Geo
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Posts posted by Geo
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Are you perhaps conflating the standard cruising licence with a berthing licence? The former is constrained by specific legislation and can only be refused in defined circumstances whilst the latter is a more conventional commercial operation and, like any marina owner, they can operate in which part of the market they choose, subject only to some very general matters, such as unfair contracts.
I would be surprised if this case (principally about a berthing contract) had much to say either way about the validty of T&C's attached to a 'cruising' licence.
I would add that regarding the berthing contract, subject to seeing the judgement, it is more about being a businessman rather than a normal consumer who knows less about the law of contract than the businessman should. Also what was reasonable under the circumstances for both parties to have done?
I think you have to ask was it reasonable for CRT to have removed the vessel after many months of trying to get the owner to remove it and the owner's failure to remove it. Was it reasonable for CRT act in the manner detailed in the berthing contract. If the answer is yes then the application to confirm the injunction will fail.
The costs that CRT are attempting to charge are a different and separate matter. It does not mean that a court asked the question are the charges that CRT are attempting to levy reasonable and fair would find for CRT.
As for the rest of the grumbling about licences etc this matter has no effect on them nor influence on them.
Don't worry, the man who knows everything says all is OK.
Oh but I did not, nor did I think it.
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I could have typed all that twaddle but didn't bother, sometimes short and sweet is all it needs.
You could have but it might be best to have it all laid out saves a lot of typing if it is.
Oh the injunction is already gained as you put it.
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This is to gain an injunction to stop the sale, not an actual case itself.
To confirm the injunction the Judge has to decide if the Claimant has a case. So he has to decide if the 2014 contract rules or not or whether it is arguable either way, which is the crux of the matter. Once he has done that where it goes depends on CRT, assuming against CRT, they could, unlikely, throw in the towel, appeal the injunction, ask for a full hearing, or the Judge could order a full hearing. If a full hearing it goes in the queue to sometime next year. We will just have to wait until later today to see what the Judge thinks is the right course of action.
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Mr Roberts claim is that he was served notice by the Canal & River Trust on 5 August 2016 to remove his ship on the grounds of arrears of Berthing Fees at a time when CaRT had filed a claim against him for arrears in the County Court.
The court action was not disputed but four days before judgement was passed CaRT and contractors forcibly seized the ship. The judgement debt was paid in full but CaRT are still claiming over £50k (and growing) from him.
He states that the seizure was unlawful in that sections of Tribunal Courts and Enforcement Act 2007 and Torts (Interference with Goods Act) 2007 were contravened.
In particular,
there was no enforceable judgement
the use of bogus bailiffs who were not CEA's or HCEA's.
He says CaRT's belief that the 2014 berthing contract exempts it from complying with statutory protections is misconceived.
He is asking that CaRT be ordered to return the ship to him at the Mersey River at its own expense and risk.
CaRT's defence relies on the berthing agreement but they have put forward no argument as to why this should override statute.
The most important thing is does the 2014 contract override the current statutes regarding actions that took place in 2016 and before or even was the contract an unfair contract in the first place. If the Court decides it does override the statutes CRT are home and dry. If the Court decides that the statutes overrule the 2014 contract CRT have a major problem and will almost certainly take any Judgement to Appeal.
If the 2014 contract does not override current statutes then all of the other things will almost certainly be wrong.
Then there is the effect of other statutes and common law.
I think the Judge has a case and a half on his hands.
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I agree.
Paul C said 'Just because they've stuck it in the injunction application doesn't make it relevant.....I've read the claim, thanks.'
One assumes that as he has read the claim he can provide a link to it and provide a coherent response to the transcript.
I believe the only thing that matters tomorrow is if the Judge decides whether the CRT contract of 2014 overrides the statutes of 2016 and whether the action taken in 2016 under that contract was legal or whether there is sufficient to order a full hear of the whole thing. All the rest is for another day if ever. If he orders a full hearing the injunction will stay in place.
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I'm curious as to how Geo knows about the check of the PNC. Are such checks placed searchably in the public domain as a matter of routine?
I read the papers before commenting
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PM me your email Geo, and I will send it when I can. Internet where I am is driving me crazy.
PM'd the info
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And that furthered the conversation how exactly?
