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#41
posted to rec.boats
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Okay, so here's what happened.
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#42
posted to rec.boats
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Okay, so here's what happened.
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#43
posted to rec.boats
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Okay, so here's what happened.
"Steve B" wrote in message
... "John H" wrote in message ... On 27 October I took my boat in to get the oils changed and engine winterized. Also wanted them to check the alternator. Told them, Dumfries Marine, that they could take their time as I'd be out of town for a few days. I got back in town after a trip to NC, and saw no message on the machine from them. Didn't worry. Waited another week, but still had heard nothing. Finally, around 9 November, I'm thinking they should have called, so I call them. No answer. Leave a message. Next day same thing. I call, no answer, leave message. I did this every day that week. I try over the weekend - nothing. The next week comes and I start by calling them on Monday, that's 16 Nov. No answer. Tuesday AM I drive to Dumfries to see what the hell is happening. No one around (at about 10:30), no sign on door, no nothing. My boat is behind the building with a padlock on the hitch, but other than that there is no security. Wednesday I call again, nothing. I drive down Thursday, and again on Saturday morning. Nothing. Yesterday AM I call and get a recording that the phone's been disconnected. ****. I call the Dumfries Police. Explain what's happened. They try to call and get the answer machine. The 'disconnected' recording was a fluke, or I misdialed. Don't know. The police said they'd check things out and get back to me. They also said I might have to take the matter to civil court as they have no report of a crime. I tell them that as far as I'm concerned my boat's been stolen. They never got back to me. This morning I rent the biggest bolt cutter the rental place can provide. Costs me ten bucks. I'm off to get my damn boat. When I get there I see a pickup backed up to the door and a bunch of stuff loaded in the back. I try the door and it's open. I yell and someone replies. Turns out to be one of the two brothers who run the place. I ask what the hell's going on. He shrugs, but doesn't answer. I ask if they're still in business. Another shrug. Finally I tell him I want my damn boat. He hands me the keys. When I ask him why he hasn't called, his response is, "Personal problems." Anyway, I get my boat and go. Last time I go there for anything. -- John H Good on you for getting your boat back. Bad on you for taking yourself so damn long. You're lucky you got it back at all, as in that much time, it could have floated out of there, never to be seen again. A good deed to those people who were losing their business, yet had enough decency not to sell your boat for parts to the first scavenger who came along. Steve Yes. Good for being persistent and not breaking the law. You never know what really happened with those people... They may very well have intended to make things right. -- Nom=de=Plume |
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#44
posted to rec.boats
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Okay, so here's what happened.
On Tue, 24 Nov 2009 20:35:01 -0800, "nom=de=plume"
wrote: "jps" wrote in message .. . On Tue, 24 Nov 2009 18:22:53 -0800, "nom=de=plume" wrote: "Gene" wrote in message ... On Tue, 24 Nov 2009 17:09:12 -0800, "nom=de=plume" wrote: "Gene" wrote in message om... On Tue, 24 Nov 2009 15:34:53 -0800, "nom=de=plume" wrote: "John H" wrote in message news:cmjog5pf3q1n5mf5nongv4l517jtd4m6so@4ax .com... On 27 October I took my boat in to get the oils changed and engine winterized. Also wanted them to check the alternator. Told them, Dumfries Marine, that they could take their time as I'd be out of town for a few days. I got back in town after a trip to NC, and saw no message on the machine from them. Didn't worry. Waited another week, but still had heard nothing. Finally, around 9 November, I'm thinking they should have called, so I call them. No answer. Leave a message. Next day same thing. I call, no answer, leave message. I did this every day that week. I try over the weekend - nothing. The next week comes and I start by calling them on Monday, that's 16 Nov. No answer. Tuesday AM I drive to Dumfries to see what the hell is happening. No one around (at about 10:30), no sign on door, no nothing. My boat is behind the building with a padlock on the hitch, but other