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Generator usage


Captain P

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I made the mistake of criticising the knees when my expertise was molecular science. 

I'd love to do the hiding behind the works thing at a boat show. You display all your wares then you hide behind a board and listen to what people say. It must be a brilliant way to get natural feedback. 

 

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23 minutes ago, magnetman said:

Always important to bear in mind that internet forums, due to the way they function, will tend to attract ultracrepidarians. 

 

Its an interesting phenomenon well described in this short arrrticle. 

 

https://psychology-spot.com/we-are-surrounded-by-ultracrepidarian/


 

I know…..we’ve been there before if you recall. 👍😂

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2 hours ago, magnetman said:

It has been established that the CRT do not enforce byelaws

 

 

I response to a question as to why C&RT do not use the byelaws :

 

Nigel Moore 8/2/20

 

It was HH Judge Denyer QC in the judgment against George Ward of 20 December 2012 on the Bristol County Court :-

 

Other than the removal of the boat the only sanction provided for in the legislation in respect of a contravention of the Rules by a person such as the Claimant is that of a derisory fine.  I think it has now reached the sum of £50.  If they are not entitled to take these steps i.e. removal of the boat from the river they are in truth substantially powerless to enforce the obligations of those who use the waterways.  I do not regard the ability to take debt recovery proceedings as being a sufficient alternative remedy.  Aside from anything else they would face problems of enforcement.  No doubt if they did obtain a money judgment the judgment debtor would seek to or could seek to pay at some derisory sum per week or per month.”

 

He overlooked, of course, the fact that the same would apply to any County Court judgment as to costs etc, and also that the seizure of the boat even if leading to a sale could never be used to pay off the debt, because the relevant statute specifically bars that. They can only (legally) retain from the profits of a boat sale, the costs of seizing, storing and selling it. However it may be that this judge (and others) was misled into believing that BW could use possession of the seized boat as a lien on monies owed to them. This was pre-Ravenscroft after all.

 

He was mistaken as to the level of fine which is £100 (plus, of course, costs, and nowadays ‘victim surcharges’). He was also off the mark about “problems of enforcement”. Having obtained a court order for fines and costs and charges, the collection could be left to court bailiffs, or payment could be sought for from central funds as respects costs at least. The judge also seems to be confusing pursuit of money judgments with prosecutions (pursuit of merely a money claim being a third option NOT, as the 1983 Act provides, preclusive of parallel criminal action.

 

If the convicted boater proved evasive and in breach of a court order, then a warrant for their arrest could be issued, and once caught they could be sent to prison for contempt of court. There is nothing “derisory” about such implications as attached to the prosecution process. If this judge was correct, then the EA could be considered “powerless to enforce the obligations of those who use” - their – waterways” – and clearly, that is very far from the truth.

 

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37 minutes ago, magnetman said:

Always good to hear from Nigel. RIP. 

 

I had the pleasure of going to the Magpie in Brentford with him and yes we discussed all this. 

 

It is an interesting topic on our wonderful waterways.

 

Great pub 🙂

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7 hours ago, cuthound said:

I'm surprised no one has suggested inserting a suitably sized potato into the exhaust of the offending generator.

 

Works every time unless you get caught doing it! 🤣😂

 

"🎶 A spoonful of sugar helps the generator medicine go down 🎶 "

 

;)

 

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On 04/12/2023 at 07:43, MartynG said:

I asked the question because it is relevant.

If no rules/laws are being broken then you should deal with it by accepting it as being normal or move on.

I can't move on and am dealing with it. My question was 'is this normal?". I would use this information in future to decide on where to moor.

 

As someone who avoided communityuntill recently I was not sure. That is what a forum is for, to ask questions. I also detailed that I have no animosity but would like to know for future reference.

You obviously did not read properly and look a fool, thankfully others did awnser my question thankfully.

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3 hours ago, Captain P said:

I can't move on and am dealing with it. My question was 'is this normal?". I would use this information in future to decide on where to moor.

 

As someone who avoided communityuntill recently I was not sure. That is what a forum is for, to ask questions. I also detailed that I have no animosity but would like to know for future reference.

You obviously did not read properly and look a fool, thankfully others did awnser my question thankfully.

The simple answer to your question is, no, it's not normal, but it does happen from time to time.  Because it's within the licence rules (but possible against the bylaws - which aren't enforced), there's not much you can formally do.  Your choices boil down to; speak to the other person about it, or move.  I appreciate that moving is a problem for you at the moment, but I would avoid mooring on a river at this time of year anyway.  Your experience is just one reason for avoiding rivers in winter.

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5 hours ago, doratheexplorer said:

The simple answer to your question is, no, it's not normal, but it does happen from time to time.  Because it's within the licence rules (but possible against the bylaws - which aren't enforced), there's not much you can formally do.  Your choices boil down to; speak to the other person about it, or move.  I appreciate that moving is a problem for you at the moment, but I would avoid mooring on a river at this time of year anyway.  Your experience is just one reason for avoiding rivers in winter.

Thank-you for your response, I will indeed avoid rivers after this.

To be fair we've decided to knock this arm on the head because being trapped here has been most unfun.

Appreciate your informed response on this subject muchly:)

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