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K&A boaters Evicted


Alan de Enfield

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Old news but reported today, with more details.

 

It shouldn't have come as a surprise …………...…...

 

https://www.somersetlive.co.uk/news/somerset-news/family-who-fled-canal-fear-3316196

 

"The 1995 Waterways Act doesn’t specify a distance, only that we must move every two weeks," he said.

"But the CRT did not like out 'mooring pattern' so they disallowed our licence.

"They claimed our journey was not 'bona fide' so at the end of that period (December 31, 2017), they gave us a restricted, six-month licence followed by another one.

"This year, our licence application was turned down. Around March time we received a ‘Section 8’ which basically means they were going to remove our vessel within a month.

"That was delayed for a month and then we didn't hear from them for about four months. We thought it had blown over.

"Then we were given 28 days and now we are no longer there. We spent all this year with no licence, despite applying for one."

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13 minutes ago, Alan de Enfield said:

Old news but reported today, with more details.

 

It shouldn't have come as a surprise …………...…...

 

https://www.somersetlive.co.uk/news/somerset-news/family-who-fled-canal-fear-3316196

 

"The 1995 Waterways Act doesn’t specify a distance, only that we must move every two weeks," he said.

"But the CRT did not like out 'mooring pattern' so they disallowed our licence.

"They claimed our journey was not 'bona fide' so at the end of that period (December 31, 2017), they gave us a restricted, six-month licence followed by another one.

"This year, our licence application was turned down. Around March time we received a ‘Section 8’ which basically means they were going to remove our vessel within a month.

"That was delayed for a month and then we didn't hear from them for about four months. We thought it had blown over.

"Then we were given 28 days and now we are no longer there. We spent all this year with no licence, despite applying for one."

To misquote a song from the musical Chicago "He They had it coming, he they had it coming, he they only had himself themselves to blame"

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I am surprised that he has obtained a mooring. The web site says:

 

Residential moorings

There’s a long waiting list for residential moorings which is currently closed.

The residential berths are currently fully allocated and rarely become available, and no other residential use of vessels is permitted.

 

 

Either the report is inaccurate or the move was planned a very long time ago!

 

 

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3 minutes ago, Mike Todd said:

I am surprised that he has obtained a mooring. The web site says:

 

Residential moorings

There’s a long waiting list for residential moorings which is currently closed.

The residential berths are currently fully allocated and rarely become available, and no other residential use of vessels is permitted.

 

 

Either the report is inaccurate or the move was planned a very long time ago!

 

 

It’s strange that he can now find the money for a mooring....and that seems very reasonably priced for a residential mooring as well......somethings not right. 

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13 minutes ago, CompairHolman said:

Pathetic level of victimhood. 

 

I'd be embarrassed to make this public. 

 

Who does he think he's kidding ?

He's kidding the media who are willing to print such dribble and those that believe what the media publish! 

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22 minutes ago, frangar said:

It’s strange that he can now find the money for a mooring....and that seems very reasonably priced for a residential mooring as well......somethings not right. 

 

Annual charges for navigation and berthing in The Floating Harbour range from £104.90 to £221.00 per metre, depending on where you moor. His boat must be about 15m long, giving an annual cost of £1500+.

Not surprising there is a waiting list with prices so much lower than CRT licence/ moorings.

But it still would have been cheaper to pay a CRT licence and move a bit further.

Edited by David Mack
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16 minutes ago, David Mack said:

Well those who commented at the bottom of the article haven't been taken in by the family's moaning.

I liked the one who claimed "This bloke spends most of his time in the Bell", followed by the retort "You must do too or you wouldn't know".

 

The way the newspaper's story reads, the family have been hard done by, and the photos show that it's a presentable, if rather plump, craft. So, has the newspaper got it wrong? Perhaps the reporter is being too sympathetic towards the family.

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20 minutes ago, Athy said:

I liked the one who claimed "This bloke spends most of his time in the Bell", followed by the retort "You must do too or you wouldn't know".