than that there is no security. Wednesday I call again, nothing. I drive down Thursday, and again on Saturday morning. Nothing. Yesterday AM I call and get a recording that the phone's been disconnected. ****. I call the Dumfries Police. Explain what's happened. They try to call and get the answer machine. The 'disconnected' recording was a fluke, or I misdialed. Don't know. The police said they'd check things out and get back to me. They also said I might have to take the matter to civil court as they have no report of a crime. I tell them that as far as I'm concerned my boat's been stolen. They never got back to me. This morning I rent the biggest bolt cutter the rental place can provide. Costs me ten bucks. I'm off to get my damn boat. When I get there I see a pickup backed up to the door and a bunch of stuff loaded in the back. I try the door and it's open. I yell and someone replies. Turns out to be one of the two brothers who run the place. I ask what the hell's going on. He shrugs, but doesn't answer. I ask if they're still in business. Another shrug. Finally I tell him I want my damn boat. He hands me the keys. When I ask him why he hasn't called, his response is, "Personal problems." Anyway, I get my boat and go. Last time I go there for anything. -- John H It's probably pretty good that you didn't act on getting your boat with the bolt cutters. Even though it was your boat, you could be charged with trespass, breaking/entering, perhaps property damage, and God knows what else. Been there, done that, bought the T-shirt. John's actions were BY FAR the best approach. To assume that our court system works is to engage in a fool's errand. You will spend forever engaged in placating the system and paying obscene amounts to attorneys.... with unpredictable results, at best. When faced with this sort of issue.... a wise individual seeks forgiveness, NOT permission..... -- It is usually futile to try to talk facts and analysis to people who are enjoying a sense of moral superiority in their ignorance. -Thomas Sowell Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.tranquilrefuge.net/boating/the_boat/my_boat.htm Forté Agent 6.00 Build 1186 Beta No problem if you don't mind spending a couple of days in jail while they sort it out, and it's still illegal to damage property, trespass, etc. Been there, done that..... by the rules..... (which in hindsight and with knowledge of the law) was really stupid. Knowing what I know, now..... and with previous counsel of attorneys..... John was prepared to take the ONLY sane WISE course of action available to him. Pretend you are the DA.... tell me why you are arresting me for "stealing" property for which I have a Certificate of Title. Want to try to make that breaking and entering charge stick without proof? Try me, I'll have your ass...... Here's a thought exercise for you... DA: Did you or did you not enter SoSo's property without permission? He didn't respond to my phone calls and during three visits to the property during business hours, he was not on the premises. The premises appeared to have been abandoned and I didn't want my boat to be interpretted as abandoned. Gene: It was my boat. DA: Non-responsive. Would the court please direct the witness to answer the question. Judge: Answer the question. Gene: Yes. DA: Did you damage SoSo's property in the act of removing the boat from said property? I had full intention of reimbursing SoSo's cost of the security device, if I could *find a way to get a hold of him.* Judge: Well Gene, seems like you took matters into your own hands and normally we'd frown on such an act. But under the circumstances I understand your concern and think you conducted yourself in a reasonable manner. We'll drop all charges when you've made restitution to the scum bag who didn't bother to call you to let you know they were going under. Maybe... it would have to be pretty obviously abandoned property. A few calls and a few tries probably wouldn't be enough. You can't break laws to prevent someone else from breaking the law. Also, using "intention" as a defense might work, but lots of people claim that... it wasn't my "intention" to kill him, but my hand slipped and the gun went off. I expect, given the circumstances, the judge would be pretty lenient. If the Bigot Herring's story is accurate, he did put a lot of effort into trying to contact the shop, including two trips. If Bigot Herring's boat was on unsecured property, I think most city attorneys would think no harm, no foul. |
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#45
posted to rec.boats
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Okay, so here's what happened.
