Locked in car park

[Toulose LeDebt]

Just clarifying TLD, does the stuff from today go to it's destination tomorrow and then we hold fire on the N244?

 

Yes that's correct. The amended POC app doesn't carry the Court stamp so we must assume that this was sent directly from LD in which instance the Court may well not even have received their copy until the same day or even later.

To submit the application I have prepared would have been to assume that the Court upheld the application which to be frank isn't as clear cut a decision as it might normally be because they have after all gone straight back on their word of 1st July and have done so knowing that Freds application for a stay was refused specifically upon condition that they did not introduce this startling 'new' revelation into their case.

I think we should respect the Court and allow them to decide whether the circumstances surrounding the terms of the agreement and the new application constitute just behaviour or an abuse of process.

There is nothing to lose by waiting for an answer from the Court on this matter, the hearing date will be changed anyway to permit for new responses to any altered POC and it's not as if Fred wont be able to slap the application in within fifteen minutes of receiving a response in the affirmative anyway.

What we stand to gain is a small insight into the Courts decision making which might prove valuable. Personally I believe such an application to be abusive, I wait with interest to see how the Court views it.

 

But definitely get the bundle from today in to Court asap. And use the threat of the amended POC to apply a little haste to your Police dealings as suggested earlier by another poster.They have made a very large error in the last few days, please don't give them the slightest opportunity to realise what they've done and attempt to correct it before those documents get into Court.

[Toulose LeDebt]

Absolutely I agree, will do. The size of the print job is no problem. The SRA too?

 

Positiverly absolooterly. You may after all one day be in a position to reclaim the cost of ink, paper, envelopes and postage.

 

I live just over 25 mins drive from Leamington Spa, I'd happily drop a copy in myself by hand if I thought for one minute I could be in the room when they opened it.

 

(BTW I just realised that I've inadvertantly left the costings visible on TAB 24. I do hope the Judge doesn't notice these and form an opinion that somebodys 'trying it on'):eek:.

Edited July 30, 2009 by Toulose LeDebt

[Patma]

Confession time coming up re this celebrity chef clue.......

 

 

I was so busy trying to figure out the other one, I forgot about him.

mmmmmm very funny :lol:

[Patma]

I live just over 25 mins drive from Leamington Spa, I'd happily drop a copy in myself by hand if I thought for one minute I could be in the room when they opened it.

Oh what a prospect. Never mind, just hang around outside, but not near an open window in case the coughing and spluttering gets too violent. :pYou can take something to record the fallout too and play it back for the rest of us:D

[Toulose LeDebt]

I didn't know who he was myself until two days ago, call me old fashioned but I see tv as a chance to escape from reality not confront it, if pushed I'd have guessed it was Gordon Ramsey in the house.

[Patma]

You'd probably better come disguised if you venture down this way though, because call me psychic, but something tells me the name TLD :eek:will have a peculiar effect on certain parties.But don't worry because the great car park barrier menace will protect you and so will little me.

[Patma]

I didn't know who he was myself until two days ago, call me old fashioned but I see tv as a chance to escape from reality not confront it, if pushed I'd have guessed it was Gordon Ramsey in the house.

It's very educational too. From what you said the other day you got a little help with your legal style from the old court room dramas,and now you'll be a great cook as well.

I see nothing wrong with escaping this reality. In fact it looks like a sign of sanity to me, so good on you!

[Toulose LeDebt]

Signing off for the night now, if you're near a post office tomorrow it might benefit you to pop in and buy a stamp becaus tomorrow you will be practising the ancient Japanese style of Yojimbo.

[Patma]

Signing off for the night now, if you're near a post office tomorrow it might benefit you to pop in and buy a stamp becaus tomorrow you will be practising the ancient Japanese style of Yojimbo.

Goodnight TLD, you deserve a good rest.

I'll buy a whole book of stamps.

I think I have a good teacher8)

[noomill060]

How have I managed to miss this thread???

[foolishgirl]

How have I managed to miss this thread???

 

Oh noomill, do keep up!

[Toulose LeDebt]

OK, private joke. Just let me in on it when you eventually let the cat out of the bag & I'll forgive you both.

 

Oh I do apologise FG how rude of me, I'd forgotten that the matter hadn't been mentioned on the forum yet.

 

James May AKA Captain slow is the presenter.

 

The first officer to handle Freds application for the caution to be expunged was recently discovered to be on an 8 week period of annual leave and 'erm.... unavailability' and thus would not have been able to progress the matter until the week after the date set for the hearing and the officer involved in his absence has gone MIiA (Missing in inAction). Ho hum.

 

Their names are James and May AKA Sergeants Slow.

 

(Irrelevant now the matter has been escalated via the Polices Professional Standards dept.).

Edited July 31, 2009 by Toulose LeDebt

[foolishgirl]

Thanks TLD, Patma had PM'd me - now I get it!

[Patma]

Good morning, it's another nice rainy day down here, hope it's more promising up in the midlands, TLD.

Fred is busy getting stuff ready down at his end and I'm doing the same here and then it's off we go to the court with your awe-inspiring (and I don't say that lightly) document.

I would love for the other caggers to be able to see this, but that will have to wait till an appropriate tiime I guess.

Just spoken to Fred and he cconfirms nothing has arrived from the court as yet re the amended POCs.

[Toulose LeDebt]

good luck to you both with that, and I'd check your email before you leave.

[Toulose LeDebt]

Crikey get on TMS now!! 2 balls 2 wickets Ponting pouting.:D

[Patma]

oh wow brilliant thanks:D

[Patma]

I have an update. Fred has managed to get through to the court on the phone and been informed that the court has accepted the amended POCs and he should receive an order tomorrow.

Oh well C'est la vie.

Yojimbo it is then:p

[Toulose LeDebt]

Thank you Patma.

 

It is interesting to note that less than one month after an agreement was reached in ***** County Court that the claimant would not use the caution within their claim and Freds application for a stay was refused upon this conditional agreement that the same Court is content to accept the introduction of the exact same caution.

As I said this tells us much about the Courts approach to the case, I am of the honest belief that if the Court had seen fit to see such an application as contemptuous the claimant would not have had cause to argue any such decision. (It was after all first mentioned by the claimants representatives back in 2006 so is hardly the startling new revelation they present it to be).

It may well be although that the Judge who read the application was not aware of the existence of the agreement of the 1st of July in which case I surmise the Court might not be particularly pleased to discover the claimant has reneged on the agreement and I've a sneaky feeling they will find this out sooner rather than later.

 

It is however not a problem and may indeed even serve to aid Freds case for have certain claims and statements been made in the amended POC's which are provably false and was the claimant not made aware of such concerns several weeks ago? It will now be impossible for the claimant to plead effectively that such claims were made 'unknowingly' in the event that this becomes a neccesity.

They have also rested their case upon the existence of the caution, if it were expunged then it shall not only be deemed not to exist but also to 'never have existed' in law which creates a rather tricky situation for the claimant if it is expunged prior to any hearing and for the Judge both at and after the hearing.

 

 

Still I see this as an marvellous opportunity to compose an amended defence for presentation against the new POC's. I think there's enough there to make the barrister earn her fee.

Edited July 31, 2009 by Toulose LeDebt

[Toulose LeDebt]

Here's the Text in a format you can copy and paste:

 

Final

 

PLYMOUTH COLLEGE OF ART AND DESIGN

CORPORATION

MEETING OF FINANCE AND GENERAL PURPOSES (F&GP)

 

Date: Tuesday 14 February 2006

Present:

Michael Gillett Chairman

Chris Bray Business Member

Robyn Brimacombe Co-opted Member

 

In attendance:

 

Lynne Staley-Brookes Principal

Mandy Armstrong Deputy Principal and Director of

Management & Academic Information (DP)

George Dexter Director of Finance & Business Development ((DoF)

Lynn Tincler Clerk

Linda Crook Minute Secretary

 

MINUTES

 

1 APOLOGIES FOR ABSENCE AND DECLARATIONS OF INTEREST

 

Carolyn Stoakes, Jane Turner, Ken Farnham. There were no declarations of interest.

2 MINUTES OF THE PREVIOUS MEETING

 

The Minutes of the Meeting held on Tuesday 29 November 2005 were agreed to be a true and accurate record. The Independent Committee Member commented on Agenda Item 14, Financial Regulations, stating that the sentence on depreciation was not technically correct, and should be noted as "time to write the cost off should be to reflect the useful life of the asset".

 

RESOLVED that the minutes be approved for signature by the

Chairman as a true record of proceedings

Voting Unanimous

ACTION: DOF to amend Financial Regulations

 

3 MATTERS ARISING

 

29-11-05 – Item 13 – Annual cost of Living Award

This was awarded as approved by Corporation.

29-11-05 – Item 14 – Financial Regulations – change of wording

Approved by Corporation. DoF to note above action.

29-11-05 – Item 16 – Health & Safety – affiliated governor to be invited to

next H&S Committee Meeting

The affiliated governor had been invited to the next H&S Committee meeting, and would be receiving committee papers.

 

4 AGENDA ITEMS

 

18 Management Accounts

 

The DoF stated the Management Accounts to December 2005 showed an Income and Expenditure surplus/(deficit) of £0 variance. Positive variances had been reported for earlier periods, and it was anticipated that future months would show adverse variances. The year end outturn was projected to be around £150k. A capital grant of £225k had been allocated to PCAD as its share of the Partner Colleges capital allocation. This had been applied to IT equipment already purchased this year, and a claim made to UoP on this basis. There would be a resulting deferred grant release of £75k in the full year, £31k of which the DoF had included in these accounts. Regarding pay expenditure, item 2.31, there are considerable pressures due to current vacancies now being filled and there was a forecast negative variance of £50k over the year. It was noted the non-pay budget would also remain under pressure for the remainder of the year as set out in the paper; some counter balance savings had been made in respect of depreciation interest.

 

Interest charges were below budget as PCAD had not yet drawn down the additional loan of £550k; this would probably occur in February 2006. Capital, item 3, was broadly on target, regarding Report 4; the Asset Tagging would be implemented over the Easter period. The cash balance remained positive at £29k, with a month end cleared cash balance of £169k; the cash flow forecast remained strong. The cost of the property strategy had not been included. DoF stated he had registered PCAD for VAT and this could now be reclaimed on some FE capital expenditure under the Lennartz Judgement. This would have to be repaid over the life of the asset. The principal’s view was that cash needed to be spent on staff, students, etc, not kept as an unnecessarily large reserve unless in line with the College’s policy; there was however a cash reserve built into the accounts. The Chairman summed up by stating the DoF had everything under control, but alternative ways of obtaining income needed to be explored.

RESOLVED by unanimity to recommend the Management Accounts

for December 2005 for Corporation approval.

 

19 5-year Financial Plan

 

The DoF presented his papers on the initial projection and assumptions for the College’s 5 year Financial Plan from 2006 to 2011. The DoF stated the paper was to agree the framework and process and sets out the key assumptions upon which the plan would be produced. The key assumptions were that PCAD would move from its current LSC financial health category "B" to "A", maintaining the confidence of the stakeholders, introduction of a Reserves Policy and obtaining for Value for Money. Also it was noted that the proposed measure for VFM differed from the LSC, the DoF suggested a further measure regarding the costs to produce a successful student. The Chairman stated there were two strands to this plan, key objectives and measures of performance; these must be identified and categorised and suggested that each area was considered separately. It was thought that "Delivery of the Academic Plan" should be the first bullet point, with the rest following on. The basic document would be submitted to the LSC, together with the Property Strategy. The Chairman queried the advantage of PCAD moving from financial health category "B" to "A"; the Principal stated it impacted on the perception and judgement made by stakeholders of the College. Category "A" would be perceived as much better than "B" or "C", therefore it was tactically important to achieve this; all agreed. Regarding measures of performance the DoF suggested one area could be to measure the cost per student attending PCAD, not necessarily only successful students. This would involve working with the funding council looking at qualitative aspects including progression; further work was needed on a value for money model. The DoF stated another key issue would be to obtain comparators with different institutions who would be working in a different way. The DoF stated the word "successful" had been included due to the fact that yields and success rates at PCAD were high. The Chairman stated it would be useful to monitor students’ progression. The Principal stated the Government were looking to reduce core unit funding, and it would be important in specialist Colleges to measure progression into employment, value for money and successful students should be considered in both qualitative and quantitative terms. The Chairman requested that more substance was put into the document regarding measures. The DoF continued regarding 3.2 "Assumptions", these would link back to the Academic Plan. The Chairman stated he would like the word "will" removed from all the assumptions. Regarding 4. Risks and Sensitivities one major risk was not achieving the Academic Plan, at the end of March there would be firmer results regarding HE recruitment. The SMT were modelling worst case models in order to consider different scenarios. The Principal added there was a paper to be presented at Curriculum and Quality Committee updating PCAD’s current position, which reviewed new student applications and explained increased arrangements on the College’s Marketing Plan. Strategic marketing would be important to achieve the whole plan; the Chairman commented that student numbers were unpredictable. The DoF stated further work was needed to develop the Reserves Policy, which would provide a rational basis for determining the magnitude of cash balance required. The Principal stated F&GP Committee needed to agree today the basis of the planning and this should be brought back, populated, to a later F&GP meeting. Under recruitment was high risk for the College, and the DP had included the worst possible scenario, this would link to the College’s Risk Register. Reserves Policy, wordings under 3.1 and 3.2 were queried; it was thought the wordings may be rephrased, deleting "£2M". Contingency Planning Methodology was then discussed, together with potential student number shortfall. The Committee agreed to approve the recommendations with further work by the DoF, for resubmission to F&GP at the next meeting.

RESOLVED by unanimity to approve the recommendation as follows

i) planning framework and assumptions,

ii) Contingency planning methodology; and

iii) Reserves policy concepts,

With further work by the DoF for resubmission to F&GP on the 16

May 2006.