As for your knowledge, most of it appears made up on the hoof or a straight copy/paste from a Google search, such as your post above about mineral rights. I could pretend that I'm clever by stating that "coal, by virtue of S.9 of the Coal Industry Act 1994 vests ownership in the coal Authority. And that all the rights in petroleum including mineral oil and natural gas found beneath or on a landowners property are property of the crown under S.2 Petroleum Act 1998. Also that the Crown is entitled to all gold and silver found in gold and silver mines on or beneath anyone’s property." But I had to spend 5 minutes looking it up.
So not sure for the reasons for your personal remark. I find your remarks interesting, no googling, just a quick check in a book in my bookcase of something I knew but had not checked in years. I would not rely on google for definitive law as it quietly changes on occasion. Of course as I posted
Surely the rights to oil, gas, coal, gold and silver are owned by the state, or old fashioned by the Crown and recovering them is by a licence granted by the Crown or State
All rights are owned by the State whether that be defined as the Crown or the Government which defines a department to act on its behalf. As for furthering the conversation it imparted the present situation regarding the ownership of the specific minerals etc and correct some misunderstanding of the situation.
Sorry for the delay in replying but I have been ill and not near a computer for days.
ETA to correct double quote
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The Police would attend only to prevent a potential Breach of the Peace. Even if attending at the request of "High Court Enforcement Officers" (which, in this case, it would appear they were not (Read this both ways!) ), the Police would not get involved in the actual seizure.
A police involvement in the seizure could happen by refusing to allow the owner access or warning him off from trying to stop the seizure if there were not valid sealed court orders present. I note there was a PNC request made checking someone's details made @ 0937 on the 19th. Which suggests someone had become of interest to the officer.
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That is a sensible move it brings the matter into court. So tomorrow morning could be interesting at Chester Civil & Family Justice Centre. Has anyone briefed the Press to attend?
Nigel do you have a complete copy of the survey if so could you either PM or email me a copy, I am interested in the general state of the vessel bearing in mind, if I remember correctly, there was a comment by possibly CRT that the vessel was not safe etc and was one of the reasons on top of the money interest for the seizure.
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I was warned - don't remember where, but it is plausible - if you have an auto 12/24V controller, then connecting the solar panels first, the controller is powered up and does not then know if the battery bank is 12 or 24V. It may then assume 24v which when you connect it to your batteries is going to give them too much voltage.
I find it always best when giving advice to err on the side of caution as I have no idea if the op has a controller that is happy if the battery bank is disconnected/connected when the panels are live and I would be most upset if my advice caused damage or harm.
As I said earlier it is bad design and probably cost saving, thus people buy them. The Morning Star is voltage sensing up to 48V from memory.
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sirweste, who is the manufacturer of your water heater and which model is it?
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No progress I'm afraid team. Work has been mental, the lass has got norovirus and the 1.5 hours I was at the boat I spent driving/sailing/cruising/navigating/steering flat out into MK.
Hopefully sicknote will cheer up and I'll get to spend some time at my house this weekend. Not even ordered the part for the genny yet!!
Mine is supposed to be 0.5 W when asleep, if it's as much as 15 - 20 W with no load when awake. I'll be spending > £200 squids on a fancy 12 V one.
Hope lass makes a good recovery from Norovirus and that it bypasses you. Or is the sicknote for you
I hope not.Be well
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Our electric kettle is far quicker at boiling water then the gas one, or it was when we had the capacity to use it
The first cuppa in the morning is taking an age now
lol You will have to get up earlier to have the first cuppa on time
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Not really.
They are still fine for running the fridge, heating, lights and pumps etc, but they are now struggling with higher demands like the electric kettle.
Not a massive problem as we can just use the gas kettle for the few weeks we have left in the water.
I never used an electric kettle, even though technically I had the power, it was the putting the power into the battery and keeping it there that was the problem. I used a gas kettle and I am not sure it was any slower. Also I find the gas kettle sits better on the gimballed stove when on the move. -
My reply was to the post I quoted, quoted below and the talk about not changing them. I had already answered your OP
From what you are saying they needed changing months ago.
Because they won't last the next year ( or possibly two) we have planned for NC.