On Nov 24, 11:39*pm, "nom=de=plume" wrote:
"I am Tosk" wrote in ... In article , says... On Tue, 24 Nov 2009 17:09:12 -0800, "nom=de=plume" wrote: "Gene" wrote in message .. . On Tue, 24 Nov 2009 15:34:53 -0800, "nom=de=plume" wrote: "John H" wrote in message ... On 27 October I took my boat in to get the oils changed and engine winterized. Also wanted them to check the alternator. Told them, Dumfries Marine, that they could take their time as I'd be out of town for a few days. I got back in town after a trip to NC, and saw no message on the machine from them. Didn't worry. Waited another week, but still had heard nothing. Finally, around 9 November, I'm thinking they should have called, so I call them. No answer. Leave a message. Next day same thing. I call, no answer, leave message. I did this every day that week. I try over the weekend - nothing. The next week comes and I start by calling them on Monday, that's 16 Nov. No answer. Tuesday AM I drive to Dumfries to see what the hell is happening. No one around (at about 10:30), no sign on door, no nothing. My boat is behind the building with a padlock on the hitch, but other than that there is no security. Wednesday I call again, nothing. I drive down Thursday, and again on Saturday morning. Nothing. Yesterday AM I call and get a recording that the phone's been disconnected. ****. I call the Dumfries Police. Explain what's happened. They try to call and get the answer machine. The 'disconnected' recording was a fluke, or I misdialed. Don't know. The police said they'd check things out and get back to me. They also said I might have to take the matter to civil court as they have no report of a crime. I tell them that as far as I'm concerned my boat's been stolen. They never got back to me.. This morning I rent the biggest bolt cutter the rental place can provide. Costs me ten bucks. I'm off to get my damn boat. When I get there I see a pickup backed up to the door and a bunch of stuff loaded in the back. I try the door and it's open. I yell and someone replies. Turns out to be one of the two brothers who run the place. I ask what the hell's going on. He shrugs, but doesn't answer. I ask if they're still in business. Another shrug. Finally I tell him I want my damn boat. He hands me the keys. When I ask him why he hasn't called, his response is, "Personal problems." Anyway, I get my boat and go. Last time I go there for anything. -- John H It's probably pretty good that you didn't act on getting your boat with the bolt cutters. Even though it was your boat, you could be charged with trespass, breaking/entering, perhaps property damage, and God knows what else. Been there, done that, bought the T-shirt. John's actions were BY FAR the best approach. To assume that our court system works is to engage in a fool's errand. You will spend forever engaged in placating the system and paying obscene amounts to attorneys.... with unpredictable results, at best. |
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#46
posted to rec.boats
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Okay, so here's what happened.
"jps" wrote in message
... On Tue, 24 Nov 2009 20:35:01 -0800, "nom=de=plume" wrote: "jps" wrote in message . .. On Tue, 24 Nov 2009 18:22:53 -0800, "nom=de=plume" wrote: "Gene" wrote in message m... On Tue, 24 Nov 2009 17:09:12 -0800, "nom=de=plume" wrote: "Gene" wrote in message news:2ksog59uigvdmlrfvm4eufm24srkhcq5m0@4ax. com... On Tue, 24 Nov 2009 15:34:53 -0800, "nom=de=plume" wrote: "John H" wrote in message news:cmjog5pf3q1n5mf5nongv4l517jtd4m6so@4a x.com... On 27 October I took my boat in to get the oils changed and engine winterized. Also wanted them to check the alternator. Told them, Dumfries Marine, that they could take their time as I'd be out of town for a few days. I got back in town after a trip to NC, and saw no message on the machine from them. Didn't worry. Waited another week, but still had heard nothing. Finally, around 9 November, I'm thinking they should have called, so I call them. No answer. Leave a message. Next day same thing. I call, no answer, leave message. I did this every day that week. I try over the weekend - nothing. The next week comes and I start by calling them on Monday, that's 16 Nov. No answer. Tuesday AM I drive to Dumfries to see what the hell is happening. No one around (at about 10:30), no sign on door, no nothing. My boat is behind the building with a padlock on the hitch, but other than that there is no security. Wednesday I call again, nothing. I drive down Thursday, and again on Saturday morning. Nothing. Yesterday AM I call and get a recording that the phone's been disconnected. ****. I call the Dumfries Police. Explain what's happened. They try to call and get the answer