gloucester area, then had told the owner that it now belonged to the C&RT and was impounded by its agents, and that he was not allowed access to it, . . that he, Geoff Mayers, did in fact retain full unencumbered ownership and good title to the vessel, . . and that he was within his rights, and the law, to go and collect his boat at any time he wished to, reclaiming it from the C&RT agents who held it, unlawfully impounded, on C&RT's instructions.
This very informative, and rather difficult to argue with item of Judicial guidance, and legal opinion, was discovered by Nigel Moore and I in a copy of a trial transcript I gave him whilst we were working on and preparing a (successful) Defence to a 2014 C&RT County Court Claim for Declaratory and Injunctive Relief in respect of another boat (not 'Pearl') that this so-called Trust had in its sights, . . with the intention of stealing it from the rightful owner, . . as the Canal & River Trust has, by 2024, now done to hundreds of boat owners in the course of many hundreds of unlawfully executed Section 8 boat removals."
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Post by thebfg on Apr 5, 2024 20:20:38 GMT
You complain about people posting unrelated post on your threads and them you go and do it yourself.
You complain about being harassed and then you harass others.
Odd behaviour really.
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Post by Tony Dunkley on Apr 6, 2024 1:01:20 GMT
You complain about people posting unrelated post on your threads and them you go and do it yourself. You complain about being harassed and then you harass others. You appear to have a major problem with reading and understanding the meaning of short passages of plain written English, . . although you're by no means the only one afflicted in that way. Ref. the first line of your post (above) :- That's nonsense, . . what I've posted IS connected or related to the subject matter of every one of the six different threads it was posted in, . . but you haven't been able to make the connection. Reading the post accessed via this link may help to make things somewhat clearer for you, . . it's the one that's going to be posted later on the six threads referred to earlier, and it's significance goes back to HHJ Halbert's obiter dictum remarks regarding with whom good title to ' Pearl' remained with after it was 'seized' by C&RT as a Section 8 'relevant craft' :- thunderboat.boards.net/post/393927/threadRef. the second line of your post (above) :- That's also nonsense, . . if you think that amounts to harassment, then you should explain how and why you assess it as such !
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Post by thebfg on Apr 6, 2024 7:05:03 GMT
OK.
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Post by on Apr 6, 2024 8:23:29 GMT
He is so predictable there is no point reading the content. If you add him to the ignore list the display shows like this. I know what he wrote because it is always the same so its not really worth cluttering up the screen. I use a phone so the worthless spam is quite disruptive.
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Post by Tony Dunkley on Apr 6, 2024 16:52:56 GMT
Apr 3, 2024 12:33:11 GMT 1 Andyberg said:
Cant find any trace of Mersey or Wyre in the for sale ads now…mebbee they have both sold?
_____________________________________________________________________________________________________________
For the special attention of Tom Deards, Lucy Barry, and the rest of the crooked lawyers at the Canal & River Trust's Illegal & Connivance Services
If Commercial Boat Services/Brian Clarke have sold either boat they're in big trouble, . . the Law - that's the real Law, NOT the pretend version that C&RT sells to mindless pricks like you - says that title to those two L&L Shortboats, Mersey and Wyre, remains with the owners they were seized from by the C&RT and its thieving contractors.
It's far more likely that both boats have been taken off the market because of the increasingly widespread publicity given to the fact that neither vessel is C&RT's or Commercial Boat Services to sell.
'Seizing' goods, an item, property, or belongings does not equate with acquiring 'good title', . . unless the seizure of the goods (etc.) has been properly and specifically authorized or ordered by way of an enactment, a Writ, or a Warrant.
This, apparently, incomprehensible (for all C&RT's gullible, unthinking supporters) and inconvenient (for C&RT and CBS) but undeniable fact is what makes every single one of C&RT's Section 8 boat "removals" unlawful, . . because the 'seizure' of the vessel in question is executed with the predetermined intention of either destroying the vessel, or selling it on to a third party, . . entirely absent any authority or documentation originating from any enactment or Court ordered 'seizure power' to do so lawfully/legally.
___________________________________________________
Paragraph 2) of Schedule 12) to the Tribunals, Courts and Enforcement Act 2007 states :-
Enforcement agents
2(1) In this Schedule “enforcement agent” means an individual authorised by section 63(2) to act as an enforcement agent.
2(2) Only an enforcement agent may take control of goods and sell them under an enforcement power.
_____________________________________________
The words - "enforcement power" are of special significance with regard to C&RT's unlawful seizures of Section 8'd boats from their rightful owners.
Neither C&RT, nor Commercial Boat Services bogus Bailiffs, have ever acted or are ever authorized to act under any such "enforcement power". It follows therefore that C&RT's Section 8 boat 'seizures', and the 'evictions' of the owners that usually accompany the 'seizing' of the vessel are all, without exception, wholly unlawful/illegal.
____________________________________________________________________________________________________________
Keeping in mind what's written above, . . now read what's written below :-
"In the course of the obiter dictum recorded in the transcript, the trial Judge, HHJ Halbert, went to some trouble to ensure that Geoffrey Mayers, the boat owner, fully understood the law with regard to the ownership of the boat that the C&RT had removed from the canal. Although the C&RT led the boat owner to believe that his boat 'Pearl' was legally 'seized' when it was lifted it out of the canal near Northwich, transported by road to the Gloucester area, then the owner told that it now belonged to the C&RT, was impounded by its agents, and that he was not allowed access to it, . . the Judge told Geoffrey Mayers that he did in fact retain full unencumbered ownership and good title to the vessel, . . and that he was within his rights, and the law, to go and collect his boat at any time he wished to, . . reclaiming it from the C&RT agents who held it, unlawfully impounded, on C&RT's instructions.
This informative, and rather difficult to argue with item of Judicial guidance, and legal opinion, was discovered by Nigel Moore and I in a copy of a trial transcript I gave him whilst we were working on and preparing a (successful) Defence to a 2014 C&RT County Court Claim for Declaratory and Injunctive Relief in respect of another boat (not 'Pearl') that this so-called Trust had in its sights, . . with the intention of stealing it from the rightful owner, . . as the Canal & River Trust has, by 2024, now done to hundreds of boat owners in the course of many hundreds of unlawfully executed Section 8 boat removals."
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Post by on Apr 6, 2024 17:05:38 GMT
He is so predictable there is no point reading the content. If you add him to the ignore list the display shows like this. I know what he wrote because it is always the same so its not really worth cluttering up the screen. I use a phone so the worthless spam is quite disruptive.
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Post by fi on Apr 6, 2024 17:08:47 GMT
Are you are trying to wind Tony up?
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Post by Jim on Apr 6, 2024 17:50:00 GMT
Its Tony whose trying the wind-up, with an old fashioned key. Pointless, we are all modern atomic clocks with new fangled digital displays.
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