Locked in car park

[Yorky2008]

I agree, Yorky, however we have to remember that solicitors do rather stick together and watch one another's backs. We'll soon see how this goes hopefully though.

 

that does seem to be the case, if the SRA give you the brush off is there a further body/course of action to take?

 

After all if the 'police are policing the police' and covering up then there should be a fully independant course of action.

 

Yorky

[Patma]

The Legal Services Ombudsman is the last resort to complain to about lawyers. You can only complain to the ombudsman if you've gone through the complaints procedure with the relevant professional body and are dissatisfied.

[bedlington83]

Imagine the problems it might cause Plymouth College of Art if the person before Fred also had to lift up the broken barrier manually?

Or worse/better that the footage shows that the barrier had reset itself after Fred raised it and was then working normally and not in fact broken at all

[scuzziemoo]

Just saw this and thought it definitely could've been worse lol

 

[labrat]

hows the passing to the student rag going btw?

[Annoying Twit]

Our sources intimate that Lyons Davidson might be desperately racking up rather a large amount in further costs for Plymouth College of Art attempting to convince Devon and Cornwall Constabulary that they 'might have got it wrong'.

 

What are those people thinking? Perhaps I can engage with my bank and try to convince them that they've left some zeros off the end of my balance.

[Patma]

For you news -hungry caggers, I have a little update.

A court order arrived yesterday which reads as follows....

"Upon reading the defendant's attached application dated 4th September, it is ordered that the said application be dealt with in writing, the claimant to respond to the said application on or before 21st September."

 

The application it refers to is one Fred put in because his amended counterclaim was being ignored. He submitted an application to amend his counter, as he had been told it was not particularised enough by the judge. A total of 4 applications were submitted which the judge orered the claimant to respond to. They sent in a wingefest in response and pointedly ignored the counterclaim. The judge is set to rule on the 4 apps at the application hearing which directly precedes the full hearing on 17th November, but Fred was concerned his counterclaim was being swept under the carpet yet again, so he applied for the judge to order the claimant to respond, either by filing a defence or admitting the counterclaim within 14 days or judgment by default be entered against them.

[Patma]

TLD if you're around, you need to spring clean again;)

[Bookworm]

Good on Fred. (I hope he is keeping tally of his costs, just the court fees must be amounting to a fair amount by now!)

[Toulose LeDebt]

TLD if you're around, you need to spring clean again;)

 

 

Okay Patma I've cleared some room. I'll be home sometime later today to catch up properly, and have some thoughts on the email you sent a few days back.

[Annoying Twit]

The application it refers to is one Fred put in because his amended counterclaim was being ignored. He submitted an application to amend his counter, as he had been told it was not particularised enough by the judge. A total of 4 applications were submitted which the judge orered the claimant to respond to. They sent in a wingefest in response and pointedly ignored the counterclaim.

 

What is the likelihood that

 

1] LD will continue to ignore the counterclaim

 

and

 

2] That this strategy will work in their favour

 

?

[foolishgirl]

Are you opening a book on this AT - think you could be paying out quite a bit on the bets

[dw190]

Don't know about AT opening a book on the outcome but after reading for two and a half hours I think someone out there will be preparing to write a book on the whole episode.

 

Well done to all the contributors for turning one mans nightmare into a full blown epic.

 

Just can't wait to see the flags of victory flying.

[Patma]

What is the likelihood that

 

1] LD will continue to ignore the counterclaim

 

and

 

2] That this strategy will work in their favour

 

?

 

Well looking at the wording of this order, I'd say both of the above.

[Annoying Twit]

Well looking at the wording of this order, I'd say both of the above.

 

 

????? I think we've spoken at cross purposes somewhere. Can you please explain in slightly more detail?

[Patma]

Sorry AT, just a little confusion about the wording;)

[Patma]

I sent an FOI request to Mr George Dexter of Plymouth College of Art on 24th August, which he has chosen to ignore. All I asked for was the Procurement and Disposal Policy of the college as referred to in the FOI section of their website as being freely available upon request.