machine. The 'disconnected' recording was a fluke, or I misdialed. Don't know. The police said they'd check things out and get back to me. They also said I might have to take the matter to civil court as they have no report of a crime. I tell them that as far as I'm concerned my boat's been stolen. They never got back to me. This morning I rent the biggest bolt cutter the rental place can provide. Costs me ten bucks. I'm off to get my damn boat. When I get there I see a pickup backed up to the door and a bunch of stuff loaded in the back. I try the door and it's open. I yell and someone replies. Turns out to be one of the two brothers who run the place. I ask what the hell's going on. He shrugs, but doesn't answer. I ask if they're still in business. Another shrug. Finally I tell him I want my damn boat. He hands me the keys. When I ask him why he hasn't called, his response is, "Personal problems." Anyway, I get my boat and go. Last time I go there for anything. -- John H It's probably pretty good that you didn't act on getting your boat with the bolt cutters. Even though it was your boat, you could be charged with trespass, breaking/entering, perhaps property damage, and God knows what else. Been there, done that, bought the T-shirt. John's actions were BY FAR the best approach. To assume that our court system works is to engage in a fool's errand. You will spend forever engaged in placating the system and paying obscene amounts to attorneys.... with unpredictable results, at best. When faced with this sort of issue.... a wise individual seeks forgiveness, NOT permission..... -- It is usually futile to try to talk facts and analysis to people who are enjoying a sense of moral superiority in their ignorance. -Thomas Sowell Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.tranquilrefuge.net/boating/the_boat/my_boat.htm Forté Agent 6.00 Build 1186 Beta No problem if you don't mind spending a couple of days in jail while they sort it out, and it's still illegal to damage property, trespass, etc. Been there, done that..... by the rules..... (which in hindsight and with knowledge of the law) was really stupid. Knowing what I know, now..... and with previous counsel of attorneys..... John was prepared to take the ONLY sane WISE course of action available to him. Pretend you are the DA.... tell me why you are arresting me for "stealing" property for which I have a Certificate of Title. Want to try to make that breaking and entering charge stick without proof? Try me, I'll have your ass...... Here's a thought exercise for you... DA: Did you or did you not enter SoSo's property without permission? He didn't respond to my phone calls and during three visits to the property during business hours, he was not on the premises. The premises appeared to have been abandoned and I didn't want my boat to be interpretted as abandoned. Gene: It was my boat. DA: Non-responsive. Would the court please direct the witness to answer the question. Judge: Answer the question. Gene: Yes. DA: Did you damage SoSo's property in the act of removing the boat from said property? I had full intention of reimbursing SoSo's cost of the security device, if I could *find a way to get a hold of him.* Judge: Well Gene, seems like you took matters into your own hands and normally we'd frown on such an act. But under the circumstances I understand your concern and think you conducted yourself in a reasonable manner. We'll drop all charges when you've made restitution to the scum bag who didn't bother to call you to let you know they were going under. Maybe... it would have to be pretty obviously abandoned property. A few calls and a few tries probably wouldn't be enough. You can't break laws to prevent someone else from breaking the law. Also, using "intention" as a defense might work, but lots of people claim that... it wasn't my "intention" to kill him, but my hand slipped and the gun went off. I expect, given the circumstances, the judge would be pretty lenient. If the Bigot Herring's story is accurate, he did put a lot of effort into trying to contact the shop, including two trips. If Bigot Herring's boat was on unsecured property, I think most city attorneys would think no harm, no foul. Probably. I read it over again, and I didn't see a mention of it being behind a gate, so they're probably let it go. Just remember though, trespass is valid even if there's no gate. You just have to be careful. If someone saw him cutting a lock and the police showed, he'd better be able to prove it's his boat. They might let him split, but you never know. -- Nom=de=Plume |
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#47
posted to rec.boats
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Okay, so here's what happened.
