Locked in car park

[Patma]

Nobody here gives a flying fig about access it's EGRESS we are bothered with. How hard is that for them to understand?????? It's all across the POC that you need a card to access, pin to access, permission to access, Fred had no problem getting in but he's had a heck of a job getting out!!

 

It was a free exit car park as illustrated by the loop in the road. Fred could not exit not because he din't have a swipe card, permission or a pin but because the barrier was broken.

Smoke and mirrors spring to mind........

[Patma]

It comes under the Information Commissioner's remit to ensure that authorities comply etc. with the ultimate sanction that they can face a 'contempt of court' charge.

 

See this report dated March 2009:http://www.ico.gov.uk/upload/documents/library/freedom_of_information/practical_application/monitoring_strategy.pdf

 

In particular note this para:

It should also be noted that a breach of section 77 FOIA, may lead to a criminal sanction. For example, where the investigation of concerns in relation to records management relates to the inappropriate or deliberate destruction or concealment of information with the intention of preventing disclosure to which an applicant would have been entitled.

 

Hope LD know a good solicitor

Oh dear oh dear, this gets worse. At least LD can represent Miss Hughes in court, she'll be safe with them:rolleyes:

[Toulose LeDebt]

Thank you foolishgirl, very helpful.

 

So it's a contempt of court offence eh? Well put that in the pile with the CPR 32.14 and CPR 31.23 offences I have a feeling Fred is on the verge of putting before the Court.

[Toulose LeDebt]

Good news interlude.

 

After three days and nights of non stop torrential rain it has stopped raining in Birmingham, the sun came out for 5 minutes right at dusk, it's drying quickly and it looks to me like we'll be seeing Ashes cricket from Edgbaston in the morning.

[Patma]

Thank you foolishgirl, very helpful.

 

So it's a contempt of court offence eh? Well put that in the pile with the CPR 32.14 and CPR 31.23 offences I have a feeling Fred is on the verge of putting before the Court.

You're quite right, he is 8-) with more than a little help from your good self:-D

What a tangled web they're weaving for themselves. Where will it end?

[foolishgirl]

Thank you foolishgirl, very helpful.

 

So it's a contempt of court offence eh? Well put that in the pile with the CPR 32.14 and CPR 31.23 offences I have a feeling Fred is on the verge of putting before the Court.

 

 

Sorry TLD - didn't mean to mislead. Not to supply information repeatedly comes under contempt, it is a criminal offence to deceive etc:

 

Freedom of Information Act 2000

77 Offence of altering etc. records with intent to prevent disclosure

 

(1) Where—

(a) a request for information has been made to a public authority, and

(b) under section 1 of this Act or section 7 of the [1988 c. 29.] Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,

any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.

(2) Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) No proceedings for an offence under this section shall be instituted—

(a) in England or Wales, except by the Commissioner or by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, except by the Commissioner or by or with the consent of the Director of Public Prosecutions for Northern Ireland.

[Patma]

That seems pretty clear, thankyou Foolishgirl.

I wouldn't like to be in the shoes of the sender of this email.

What sort of a boss would get their admin assistant into that sort of predicament rather than answer their own emails?

[Toulose LeDebt]

Thanks again FG. So if Mrs miss Ms Hughes insists on maintaining the FAAC was a RIB etc. then it would be for Fred to complain through the ICO presumably highlighting the fact that the mistake was replicated to their solicitors and ul;timately to Court?

 

But why wont they just admit that the barrier in question was a hydraulic FAAC barrier?

[Patma]

Good news interlude.

 

After three days and nights of non stop torrential rain it has stopped raining in Birmingham, the sun came out for 5 minutes right at dusk, it's drying quickly and it looks to me like we'll be seeing Ashes cricket from Edgbaston in the morning.

[Patma]

This one puzzles me.

9) How many court claims have been initiated by PCAD over the last 6 years in respect of alleged damage to property?

Answer: UnknownNo claims for damage to barriers.

 

What's all this then that Fred faces. Are we all dreaming?

[Toulose LeDebt]

This one puzzles me.

9) How many court claims have been initiated by PCAD over the last 6 years in respect of alleged damage to property?

Answer: UnknownNo claims for damage to barriers.

 

What's all this then that Fred faces. Are we all dreaming?

 

Probably just another genuine mistake.

 

What sort of a boss would get their admin assistant into that sort of predicament rather than answer their own emails?

 

Maybe they've installed a swear filter on the college computers and Bryan wasn't able to break through himself?

[royboy68]

This one puzzles me.

9) How many court claims have been initiated by PCAD over the last 6 years in respect of alleged damage to property?

Answer: UnknownNo claims for damage to barriers.

 

What's all this then that Fred faces. Are we all dreaming?

 

I think i can see where Patma is going with this one. Fred asked for details of claims for damage to property, didnt even mention the barrier. The reply has specificly mentioned that no claims have been submitted regarding barriers. Maybe no claim has been submitted and they are trying to hoodwink their way into getting a full payment for something they couldnt claim on because of their own procedures re access on a saturday.

[banker_rhymes_with]

Just a very quick one to observe that if it were not for CAG, just imagine how hard it would've been for Fred to battle such a cunning and determined foe.

 

Have they done this before I wonder?

 

If so, how many times?

 

The way they are conducting themselves suggests this is all too familiar territory for them. Once this hits the Press, it will be interesting to see if anyone else comes forwards to say a similar thing happened to them.