They are struggling now to manage a weekend. We have a decent trip to Scotland planned for next summer so we want some decent reserve which this current set just wont provide. -
People have been burning wood for thousands of years, they discovered that all you have to do to clear out the tar is burn the stove hard in the morning and last thing at night, it burns the tar away, that and burn properly seasoned wood of course.
I burn wood occasionally in the rayburn it will stay in overnight and burn very hot first thing in the morning when i open it up to boil the kettle
I don't have to burn mine hard and waste fuel. I never get tar deposits and rarely, can't remember the last time, have to clean the glass.
I think it is each to their own and what works in their situation. Chimney draft has a major affect I think
AS you rightly say season wood only anything else is asking for trouble.
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Because they won't last the next year ( or possibly two) we have planned for NC.
They are struggling now to manage a weekend. We have a decent trip to Scotland planned for next summer so we want some decent reserve which this current set just wont provide.
I think you have to accept either the trip is off, unlikely, or a consumable on the boat needs changing before the trip to Scotland.
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Ok guys. Opinions required.
Our batteries will need replacing shortly. So the query is do we stick with what we have (Varta AGM) or buy Traction batteries next time?
Now the trouble is our batteries are not easy to gain access too so maintenance is an issue.
The current Vartas have lasked 5 years with no maintenance. Is it worth spending the extra on Traction batteries knowing we probably won't manage them properly?
Stick with exactly what you have. The boat's charging systems are obviously setup correctly for them and you have managed them well.
If you change to traction batteries they will need a different charging regime, voltages etc. That could mean upgrading of alternators regulators, chargers and solar panel controllers if you have them. Tractions batteries also need watering intermittently, which either means more expense buying a watering system and learning how to use it or being able to get to them to check levels and water them if needed.
You have got it right with the Varta AGM stay with them
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So I'm getting a MissMax style bed wetting! A coupe of the mshrooms are dripping though TBF rain has been torrential and this is the first time I've seen an issue. Was about to buy 6 tubes of interior bathroom sealant and plug em up. But seriously can I assume my best bet is to remove them, apply some decent sealant and bolt em back down?
And please don't worry. I'm not expecting anyone to drop their knickers as payment for advice!!
I have had similar problems in the past and found that screwing the mushrooms right down,. They should not shut completely but the bottom of the head of the mushroom top should then be below the top of the stalk by about a centimetre. I have found that in heavy rain or rain and high winds that stops or considerably reduces any blow in or splashes getting into the boat.
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I find plastic flues tend to melt
lol So do I, but water pipe doesn't
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When I built my new garage at the bottom of the garden I ran buried cable to a new consumer unit, wired 2 lighting circuits and 2 socket circuits (big garage, 8m x 7m). There was a form to be signed off regarding the electrical installation which I duly signed and stated my occupation as electrical engineer (retired) which was accepted by building control and I got my completion certificate.
I thought your degree was electronics not domestic electrics lol
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Pretty much. You can do spurr offs etc, but not in hazardous areas as you say. It is farcical because people won't pay for the extra cost of Part P in many instances, and extension leads seem to be being used more and more. A step backwards if ever I saw one.
Very much so
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This is all from memory so please tell me if I am wrong. You can add sockets or replace sockets to an existing circuit but you can not create new circuits.
Also you can not work in wet places such as kitchens, bathrooms and outdoors.
Where it gets interesting is you can DIY in the forbidden places but you have to advise before hand and later get the building control officer from the council to check it, but when I tried they wouldn't come as they were too busy, in the end I got a sparks to finish the job and sign it off.
Thats about it nor can you alter the consumer unit, or install a new one.
I hope not.
New 1410 Squirrel .Gripes so far.....
in Boat Equipment
Posted
Ash Pan door has to be so that it cannot be opened on it own. To do with being accepted in the UK
Always did require disassemly to fit the coils
Spinners have to be restricted to keep it output below 4.8kW otherwise it has to be installed by a registered engineer.
Check the grate is in properly and the riddling rod is not out of position. The gap between ashtray and the bottom of the grate is quite small.
Whoraaa Hex head on the window bolts, good. BTW I would drop them out and put a good dob of grease on them. Hopefully they will not rust in.
My Morso came with two front grates, don't know where the second has gone thinking about it
I suspect all the redundant plates are because you bought a stove and added the water heating ring. They normally come fitted or did.