"JustWaitAFrekinMinute!" wrote in message
... On Nov 24, 11:39 pm, "nom=de=plume" wrote: "I am Tosk" wrote in ... In article , says... On Tue, 24 Nov 2009 17:09:12 -0800, "nom=de=plume" wrote: "Gene" wrote in message .. . On Tue, 24 Nov 2009 15:34:53 -0800, "nom=de=plume" wrote: "John H" wrote in message ... On 27 October I took my boat in to get the oils changed and engine winterized. Also wanted them to check the alternator. Told them, Dumfries Marine, that they could take their time as I'd be out of town for a few days. I got back in town after a trip to NC, and saw no message on the machine from them. Didn't worry. Waited another week, but still had heard nothing. Finally, around 9 November, I'm thinking they should have called, so I call them. No answer. Leave a message. Next day same thing. I call, no answer, leave message. I did this every day that week. I try over the weekend - nothing. The next week comes and I start by calling them on Monday, that's 16 Nov. No answer. Tuesday AM I drive to Dumfries to see what the hell is happening. No one around (at about 10:30), no sign on door, no nothing. My boat is behind the building with a padlock on the hitch, but other than that there is no security. Wednesday I call again, nothing. I drive down Thursday, and again on Saturday morning. Nothing. Yesterday AM I call and get a recording that the phone's been disconnected. ****. I call the Dumfries Police. Explain what's happened. They try to call and get the answer machine. The 'disconnected' recording was a fluke, or I misdialed. Don't know. The police said they'd check things out and get back to me. They also said I might have to take the matter to civil court as they have no report of a crime. I tell them that as far as I'm concerned my boat's been stolen. They never got back to me. This morning I rent the biggest bolt cutter the rental place can provide. Costs me ten bucks. I'm off to get my damn boat. When I get there I see a pickup backed up to the door and a bunch of stuff loaded in the back. I try the door and it's open. I yell and someone replies. Turns out to be one of the two brothers who run the place. I ask what the hell's going on. He shrugs, but doesn't answer. I ask if they're still in business. Another shrug. Finally I tell him I want my damn boat. He hands me the keys. When I ask him why he hasn't called, his response is, "Personal problems." Anyway, I get my boat and go. Last time I go there for anything. -- John H It's probably pretty good that you didn't act on getting your boat with the bolt cutters. Even though it was your boat, you could be charged with trespass, breaking/entering, perhaps property damage, and God knows what else. Been there, done that, bought the T-shirt. John's actions were BY FAR the best approach. To assume that our court system works is to engage in a fool's errand. You will spend forever engaged in placating the system and paying obscene amounts to attorneys.... with unpredictable results, at best. When faced with this sort of issue.... a wise individual seeks forgiveness, NOT permission..... -- It is usually futile to try to talk facts and analysis to people who are enjoying a sense of moral superiority in their ignorance. -Thomas Sowell Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.tranquilrefuge.net/boating/the_boat/my_boat.htm Forté Agent 6.00 Build 1186 Beta No problem if you don't mind spending a couple of days in jail while they sort it out, and it's still illegal to damage property, trespass, etc. Been there, done that..... by the rules..... (which in hindsight and with knowledge of the law) was really stupid. Knowing what I know, now..... and with previous counsel of attorneys..... John was prepared to take the ONLY sane WISE course of action available to him. Pretend you are the DA.... tell me why you are arresting me for "stealing" property for which I have a Certificate of Title. Want to try to make that breaking and entering charge stick without proof? Try me, I'll have your ass...... Really. John didn't get any information from them telling him not to take his boat. He just went to grab his boat, that's all. Nope... Permission needs to be explicit. Not giving permission is implied by said lock. -- Nom=de=Plume- Hide quoted text - - Show quoted text - Uh, what lock? The lock on the hitch I believe. -- Nom=de=Plume |
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#48
posted to rec.boats
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Okay, so here's what happened.
On Tue, 24 Nov 2009 21:34:21 -0800, "nom=de=plume"
wrote: "jps" wrote in message .. . On Tue, 24 Nov 2009 20:35:01 -0800, "nom=de=plume" wrote: "jps" wrote in message ... On Tue, 24 Nov 2009 18:22:53 -0800, "nom=de=plume" wrote: "Gene" wrote in message om... On Tue, 24 Nov 2009 17:09:12 -0800, "nom=de=plume" wrote: "Gene" wrote in message news:2ksog59uigvdmlrfvm4eufm24srkhcq5m0@4ax .com... On Tue, 24 Nov 2009 15:34:53 -0800, "nom=de=plume" wrote: "John H" wrote in message news:cmjog5pf3q1n5mf5nongv4l517jtd4m6so@4 ax.com... On 27 October I took my boat in to get the oils changed and engine winterized. Also wanted them to check the alternator. Told them, Dumfries Marine, that they could take their time as I'd be out of town for a few days. I got back in town after a trip to NC, and saw no message on the machine from them. Didn't worry. Waited another week, but still had heard nothing. Finally, around 9 November, I'm thinking they should have called, so I call them. No answer. Leave a message. Next day same thing. I call, no answer, leave message. I did this every day that week. I try over the weekend - nothing. The next week comes and I start by calling them on Monday, that's 16 Nov. No answer. Tuesday AM I drive to Dumfries to see what the hell is happening. No one around (at about 10:30), no sign on door, no nothing. My boat is behind the building with a padlock on the hitch, but other than that there is no security. Wednesday I call again, nothing. I drive down Thursday, and again on Saturday morning. Nothing. Yesterday AM I call and get a recording that the phone's been disconnected. ****. I call the Dumfries Police. Explain what's happened. They try to call and get the answer machine. The 'disconnected' recording was a fluke, or I misdialed. Don't know. The police said they'd check things out and get back to me. They also said I might have to take the matter to civil court as they have no report of a crime. I tell them that as far as I'm concerned my boat's been stolen. They never got back to me. This morning I rent the biggest bolt cutter the rental place can provide. Costs me ten bucks. I'm off to get my damn boat. When I get there I see a pickup backed up to the door and a bunch of stuff loaded in the back. I try the door and it's open. I yell and someone replies. Turns out to be one of the two brothers who run the place. I ask what the hell's going on. He shrugs, but doesn't answer. I ask if they're still in business. Another shrug. Finally I tell him I want my damn boat. He hands me the keys. When I ask him why he hasn't called, his response is, "Personal problems." Anyway, I get my boat and go. Last time I go there for anything. -- John H It's probably pretty good that you didn't act on getting your boat with the bolt cutters. Even though it was your boat, you could be charged with trespass, breaking/entering, perhaps property damage, and God knows what else. Been there, done that, bought the T-shirt. John's actions were BY FAR the best approach. To assume that our court system works is to engage in a fool's errand. You will spend forever engaged in placating the system and paying obscene amounts to attorneys.... with unpredictable results, at best. When faced with this sort of issue.... a wise individual seeks forgiveness, NOT permission..... -- It is usually futile to try to talk facts and analysis to people who are enjoying a sense of moral superiority in their ignorance. -Thomas Sowell Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.tranquilrefuge.net/boating/the_boat/my_boat.htm Forté Agent 6.00 Build 1186 Beta No problem if you don't mind spending a couple of days in jail while they sort it out, and it's still illegal to damage property, trespass, etc. Been there, done that..... by the rules..... (which in hindsight and with knowledge of the law) was really stupid. Knowing what I know, now..... and with previous counsel of attorneys..... John was prepared to take the ONLY sane WISE course of action available to him. Pretend you are the DA.... tell me why you are arresting me for "stealing" property for which I have a Certificate of Title. Want to try to make that breaking and entering charge stick without proof? Try me, I'll have your ass...... Here's a thought exercise for you... DA: Did you or did you not enter SoSo's property without permission? He didn't respond to my phone calls and during three visits to the property during business hours, he was not on the premises. The premises appeared to have been abandoned and I didn't want my boat to be interpretted as abandoned. Gene: It was my boat. DA: Non-responsive. Would the court please direct the witness to answer the question. Judge: Answer the question. Gene: Yes. DA: Did you damage SoSo's property in the act of removing the boat from said property? I had full intention of reimbursing SoSo's cost of the security device, if I could *find a way to get a hold of him.* Judge: Well Gene, seems like you took matters into your own hands and normally we'd frown on such an act. But under the circumstances I understand your concern and think you conducted yourself in a reasonable manner. We'll drop all charges when you've made restitution to the scum bag who didn't bother to call you to let you know they were going under. Maybe... it would have to be pretty obviously abandoned property. A few calls and a few tries probably wouldn't be enough. You can't break laws to prevent someone else from breaking the law. Also, using "intention" as a defense might work, but lots of people claim that... it wasn't my "intention" to kill him, but my hand slipped and the gun went off. I expect, given the circumstances, the judge would be pretty lenient. If the Bigot Herring's story is accurate, he did put a lot of effort into trying to contact the shop, including two trips. If Bigot Herring's boat was on unsecured property, I think most city attorneys would think no harm, no foul. Probably. I read it over again, and I didn't see a mention of it being behind a gate, so they're probably let it go. Just remember though, trespass is valid even if there's no gate. You just have to be careful. If someone saw him cutting a lock and the police showed, he'd better be able to prove it's his boat. They might let him split, but you never know. Think I'd do the same thing under those circumstances but would think twice about breaking into a secured lot to recover my property. |
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#49
posted to rec.boats
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Okay, so here's what happened.