 

The way the newspaper's story reads, the family have been hard done by, and the photos show that it's a presentable, if rather plump, craft. So, has the newspaper got it wrong? Perhaps the reporter is being too sympathetic towards the family.

The photos are his own. (?)

 

All he had to do was move to Seend now and again, hopping along every fortnight back and forth keeping his head down like his mates. 

 

All sounds odd. 

 

Anyhow, he is now a ‘continual commuter’. 

 

Edited by Goliath
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1 minute ago, sirweste said:

Interesting, so they can still legally refuse to give you a licence and then do you for not having it...

Looks like it. I suppose the choice is simple, cruise or buy a mooring like 99 percent of us do?

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2 minutes ago, sirweste said:

Interesting, so they can still legally refuse to give you a licence and then do you for not having it...

Of course, just in the same way that they can refuse to give you a licence (or take it away) and then do you for not having it....if its a driving licence and you break the law sufficient to earn a ban.

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4 minutes ago, sirweste said:

Interesting, so they can still legally refuse to give you a licence and then do you for not having it...

That’s how CRT use section 8.  If you have a licence and you don’t cruise there is not a lot they can do, so they eventually they refuse to grant you a new licence, at that point you become an unlicensed boat on CRT waters.  Unlicensed boats must either be removed by the owner, or CRT will remove it for you and give you a bill, a bit like getting your car taken to the police pound.

Edited by Chewbacka
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Seems that way doesn't it. Until someone else is brave enough to challenge it in court. 

 

I would have thought this bloke stood a good chance in court. Assuming he's had at least the same movement pattern in the last 14 years (which was perfectly acceptable apparently) and given that he was close to the arbitrary 20 miles.

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3 minutes ago, sirweste said:

Seems that way doesn't it. Until someone else is brave enough to challenge it in court. 

 

I would have thought this bloke stood a good chance in court. Assuming he's had at least the same movement pattern in the last 14 years (which was perfectly acceptable apparently) and given that he was close to the arbitrary 20 miles.

My understanding is that CRT always go to court to have a  liveaboard boat removed.

 

CRT will only have movement records from just a few years ago (when they started tightening up) and no doubt have been in communication with the boater for 2 or 3 years about his lack of bona fide navigation, so I would not rate his chances of winning as highly as you do.

Edited by Chewbacka
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1 minute ago, sirweste said:

Seems that way doesn't it. Until someone else is brave enough to challenge it in court. 

 

I would have thought this bloke stood a good chance in court. Assuming he's had at least the same movement pattern in the last 14 years (which was perfectly acceptable apparently) and given that he was close to the arbitrary 20 miles.

The correct way has been pointed out a number of times, and is a judicial review at the point where CRT refuse to issue the licence. However the boater concerned here chose not to follow this path.

 

(There is a later court hearing, typically engaged upon by CRT, when it involves liveaboards, to obtain a court order to affirm their power to remove the boat, however this only affirms the S.8, it does not and cannot consider the original reason why the licence was not issued). 

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2 minutes ago, Paul C said:

The correct way has been pointed out a number of times, and is a judicial review at the point where CRT refuse to issue the licence. However the boater concerned here chose not to follow this path.

 

(There is a later court hearing, typically engaged upon by CRT, when it involves liveaboards, to obtain a court order to affirm their power to remove the boat, however this only affirms the S.8, it does not and cannot consider the original reason why the licence was not issued). 

 

Towards the bottom of the article the CRT spokesman is quoted as saying:

"We make sure that in all cases any decision to remove a boat that is lived on has first been independently scrutinised by a judge who considers whether the Trust is acting appropriately." 

So presumably that happened in this case.

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Just now, nbfiresprite said:

As to what is a Continuous cruiser licence? We should ask the hypothetical ordinary and reasonable person on the Clapham omnibus, what Continuous cruiser licence means to them.

I can see the beginning of the next 10 pages...

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