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phill

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Posts posted by phill

  1.  

    I’d be very surprised if it was.

     

    In the first place, the genesis of the complaint – regardless of all consequential claims - is the CaRT claim that the boat was not moored or used in compliance with the terms of its licence.

     

    If the relevant officer claims that the boat exceeded the mooring limits, then whether the boat did or did not, unless the boat-owner can produce proof that it is wrong, the court will give credence to the authority’s claim [as I have illustrated from cross-examination transcripts and judgments].

     

    The Officer has made that claim – “sightings were gathered that showed the boat was overstaying at the location.” The boat owner has no evidence to contradict the statement, so really, any evidence CaRT brings forward [such as the document under discussion] is actually superfluous to requirement.

     

    But even this basis for revoking the licence is a redundancy. The application to the court for an injunction against the boat “is made on the grounds that the Defendant’s boat . . . is moored at the property without a current licence such that CRT is entitled to remove the Boat from the Property pursuant to CRT’s statutory powers.” That is all that the Claim itself asserts [as distinct from the Officer’s evidence]. The background reasons for why the boat is unlicensed are immaterial to the fact of its unlicensed status.

     

    If the boat had remained there, waiting for this case to be heard, or continued to cruise betimes, not having the relevant consent - then there could be no defence at all to that application – as per the Mayers case.

     

    It seems to me that what you are saying is that the best (only?) strategy for a boater in this situation is to take CRT to court immediately the licence is removed rather than defending the court case that follows a Section 8 on a liveaboard boat.

     

    If so, how does this procedure 'work'; what is the process?

  2. I've decided to go with this;

    http://pages.ebay.com/link/?nav=item.view&alt=web&id=111201679112

     

    And a lycamobile SIM. Works on GPRS and Lycamobile to lycamobile texts are free.

     

    Wooden cabin so easier placement. Though I'll put it high. There's another identical device with two aerials but this one is tiny so can be hidden and visible aerials will give the game away. . Plant pot on the roof?

     

    It will text you if it moves.

     

    I'll report back.

     

    Main expense ( maybe) might be the dual sim phone to act as a receiver.

    The trackers with aerials are designed to track vehicles out and about, delivery vans and so on though there is also one with alarm and tamper functions.

  3. Go with a sim designed for a tracker if you can.

     

    The only dedicated GPS / GSM trackers I can find have fairly obscure (and swinging) tariffs for use. For instance I looked at this one; and nowhere (until you ring up and ask) does it make clear it costs 9p to arm and 9p to disarm.

     

    Genuine GPS Tracker Magnetic Car Vehicle Spy Mini Personal Tracking Device TK102

     

     

    I am also interested in getting a Tracker (for instance that one) and putting in a third party SIM. For instance, Three, GiffGaff and Lycamobile offer free texts to other mobiles on the same network.

  4. [section 43 of the Transport Act]

     

    Unless that section of the Transport Act was repealed or superseded, it would appear that CRT pretty much has carte blanche to do whatever they want, within reason, as far as making rules and regulations that govern the use of their facilities.

     

    NigelMoore has already said [much better than I can] words to the effect that CRT cannot use earlier legislation to override the intentions of later legislation so that where there is a conflict, this statute no longer has any weight.

    He also said that this piece of legislation was specifically intended to rationalise the many different requirements of the various canal enabling acts that it replaced, not to give carte blanche (as some here would like it to) to impose any conditions for anything.

  5. Well if you are ignorant of maritime law that applies in UK territorial waters, it's not my place (or within my ability) to educate you. I suggest you start with Google.

     

    Suffice it to say, in analogy with your trite and ill informed comments on NigelMoore's excellent posts, that if the UK government starts to illegally impose sanctions on your boating that are not within those statutes I assume you will just roll over and accept it.

     

    Once again, I would advise you to attempt to educate yourself on the law that applies to you before taking a boat to sea.


    in a spirit of helpfulness you could start with the references cited here;

     

    http://en.wikipedia.org/wiki/Admiralty_law

  6. If you have a GiffGaff SIM - how does it work if you never use the credit? Do you have to make a call every so often?

     

    It's a rather different application to a PAYG phone. My mother had a Tesco mobile that needed £10 of credit every year to keep it live but that was years ago.

  7. added to which "Phil" (presumably with some knowledge of the scenario) stated

     

    You should always take out your own insurance when renting a boat. Especially as part of a shared ownership arrangement

    You are right "Alan"

     

    I don't know whether you can rent legally from a company on a shared ownership arrangement. Presumably those companies who lease container ships have found a way of doing it.

     

    You can - and many many do, for obvious reasons, you won't hear of them on a forum such as this - enter into a shared ownership agreement with a private owner that includes a fee for management. Obviously the majority owner has to declare such income for tax.

     

    As with cars, the registered licensee - the one who requires insurance - is not necessarily the sole owner of the boat.

     

    There are, in London, many stories of this kind of arrangement going pear shaped.