"Gene" wrote in message ... On Tue, 24 Nov 2009 17:10:53 -0800, "nom=de=plume" wrote: "John H" wrote in message news  On Tue, 24 Nov 2009 19:01:48 -0500, Gene wrote: On Tue, 24 Nov 2009 15:34:53 -0800, "nom=de=plume" wrote: "John H" wrote in message om... On 27 October I took my boat in to get the oils changed and engine winterized. Also wanted them to check the alternator. Told them, Dumfries Marine, that they could take their time as I'd be out of town for a few days. I got back in town after a trip to NC, and saw no message on the machine from them. Didn't worry. Waited another week, but still had heard nothing. Finally, around 9 November, I'm thinking they should have called, so I call them. No answer. Leave a message. Next day same thing. I call, no answer, leave message. I did this every day that week. I try over the weekend - nothing. The next week comes and I start by calling them on Monday, that's 16 Nov. No answer. Tuesday AM I drive to Dumfries to see what the hell is happening. No one around (at about 10:30), no sign on door, no nothing. My boat is behind the building with a padlock on the hitch, but other than that there is no security. Wednesday I call again, nothing. I drive down Thursday, and again on Saturday morning. Nothing. Yesterday AM I call and get a recording that the phone's been disconnected. ****. I call the Dumfries Police. Explain what's happened. They try to call and get the answer machine. The 'disconnected' recording was a fluke, or I misdialed. Don't know. The police said they'd check things out and get back to me. They also said I might have to take the matter to civil court as they have no report of a crime. I tell them that as far as I'm concerned my boat's been stolen. They never got back to me. This morning I rent the biggest bolt cutter the rental place can provide. Costs me ten bucks. I'm off to get my damn boat. When I get there I see a pickup backed up to the door and a bunch of stuff loaded in the back. I try the door and it's open. I yell and someone replies. Turns out to be one of the two brothers who run the place. I ask what the hell's going on. He shrugs, but doesn't answer. I ask if they're still in business. Another shrug. Finally I tell him I want my damn boat. He hands me the keys. When I ask him why he hasn't called, his response is, "Personal problems." Anyway, I get my boat and go. Last time I go there for anything. -- John H It's probably pretty good that you didn't act on getting your boat with the bolt cutters. Even though it was your boat, you could be charged with trespass, breaking/entering, perhaps property damage, and God knows what else. Been there, done that, bought the T-shirt. John's actions were BY FAR the best approach. To assume that our court system works is to engage in a fool's errand. You will spend forever engaged in placating the system and paying obscene amounts to attorneys.... with unpredictable results, at best. When faced with this sort of issue.... a wise individual seeks forgiveness, NOT permission..... I figured possession was nine-tenths and all that. I'd have felt much better getting hassled about cutting the lock off while the boat was in *my* driveway. They would have had the keys, but I could get more made. -- John H You'd be wrong. If you remove something from someone else's property without their permission, you're subject to arrest. Not when that "something" is YOUR property..... This nine-tenths business gets a lot of people in trouble who wouldn't have been if they just had some patience. Bull$hit... patience will only co$t you MANY dollar$ to recover that which i$ ALREADY YOUR$...... You can't "steal" something that you OWN...... -- It is usually futile to try to talk facts and analysis to people who are enjoying a sense of moral superiority in their ignorance. -Thomas Sowell Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.tranquilrefuge.net/boating/the_boat/my_boat.htm Forté Agent 6.00 Build 1186 Beta You could be charged with trespassing, but unless you are a total asshole, and show the business is closed for good, and your property is there in the yard, the cop is going to go have coffee for at least 10 minutes. If it is inside a garage, he most likely will not be so accommodating. There have been a couple cases here in California, where it took up to a year go recover their property. |
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#50
posted to rec.boats
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Okay, so here's what happened.
