Jump to content

Flossie007

Member
  • Posts

    14
  • Joined

  • Last visited

Profile Information

  • Boat Name
    Flossie

Flossie007's Achievements

Gongoozler

Gongoozler (1/12)

0

Reputation

  1. If you let BW know you are waiting for the red boards to be lifted, they should let you stay on the Oxford canal as long as you need to. Many boaters have been in the same situation over the years. BW Central Shires office tel is 01827 252000 or email enquiries.centralshires@britishwaterways.co.uk
  2. Gollywobbler British Waterways are trying to suggest solutions to the problems of overcrowding, especially on their waterways around London. http://www.britishwaterways.co.uk/listening-to-you/consultations-and-reviews/current-consultations That's not a solution. That's an attack.
  3. It was BW that wanted a mooring to be a requirement before issuing a boat licence, not Parliament. The stated will of Parliament is that you must either have a mooring for your boat or use the boat bona fide for navigation....without remaining continuously in any one place for more than 14 days or such longer period as is reasonable in the circumstances. Parliament stated this in Section 17 3 c ii of the 1995 British Waterways Act. BW had originally sought powers to require every boat to have a mooring and wanted criminal sanctions against anyone caught living on their boat without a houseboat certificate and a residential mooring, with a fixed fine of £1000 plus a daily penalty of £100 for offenders. Parliament considered this to be unacceptably harsh and did not intend a mooring to be required as a condition of issuing a boat licence.
  4. This account http://kanda.boatingcommunity.org.uk/wordpress/awkward-questions-at-bw-agm/#more-1189 may refresh your memory of the BW AGM - the events were slightly different from your recollection.
  5. The National Bargee Travellers Association has issued this press release: British Waterways v Davies: BW to Revise Continuous Cruising Guidelines But live-aboard boaters’ homes now at risk from court judgement The judgement in British Waterways v Paul Davies handed down on 31st March 2011 in Bristol County Court could have serious consequences for all continuously cruising live-aboard boaters. However, the outcome also means that British Waterways (BW) is to redraft the Mooring Guidance for Continuous Cruisers. In particular BW is likely to drop the requirement to make a progressive journey and to travel around a significant part of the canal network. The judgement was sealed in the County Court and therefore only refers to Mr Davies. It does not create a formal legal precedent, but it is clear that BW will try to rely on it in future cases. The judgement ruled that Mr Davies, who works, socialises and navigates in the 10 mile stretch between Bath and Bradford on Avon, was not using his boat bona fide for navigation. This aspect of the judgement did not consider the right to respect for his home, family and private life conferred by Article 8 of the European Convention on Human Rights. As a consequence of this judgement, many live-aboard boaters may be rendered homeless by BW. The judgement on the meaning of “bona fide for navigation” appears to suggest that a live-aboard boater without a home mooring must genuinely intend to navigate the canal system and not move simply to comply with the law. Nick Brown, the Legal Officer of the National Bargee Travellers Association (NBTA), said “This really does pave the way for social cleansing. The judgement defined ‘bona fide for navigation’ as the intention to navigate in good faith. According to this logic, if you drove at 30 miles per hour in a 30 MPH zone you would be prosecuted for speeding if you were simply observing the speed limit in order to comply with the law, rather than because you believed that 30 MPH was the appropriate speed to drive at. This would make BW the ‘Thought Police’ “. On the positive side, any live-aboards subjected to Section 8 action by BW must be given the opportunity to defend themselves in court. What BW is glossing over is that although the court found that Mr Davies was not using his boat bona fide for navigation, the judgement envisaged a use of the boat that falls short of the Mooring Guidance for Continuous Cruisers but would still comply with the legislation. In consequence, BW has now accepted that it does not have the power to enforce the continuous cruising guidelines in their present form. The NBTA is taking legal advice. --- ENDS --- NOTES FOR EDITORS About The National Bargee Travellers Association Established in 2009, The National Bargee Travellers Association represents and advises Bargee Travellers (itinerants who live on boats) in particular in relation to their housing needs and in defence of their rights under the European Convention on Human Rights. It is a networking organisation that helps vulnerable boat dwelling communities protect themselves. The NBTA also liaises with the settled community and works with public sector bodies such as British Waterways and the Environment Agency in formulating policy and legislation. For more information contact: WWW www.bargee-traveller.org.uk E-mail: press@bargee-traveller.org.uk Tel: +44 (0) 7867 75 70 95 Fax: +44 (0) 870 288 9520