     

    I don't know anything of London but I know, personally, of many arrangements of this type, based on trust between honest people, that work wonderfully. I believe Wanted of this forum had one such.

     

    I have a friend, now the owner of a beautiful Dutch barge who rented for many years successfully. She was, however, someone used to living off-grid before living on a boat. The ability to live on a boat is the same whether you buy it, 'rent' it, or won it at cards.

     

    But I wouldn't ask for advice here about it though I can see it may be useful to have the opposite point of view.

  8. I'm thinking of using an Android phone as a tracker on my boat.

     

    Assuming charging is not a problem, what's the cheapest PAYG phone deal to keep it on, obviously it doesn't need to make calls or data, simply remain online so that I can use Android Device Manager to track my boat if stolen?

  9. If you do find a 'boat for rent' check out the insurance doesnt include this section 2:3 (this is from our policy)

     

    If everything is above board then the owner should have no reservations in showing you the insurance policy.

     

     

    .

    You should always take out your own insurance when renting a boat. Especially as part of a shared ownership arrangement. Any reputable deal will recognise this.
  10. Hmm just waded through and read all the various arguments for and against and have come to my personal take on evasion which is,

    I pay because I would get to get caught and suffer that which follows

    Evasion is bad because I reckon (probably incorrectly) that if everyone paid, we would all pay a little less.

    By the way I don't indulge in license spotting.

    Phil

    I pay mine 1. Because it's good value, 2. It gives me the legal right to do what I do and 3. It gives me the right to a voice in the way the waterways are run.

     

    People who don't pay theirs are harming nobody but themselves.

     

    People who worry about other people's licence status are just plain sad.

    ....and a comment on someone's trite comment of earlier; the licence checking web page is not for CRT's benefit, it's to assuage those who exercise themselves over other people's affairs.

  11.  

    #511

     

    Overstaying on a restricted time Visitor Mooring by a trading boat was held by a County Court judge to amount to obstruction.

     

    Boat Licence Terms & Conditions Schedule 2, section 6

     

    An overstaying boat is causing an obstruction at a mooring since it

    means that the mooring is not available for other boats to use.

     

     

    I still bow to ladies, but I dont recall monocles and top hats being prevalent in 1995?

    What is the legal basis for time limiting moorings ? ( without facilities)

  12. This is a question for NigelMoore really but, of course, is meat for general discussion.

     

    Given your thesis about byelaws is proportionality a potential defence for Section 8 cases? Especially those where the Section 8 arises as a result of the licence being removed by CRT.

     

    In European Union law there generally acknowledged to be four stages to a proportionality test, namely,[3]

     

    there must be a legitimate aim for a measure

    the measure must be suitable to achieve the aim (potentially with a requirement of evidence to show it will have that effect)

    the measure must be necessary to achieve the aim, that there cannot be any less onerous way of doing it

    the measure must be reasonable, considering the competing interests of different groups at hand

     

    P Craig and G de Burca, EU Law (5th edn OUP 2011) 526

  13. Hi all,

     

    Been searching all over for these. Do they just not make them any more? They look like a really good product (although expensive!) but as I say, the latest bit of info I have found suggested that powergen sell them although their webpage has been taken down.

     

    Does anyone know anything about these?

     

    Thank you

     

    Doodle

    They were made in Wellington, New Zealand and went out of business in the earthquake a few years ago. There is a company selling parts but the units themselves are very rare indeed.

     

    They are not the same at all as the Mastervolt which is a conventional generator, it's based on a Sterling engine (sometimes know as an external combustion engine)

  14. A friend is docking a boat on the slip at Underfall Yard, Bristol and is looking for someone to share (there's room for two narrow boats). It's the 8th to 13th August and will cost £376 which is the cheapest in the southwest by a fair amount. Access to Bristol dock is free if you're docking at Underfall.

     

    Send me a message if you're interested.

  15. What is this corrosion?

     

    The pictures are before and after pressure washing so no abrasive action. The grey areas are heavily pitted clean steel, they have no coating of any kind and flash rust in 10 minutes.

     

    gallery_21983_1_16475.jpg

     

    Sorry I don't seem to be able to access the rest of the imagea, they are in the gallery, links below;

     

    gallery_21983_1_176486.jpg

     

    gallery_21983_1_79774.jpg

     

    gallery_21983_1_241382.jpg

     

    As you can see in the second set, the rust is quite lumpy, comes off easily through pressure washing. This is a boat that has never had a mains hookup or any 240V installed so seems unlikely to be galvanic corrosion through a faulty hookup.

  16. From the HNBC facebook group;

     

    Update on Adelaide from CRT
    "We are arranging for a consultant to undertake an assessment of significance on this boat but our enforcement team are anxious to lift the boat in the near future. If nobody comes forward to take on responsibility, it will be difficult to save it.

    I would be very grateful if you circulate among your members for anybody interested in the boat."

     

     

    https://m.facebook.com/story.php?story_fbid=643548405730992&substory_index=0&id=452924574793377

     

    This might be a picture;

     

     

    10502097_643548229064343_644147244479302

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