"nom=de=plume" wrote in message ... "jps" wrote in message ... On Tue, 24 Nov 2009 18:22:53 -0800, "nom=de=plume" wrote: "Gene" wrote in message ... On Tue, 24 Nov 2009 17:09:12 -0800, "nom=de=plume" wrote: "Gene" wrote in message om... On Tue, 24 Nov 2009 15:34:53 -0800, "nom=de=plume" wrote: "John H" wrote in message news:cmjog5pf3q1n5mf5nongv4l517jtd4m6so@4ax .com... On 27 October I took my boat in to get the oils changed and engine winterized. Also wanted them to check the alternator. Told them, Dumfries Marine, that they could take their time as I'd be out of town for a few days. I got back in town after a trip to NC, and saw no message on the machine from them. Didn't worry. Waited another week, but still had heard nothing. Finally, around 9 November, I'm thinking they should have called, so I call them. No answer. Leave a message. Next day same thing. I call, no answer, leave message. I did this every day that week. I try over the weekend - nothing. The next week comes and I start by calling them on Monday, that's 16 Nov. No answer. Tuesday AM I drive to Dumfries to see what the hell is happening. No one around (at about 10:30), no sign on door, no nothing. My boat is behind the building with a padlock on the hitch, but other than that there is no security. Wednesday I call again, nothing. I drive down Thursday, and again on Saturday morning. Nothing. Yesterday AM I call and get a recording that the phone's been disconnected. ****. I call the Dumfries Police. Explain what's happened. They try to call and get the answer machine. The 'disconnected' recording was a fluke, or I misdialed. Don't know. The police said they'd check things out and get back to me. They also said I might have to take the matter to civil court as they have no report of a crime. I tell them that as far as I'm concerned my boat's been stolen. They never got back to me. This morning I rent the biggest bolt cutter the rental place can provide. Costs me ten bucks. I'm off to get my damn boat. When I get there I see a pickup backed up to the door and a bunch of stuff loaded in the back. I try the door and it's open. I yell and someone replies. Turns out to be one of the two brothers who run the place. I ask what the hell's going on. He shrugs, but doesn't answer. I ask if they're still in business. Another shrug. Finally I tell him I want my damn boat. He hands me the keys. When I ask him why he hasn't called, his response is, "Personal problems." Anyway, I get my boat and go. Last time I go there for anything. -- John H It's probably pretty good that you didn't act on getting your boat with the bolt cutters. Even though it was your boat, you could be charged with trespass, breaking/entering, perhaps property damage, and God knows what else. Been there, done that, bought the T-shirt. John's actions were BY FAR the best approach. To assume that our court system works is to engage in a fool's errand. You will spend forever engaged in placating the system and paying obscene amounts to attorneys.... with unpredictable results, at best. When faced with this sort of issue.... a wise individual seeks forgiveness, NOT permission..... -- It is usually futile to try to talk facts and analysis to people who are enjoying a sense of moral superiority in their ignorance. -Thomas Sowell Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.tranquilrefuge.net/boating/the_boat/my_boat.htm Forté Agent 6.00 Build 1186 Beta No problem if you don't mind spending a couple of days in jail while they sort it out, and it's still illegal to damage property, trespass, etc. Been there, done that..... by the rules..... (which in hindsight and with knowledge of the law) was really stupid. Knowing what I know, now..... and with previous counsel of attorneys..... John was prepared to take the ONLY sane WISE course of action available to him. Pretend you are the DA.... tell me why you are arresting me for "stealing" property for which I have a Certificate of Title. Want to try to make that breaking and entering charge stick without proof? Try me, I'll have your ass...... Here's a thought exercise for you... DA: Did you or did you not enter SoSo's property without permission? He didn't respond to my phone calls and during three visits to the property during business hours, he was not on the premises. The premises appeared to have been abandoned and I didn't want my boat to be interpretted as abandoned. Gene: It was my boat. DA: Non-responsive. Would the court please direct the witness to answer the question. Judge: Answer the question. Gene: Yes. DA: Did you damage SoSo's property in the act of removing the boat from said property? I had full intention of reimbursing SoSo's cost of the security device, if I could *find a way to get a hold of him.* Judge: Well Gene, seems like you took matters into your own hands and normally we'd frown on such an act. But under the circumstances I understand your concern and think you conducted yourself in a reasonable manner. We'll drop all charges when you've made restitution to the scum bag who didn't bother to call you to let you know they were going under. Maybe... it would have to be pretty obviously abandoned property. A few calls and a few tries probably wouldn't be enough. You can't break laws to prevent someone else from breaking the law. Also, using "intention" as a defense might work, but lots of people claim that... it wasn't my "intention" to kill him, but my hand slipped and the gun went off. -- Nom=de=Plume Judge, the property was abandoned, I could not contact the business and my very valuable boat was sitting there with electronics, etc. ripe to be looted. Since there has been no one there during business hours and the phone was disconnected, I was protecting my property. |
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