I even sent him a reminder about 12 days and cc'd it to another senior member of Plymouth College of Art. This did elicit a one line response from the busy Mr Dexter telling me my request would be complied with, but time is up and he didn't respond.

Seems I'll just have to go around him or over his head.

[Patma]

Instant reply received from the very helpful gentleman I've emailed pointing out the lack of response to my FOI and he's going to sort it out.

[cirian75]

Cool, hopefully Mr George Dexter's ivory tower is going to get rattled a bit.

[Patma]

This is the second time I've had to resort to the "very helpful gentleman" because a FOI has gone unanswered. The first one being my request to Mr Bryan Turner for barrier details.

It's a good thing someone at Plymouth College of Art is on the ball and happy to comply with the law.

[Patma]

My FOI request has been answered today and is pretty long.

Now it needs digesting to see if there's anything helpful to be found in it.

Here goes......

-----------------------------------------------------------------------

 

Financial Regulations

 

19.3 Procurement

The College requires all budget holders, irrespective of the source of

funds, to obtain supplies, equipment and services at the lowest possible

cost consistent with quality, delivery requirements and sustainability,

and in accordance with sound business practice. Factors to be

considered in determining lowest cost are noted in the financial

procedures.

The director of finance is responsible for:

● developing appropriate standing supply arrangements on behalf of

the College to assist budget holders in meeting their value for money

obligations and ensuring that those arrangements are complied with

● ensuring that the College’s purchasing policy is known and

observed by all involved in purchasing for the college

● advising on matters of institution purchasing policy and practice

● advising and assisting departments where required on specific

departmental purchases

● the director of finance will support the drafting and negotiation

of contracts where appropriate. The director of finance will review all

contracts entered into by the College and recommend their approval by

the principal.

● ensuring that the College complies with EU regulations on public

purchasing policy.

Financial Procedures

 

 

3.1 PROCUREMENT PROCEDURE

 

A. PURPOSE

 

The procurement procedure ensures that the College purchases goods and

services which:

 

· Are appropriate for the purpose;

· Provide value for money; and

· Comply with the Financial Regulations and Procedures.

 

B. SCOPE

 

The policy covers the procurement of goods and services from suppliers

from the approved standing supply arrangements. All suppliers on the

Southern Universities Purchasing Consortium (SUPC) and the Crescent

Purchasing Consortium (CPC) registers are considered to be approved

suppliers.

 

C. PRINCIPLE

 

The Director of Finance is responsible for developing appropriate

standing supply arrangements on behalf of the College to assist Budget

Holders in meeting their value for money obligations and ensuring that

those arrangements are complied with. Heads of Departments and

delegated Budget Holders should use appropriate standing supply

arrangements approved or developed on behalf of the College by the

Director of Finance. When these arrangements are used the Heads of

Department and delegated Budget Holders need not seek alternative

quotations or tenders.

 

D. PROCEDURE

 

1. ENSURING VALUE FOR MONEY

 

a) Standing Supply Arrangements

 

Where standing supply arrangements exist the Budget Holder should use

SUPC or CPC websites to determine the most appropriate supplier. The

method is set out in Appendix 1

 

b) Non Standing Supply Arrangements

 

Where the SUPC or CPC do not contain suppliers who provide the goods or

services being sought, or it is felt that better value for money could

be obtained from a non SUPC or CPC supplier the Budget Holder may seek

additional tenders or quotations from non consortium suppliers. The

supplier that gives best value for money must be used

 

Where approved standing supply arrangements are not in place for

specific goods or services to be purchased, Heads of Departments and

delegated Budget Holders must comply with the College’s tendering

procedures contained in the College’s code of tendering practise, which

are applicable as follows:

 

· Under £1,000 – the Budget Holder shall have the

discretion to decide whether or not to obtain quotations, but value for

money must

always be obtained.