 

20 Key Corporate Targets

 

The DP stated this was a comparison of where PCAD was against contract; the College was on track for FE, HE and WBL. FE was over contract as a result of yield, additionality ran earlier in the year and this model had worked well this year. Due to LSC changes in funding next year, level 3 provision was being reviewed with regard to ND and Foundation courses. HE had met the student retention target of 485 in December, which would eenable £51k to be released to the College from UoP. WBL was over contract by 25%, there were more 16-18 year olds this year. This position was looking positive from a funding contract point of view.

NOTED

 

21 Property Strategy/Capital Build Working Group

 

The DoF stated he had met with the Property Strategy Project Managers Gardiner & Theobald (G&T) and was arranging bi-weekly meetings with the Project Manager. A Monthly Project Working Group was being set in place and an estimate of phasing costs would be produced. The College was required to retain their own agents and lawyers.

NOTED

 

22 Estates Update

 

The DoF stated PCAD now had a permanent Estates Manager in place and was undertaking a review of the structure of the Estates team. As previously reported, the DoF was exploring the purchase of the Regent Street land, and it had been decided not to pursue this until after the completion and approval of planning for the Property Strategy. Regarding the Lift in Tavistock Place, an expert report would soon be finalised. PCAD was likely to claim between £100k and £150k for the faulty lift and faulty flooring. The transition to the new car parking arrangements at Tavistock Place had been completed and was effective. Congestion had been much reduced. Students were still being allowed to park in the car park evenings and Saturdays. A new swipe card system was to be piloted in some of the rooms in Tavistock Place this term, starting with the IT Suites. Asset tagging would be undertaken during Easter Week. The Studio Theatre formal handover was due this week. The DoF stated he was undertaking a review of security in Tavistock Place Building and was looking at quotes to seal off the foyer in the evenings.

NOTED

 

Robyn Brimacombe left the meeting which remained quorate

 

23 Health and Safety (H&S) Update

 

The Health and Safety Committee was in operation; the initial audit had been carried out by our Health and Safety advisors and staff training had been put in place. On the 21 February, Tribal were in College to carry out a further audit of H&S processes.

NOTED

 

24 Human Resources Update

 

Head of HR informed the Committee that the College would be having its second "Investors in People" review on 14 March 2005.

NOTED

 

5 ANY OTHER BUSINESS

 

The DoF advised the Committee he wished to discuss how Risk Management should be reported to Corporation. The DoF explained the Audit Committee currently receives and monitors Internal Audit Risk Management reports and satisfies itself with the process of risk management. He queried whether F&GP wished a report on the key risks managed by the Risk Management Committee. It was agreed that F&GP did not require a report as long as Audit was satisfied with the process and that an annual report should be brought to Corporation of what has occurred over the year and what is planned for the future.

 

The meeting closed at 10.10 am

 

6 DATE OF NEXT MEETING – Tuesday 16 May 2006 at 8.30 am in Room 3.15

 

 

Approved ……………………………………………………

Chairman

 

Date …………………………………………

 

Circulation: Michael Gillett, Lynne Staley-Brookes, Caroline Seymour, Barry Sanigar, Robyn Brimacombe Jane Turner, Chris Bray, Ken Farnham, Carolyn Stoakes, Mandy Armstrong, George Dexter, Clerk, Linda Crook, Library

 

 

Thank you for posting this text version BRW. You are a Superstar!!!

 

 

It appears that the minutes of this particular meeting have been removed from the website as have certain other PCAD meeting minutes.

[bedlington83]

It appears that the minutes of this particular meeting have been removed from the website as have certain other PCAD meeting minutes.

They're at http://owl.pcad.ac.uk/files/document...ry%20Final.pdf

 

Are you using a different address?

[banker_rhymes_with]

Hello TLD!

 

It appears that the minutes of this particular meeting have been removed from the website as have certain other PCAD meeting minutes.

 

Too slow to beat the CAG Battleship when in full sail!

 

They'll have to move faster than that if they want to catch us out!

 

Cheers,

BRW

[Toulose LeDebt]

They're at http://owl.pcad.ac.uk/files/document...ry%20Final.pdf

 

Are you using a different address?

 

Thank you Bedlington must have been having a thicko moment and using a different address.

 

(BRW- Duly saved to hd as per the other thread ).

[My Real Name]

Google has all of the documents indexed, linked and cached.

 

And now, so can you.

[foolishgirl]

Now this bit in the minutes of Feb 2006 could be really interesting -

 

'PCAD was likely to claim between £100k and £150k for the faulty lift and faulty flooring'

 

Now who was that claim made against I wonder? And were any insurance companies involved? Perhaps another FOI request?