  6. If you haven't had a census form you can write to Glen Watson, Census Director, 2011 Census, Office for National Statistics, Government Buildings, Cardiff Road, NEWPORT, Gwent NP10 8XG and ask for one to be delivered to an address of your choice or to a place such as a library for you to collect. The number of people living on boats has never been properly counted so filling it in would help. You can also ring the Census helpline on 0300 0201 101 Last week, a liveaboard boater complained that the census office said that forms could not be sent to "mailboxes" or non-residential addresses, and as a result the page below appeared on the census web site http://help.census.gov.uk/england/help/help-and-information/Aboutthequestions/PropertiescoveredbytheCensus/Topics/Mobilehouseholds.html
  7. I'll tell you next time I see you! Bob was a Patrol Officer, not a Mooring Warden - they are different jobs.
  8. Ha ha! I guess travelling in my boat from Bradford on Avon to Rochdale and back to Bath since I got the boat 3 years ago does amount to "not very likely to find her actually moving any great distance". Thank you Dave.
  9. BW don't exactly help themselves by misinforming boaters on the East side of the Huddersfield Narrow that you're not allowed to moor anywhere for 14 days. I was told by a BW enforcement officer who had ticketed me after being moored for about a week, that the reason for this was that if the water level dropped suddenly, BW didn't want boaters making claims against them if boats got damaged. BW's attitude seems to be that boats should move along the canal as fast as possible. This doesn't encourage boaters to use it, especially those who are not in the habit of challenging BW.
  10. It amuses me when people complain about the K&A. They've obviously never done the Huddersfield Narrow or the Rochdale. I had no problems on the Calder and Hebble between Huddersfield and Sowerby Bridge though - there was a decent depth of water and the gear worked ok.
  11. British Waterways pays the Government a composite levy in respect of Council Tax and Business Rates. This is collected centrally and the income is used to offset general central Government payments to local authorities through the Rate Support Grant. So anyone who pays a boat licence fee to BW contributes to this composite levy in respect of Council Tax. According to Section 3 of the Local Government Finance Act 1992, Council Tax is levied on domestic property. A domestic property is defined as a property that is a dwelling. Whilst a boat can be a dwelling, it cannot in law be a property. The Council Tax Guidance Manual (2008), produced by the Valuation Tribunal Service’s Legal and Publications Advisory Committee says in Section 8.2.5: “Boats are generally held to be chattels in law and are therefore not liable to Council Tax. However, liability may arise in respect of the mooring occupied by a boat”. See the Council Tax Manual - Practice Note 7: Application of Council Tax to Caravan Pitches and Moorings, available on the Government web site: http://www.voa.gov.uk/instructions/chapter...an_pn/Frame.htm
  12. You might like Shire Cruisers in Sowerby Bridge, if they have any space. Nice people, historic wharf. It's not a marina. It's where the Rochdale canal meets the Calder and Hebble navigation. It's got secure car parking. The Pennine crossing over the Rochdale summit is spectacular. The Calder and Hebble locks will only fit a 57'-ish boat though.
  13. You can declare a local connection and get registered. See http://kanda.boatingcommunity.org.uk/downl...egistration.pdf for a copy of the form, send it to your local authority's electoral registration officer.
  14. Suggest you make a written complaint to BW. The complaints procedure is on the BW web site, it's not complicated. You can do this by email or post. Just say what you're not happy about and what you want done about it - ie send you the licence now. Then you're covered in the event of any problems, it's on record, and it should get sorted out quicker than if you keep phoning.
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.