· From £1,000 to £10,000 – the Budget Holder shall be

required to obtain at least three quotations or competitive tenders.

· All Capital items must be supported by at least three

quotations or three competitive tenders.

 

The Director of Finance will carry out a review of these arrangements

on a cyclical basis to ensure that the value for money is being

maintained.

[Patma]

2. SUPPLIERS OF SERVICES NOT WITHIN THE SCOPE OF THE CONSORTIUM

 

Standing supply arrangements are established through a competitive

tendering process every three years. The administrative arrangement is

notified to the Finance Department so that purchase orders so not need

quotes attached but just state the tender agreement number.

 

3. CONSULTANTS AND ADVISORS

 

A consultant or advisor is an individual or firm which provides

consultancy services. A consultant or advisor may not be retained

unless:

 

a) The terms of reference for the consultancy have been agreed by

the Principal

 

b) At least three quotations have been obtained for the provision of

services, except when a waiver has been obtained from the Principal

 

c) The selection process shall be transparent and the selection made

against the criteria set out in the terms of reference

 

d) The consultancy shall be clearly limited either in time or by

output

 

A register of consultants shall be maintained and a record made of

their performance. This register will be used in the consultant

selection process.

4 ORDERING PROCEDURES

 

Goods and services will be ordered and paid for in accordance with the

section 3.4 of the Financial Procedures relating to:

 

a) Standard supply arrangements.

 

b) Obtaining competitive quotations from the list of actual or

potential suppliers if not using a standard supply arrangement.

 

c) Authorisation of orders

 

d) Receipt of goods

 

e) Payment of invoices

 

5 ORDERING AUTHORITY

 

The Director of Finance will establish and maintain systems and

procedures and allocate resources to:

 

a) Obtain quotations for all services and suppliers with a projected

annual value of greater than £10,000 if not using a standard supply

arrangement supplier

 

b) Provide advice and support as required for non finance staff in

purchasing goods and services over £1,000 if not using a standard supply

arrangement supplier

 

c) Review the approved supplier lists on a cyclical basis to ensure

that the supplier continues to be the best value source if not using a

standard supply arrangement supplier

 

 

 

 

 

Financial Regulations

 

21.7 Asset disposal

Disposal of equipment and furniture must be in accordance with

procedures agreed by the finance and general purpose committee and

contained in the College’s detailed financial procedures.

Disposal of land and buildings must only take place with the

authorisation of the Corporation. Funding body consent may also be

required if exchequer funds were involved in the acquisition of the

asset.

 

 

 

Financial Procedures

 

Section 2.2

 

viii) Annual Review of Economic Life

Financial Reporting Standards require that the economic lives of all

assets are reviewed each year. This is carried out as follows:

 

a) A systematic review of high valued items is carried out each year by

the Financial Controller.

b) The relevant managers in IT, Curriculum and Estates should inform

the Financial Controller if they become aware of a significant change of

useful economic life of any asset e.g. obsolescence or damage.

c) Each year a full audit of assets is carried out using Asset FM

handheld sets. This confirms the physical existence of assets on the

College premises. A reconciliation process is then undertaken to bring

Asset FM in line with the physical check.

d) When an asset falls out of use e.g. loss, damage of obsolescence,

the relevant managers in IT, Curriculum or Estates completes a Capital

Disposal form and passes this t

o the Finance Department. If the item is

disposed of then only the relevant people as laid out in the delegated

authorities may authorise the deposal. The Finance Department then

updates Asset FM to record the effects of the disposal.

 

Douglas Langford

Financial Controller

Plymouth College of Art

[Patma]

The person listed on Plymouth College of Art 's website as responsible for providing this information was most reluctant to comply, so it may be worth analysing to find out why. Let's see what we can come up with.

[Patma]

I'm particularly interested in spotting whether anything relevant appears to be missing from the document I've received.

[car nut]

I'm particularly interested in spotting whether anything relevant appears to be missing from the document I've received.

 

 

how are you going to tell?