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CompairHolman

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About CompairHolman

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  1. A. Yes they can , causing a disturbance is a breach of bylaw . B. Explain exactly what action they can take for breach of the ultra vires terms and conditions ?
  2. CRT don't agree that the T & C 's are unenforceable, however much Arthur rants on about it. Everyone signed for a licence on the above basis , fact.
  3. You have conflated a civil contract with a licence issued under statute by a ( partly ) public body . Please don't make me explain the difference.
  4. Arthur Marshal replies to threads only in the hope he can get himself wound up, then when it doesn't go his way he flounces off with a long angry diatribe shouting his half baked opinions , don't be like Arthur Marshal.
  5. This is a fallacy argument because pointing out what the law states and does not state doesn't promote crime or bad behaviour it improves the law, lawyers and judges do this every day, it is part of the legal process to review and define laws. Let me ask these questions to anybody. 1. Do you agree that CRT should make clear which licence terms and conditions are the law and which are codes of conduct ? Or 2. Do you agree codes of conduct can be misrepresented as laws if it fools some people into following them ?
  6. Since it states very unambiguously in the 1995 BW act that a licence must be granted if the conditions and only those conditions in the act are complied with and at no time did BW lawyers or anyone else claim anything different in the drafting of that act then I would think there is a good case to take to court. However no one is interested in doing so because of the costs involved and there is already full protection from unlawful contract terms in law. It seems CRT are not stupid enough to pursue any of these false licence conditions in court, they always back down on them.
  7. You said MOST terms and conditions were unenforceable or illegal, provide some evidence for that or stop sulking.
  8. Like i said , I would be happy for CRT to publish a code of conduct separate from the licence conditions, but I'm not happy with any attempt to misrepresent them as laws or contractual terms, even if misrepresenting them makes them more widely followed. If an organisation requires to control its business then the correct way to do this is via the procedures already in place to petition Parliament to get the law changed. There is no sound argument that an organisation can operate outside of the law IF it thinks that is more effective way to achieve its aims, and anyone arguing for that just because it doesn't affect them yet is naïve .
  9. Rubbish. Stop making stuff up.
  10. Because a pubic body is bound by the law and can only do that which the law specifically states it can do. ( as regards licencing CRT is still a public body ) The answer to this is to make clear in the licence terms and conditions which are the law and which are voluntary guidelines for behaviour. Unless you're arguing that deliberately deceiving people is a good way to get things done. Possibly those living on non residential moorings wouldn't want to push it to find out ?
  11. I already showed it you in post 115 ! That is ridiculous.
  12. Well I don't personally ask people to obey rules that I know are false, its dishonest, at some point in the conversation a person doing that is going to have to lie, like when the other person says " turn it off or else what ". There is. Its already been posted on this thread.
  13. I haven't argued to prevent them I have just pointed out that some are unenforceable and have no lawful penalty attached to them . To be in favour of them means you support rules that no one can enforce, which in my opinion is pointless because you can't do anything about anyone not following them , and I would like noise nuisance to be enforced. The licence terms and conditions should clearly define the law from the added " code of conduct " ideas it contains, not doing so is misrepresentation. I have heard the 8am to 8pm generator " rule" many times over the years and lots of boaters think its some kind of law, it's not it's purely advisory.
  14. Are you saying you agree to be bound by ultra vires rules if you think those rules are reasonable ? That is bizarre and can only lead to huge problems. ( remember that I started this thread about restricting noise pollution so I have no wish to tie anyone's hands, in fact I'm arguing for the opposite )
  15. I never mentioned not signing your licence application because it is irrelevant whether you sign it or not, your agreement to it has the worth of signing bus ticket, the issue and revocation of licences is purely statutory ,no one is required to agree in writing to follow the law. When you apply for or renew your licence and you are asked to agree to the " licence terms and conditions" , verbally over the phone, tick a box on a form or any other way it is ultra vires, ( but not illegal ) irrelevant and just empty words with no legal standing, saying yes doesn't bind you to anything at all . In my opinion.
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