 

Cheers,

BRW

[Patma]

Just a very quick one to observe that if it were not for CAG, just imagine how hard it would've been for Fred to battle such a cunning and determined foe.

That's very true. I've thought of that a lot too. Fred has said many times how he would have been up the creek without a paddle without all the help and support coming from cag and with especially outstanding help from TLD.

The way they are conducting themselves suggests this is all too familiar territory for them. Once this hits the Press, it will be interesting to see if anyone else comes forwards to say a similar thing happened to them.

 

You may have something there. Who knows the more we dig into this mess, the more keeps coming to the surface and one day it will make a good story.

[Patma]

I think i can see where Patma is going with this one. Fred asked for details of claims for damage to property, didnt even mention the barrier. The reply has specificly mentioned that no claims have been submitted regarding barriers. Maybe no claim has been submitted and they are trying to hoodwink their way into getting a full payment for something they couldnt claim on because of their own procedures re access on a saturday.

 

We've had some insurance company computer printouts disclosed today, so it appears there was a claim,but how deep the rabbit hole goes I've no idea

[Toulose LeDebt]

Helford. Is it normal practice in your experience for an insurer to scribble out the initial claim value of say £1000 and amend it to say £3000 (on the initial claim form filled in by the person who received the claim initially) when it appears that the payout may become recoverable from a third party please?

[Patma]

That's a good point, TLD, I sent some of those insurance pages to our friendly local expert, Helford for his appraisal, but didn't think to send that one.

[Toulose LeDebt]

Patma you have a pm. Forgot to suggest that Fred goes out and buys ink cartridges and a ream of paper tomorrow before the cricket starts.

 

Also forgot to say one further copy of the second part for presentation to the SRA who might be particularly interested.

[Patma]

Patma you have a pm. Forgot to suggest that Fred goes out and buys ink cartridges and a ream of paper tomorrow before the cricket starts.

 

Also forgot to say one further copy of the second part for presentation to the SRA who might be particularly interested.

 

Got it thanks and I've replied.

Fred's a cricket philistine, it's wasted on him,give him a nice car park barrier though and he's happy.

 

Yes a copy of for the SRA, good thinking, I'll remember.

You'd better get some sleep. All that brain work ahead tomorrow, not to mention the tension oh and a dance to keep the rain away.

[bedlington83]

The college are claiming that the (old) barrier involved in the incident and subsequently replaced was a RIB and the 'new' barrier is a BFT.:-?

They're claiming the opposite aren't they, that a BFT was replaced with an RIB? At least that's how Claire Hughes has answered the FOI request. If you have other evidence to suggest that the college is claiming that the new barrier is manufactured by BFT, then it could be that they are trying to get Fred to pay for the replacement of the other barrier.

 

Haven't had a lot of success trying to track down the make and model of the original barrier. All I can say for sure about it is that it matched the one in the second pic in post 90. We've been back today to see if we could identify the make and model, but that barrier is no longer there now. It's been replaced with a new one. which has no identifying details other than the letters BFT running along the arm (We're wondering if Fred is being billed for both of them being replaced lol)

[bedlington83]

at first the only info they gave was that there was damage to the motor gear and linkage at a cost of £1274 plus VAT.

 

The next thing was that they wrote again about a week later informing him the whole thing had to be replaced.

Was the second barrier replaced a week after the first? If so, maybe Patma's joke in post 102 about them trying to get Fred to pay for both barriers is true!

[Patma]

Bedlington, you're right, well spotted.

In answer to my first question in the FOI request for the make, model of the current barrier she answers RIB, and for the make of the previous one she answers BFT (which we of course have proof is false).

In contrast in the disclosure info we have, which is copied from hers, we are told the old barrier is an RIB. Basically they can't get their stories straight, even though my email was cc'd to LD, and others

Was the second barrier replaced a week after the first? If so, maybe Patma's joke in post 102 about them trying to get Fred to pay for both barriers is true!

Who knows LOL. All we can say for sure is that something extremely fishy has gone on:D

[Toulose LeDebt]

Bedlington, you're right, well spotted.

In answer to my first question in the FOI request for the make, model of the current barrier she answers RIB, and for the make of the previous one she answers BFT (which we of course have proof is false).

In contrast in the disclosure info we have, which is copied from hers, we are told the old barrier is an RIB. Basically they can't get their stories straight, even though my email was cc'd to LD, and others

 

Who knows LOL. All we can say for sure is that something extremely fishy has gone on:D

 

It is on a day like this that I miss the now defunct 'Pray for Rain' forum. Our old compadre Alec Cox would be beside himself at the way this is panning out. You may remember a few pages back I mentioned Massimo Dallamano,cowboys, and fistfuls of dollars, well that film was based on a Japanese film (Yojimbo) in which the 'goody' played the two factions of 'baddies' against each other.

 

How right Oscar Wilde was in his essay coincidentally entitled "The Decay of Lying: An Observation" when he wrote: "Life imitates Art far more than Art imitates Life"

[Patma]

How right Oscar Wilde was in his essay coincidentally entitled "The Decay of Lying: An Observation" when he wrote: "Life imitates Art far more than Art imitates Life"

Very true and I would like to add.....

 

Magna est veritas et praevalet

Great is truth and it prevails

:D

[Patma]

It's just started raining here and it's blowing upcountry:eek: