onionbargee

Do you think the order for Tadworth has been deliberately left off that list ? For what reason ?

6.3 late payment charge. 6.5 (ii) and (iii) 8.4 8.5 Schedule 2 (6) especially " If we do need to move the boat, you agree to repay our costs. " Schedule 2. 14 days or such longer period as is reasonable in the circumstances Circumstances where it is reasonable to stay in one neighbourhood or locality for longer than 14 days are where further movement is prevented by causes outside the reasonable control of the boater. Examples include temporary mechanical breakdown preventing cruising until repairs are complete, emergency navigation stoppage, impassable ice or serious illness (for which medical evidence may be required). Such reasons should be made known immediately to local Trust enforcement staff with a request to authorise a longer stay at the mooring site or nearby. The circumstances will be reviewed regularly and reasonable steps (where possible) must be taken to remedy the cause of the longer stay e.g. repairs put in hand where breakdown is the cause. Where difficulties persist and the boater is unable to continue the cruise, the Trust reserves the right to charge mooring fees and to require the boat to be moved away from popular temporary or visitor moorings until the cruise can recommence.

I mean any ones that are not a rewording of legislation, and are soley CRT creations.

OK got that, let me re write the question to, what are the consequences for breaching the terms and conditions ?

What are the legal consequences of breaking a condition in the licence contract, but not one based on any legislation ? You then in theory have a licence but have broken the licence contract ?

Magnanimous won't cut it this time. They lied about their statutory powers, and prevented me from using my boat for two and a half years, cancelled my valid licence without any lawful reason, misusing a previous court order as a basis to threaten me with unlawful seizure of my boat. ( theft )

Is it an offence to misrepresent a court order ? Or threaten its use after it has been "nullified" ? Ie threatening to seize Tadworth after my licence had been issued ?

None of that is true of course. They

I think they owe me some compensation for unlawfully preventing me from licencing and using my boat.

In theory, I found the practice quite different !

Yes, the latter.

An update on the original post. While CRT have said they will grant me another licence for Tadworth i havent actually got it yet, i called the person responsible today but the phone was hung up on me as soon as the call was transfered to the enforcement office, so we are up to 86 days since they cancelled, revoked, or withheld ( they are not sure which ) my legally valid licence on the 17th March.

Calm down dear, there's no need to get all uptight, have a cold glass of Vimto, and sit in the shade for a while.

Why do CRT use the section 8 process instead of civil debt recovery ?

Depends what the law says, I would suggest they do that . I would guess 1. Provide a copy of your insurance and mooring agreement and your done. Sounds fair to me.

Don't be daft.

Care to elaborate on that ?

There is no such thing as "permission to use the boat as if it were licenced" .

But the law requires CRT to allow 28 days for the licencee to rectify any problem with the statutory requirements of the licence. There is no such thing as a licence with an extra condition that they will revoke it immediately if their checks don't tally up. Any extra condition on a licence would be unlawful. Once the licence is issued it means CRT are satisfied the conditions have been met.

No, I have never received anything like that. Is there such a thing as a "temporary" licence ?

After a ponder on it, they cannot have issued it in an " admininstrative error" because it was valid, and I met all the statutory conditions, and paid in full for it. If the licencing office issued it before discussing it with the enforcement office then that is their problem not mine. If the licencing didn't check any of my details before issuing the licence then that again is their problem. All my details of insurance, and mooring were above board anyway. I'm probably trying to make sense of the half baked rubbish CRT just makes up on the hoof, and has no real meaning, they probably just throw a tin of alphabetti spaghetti at the wall, and copy down the result.

Can a licence that once issued be immediatly cancelled or revoked due to being issued in error ? "The licence which was issued recently by the Trust was an error because there had not been adequate consideration of all of the circumstances relating to Tadworth, and that is why it was subsequently revoked." Or would the trust be required by law to keep the licence in place, and then make any enquiries as to safety, genuine mooring ect ?

No one can understand the CRT mindset, I'm surprised they have any feet left to shoot themselves in.

Whether it was malicious or incompetent they may have to compensate me for preventing me from licencing and using my boat. They refused to allow me to move TW except by road or onto the Thames, I had no practical option but to leave it at its mooring. In hindsight its right that i didnt take this option, as it was not true that i couldnt re-licence TW. Quote "Having gone through a lengthy process to get a court order for the removal of your craft from our waters, it is clearly not now appropriate that we issue you with another licence. I would suggest that the costs of getting a licence, BSC and Insurance approach £1500 and that you should use that money to arrange to take your craft to Debdale or other hard standing, by means other than the use of CRT waters. That being said we wish to be reasonable and assist you in whatever way is appropriate. I would suggest that you arrange a tug to take your craft, on a date agreed by us, to P& S marine for craning out and from there transported to wherever you wish. As stated the date would have to be agreed in advance and if the craft remained on our waters after that specific date we, would be in our rights to enforce the court order and remove your craft. I await your response. --------------- Enforcement supervisor" [ 29/08/14]

We will have a whip round and get your shoes resoled then ?