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Boater With Home Mooring - Court Action Started.


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They would t need to. They could just leave an official notice where the boat had been.

 

If that's gone when the boater gets back in sure they would contact CRT to find it. Why wouldn't you?

 

This is perfectly correct. The obvious first answer to "where would they move it" is: move it to wherever is closest that is not causing a problem. In at least one of the Taylor instances, that involved moving it to where it could not be seen from the visitor mooring whence it had been moved.

 

As to notices and responsibilities etc, yes, the moving is at the Board’s risk/responsibility, as it should be. The protocols involved are readily ascertained by comparison with the requirements of the specific statute authorising moving of vessels under s.19 of the 1995 Act.

 

The 1983 Act s.8(5) states: “. . . the Board may at any time move without notice a relevant craft if it be an obstruction or a source of danger.”

 

The 1995 Act s.19 also deals with removal of vessels to permit works etc. Relevant to concerns expressed above, sub-section (5) gives appropriate guidance –

 

“( a ) If the Board in exercise of the powers of this section remove a vessel to a place not readily visible from the place from which it was removed they shall serve on the owner—

(i) as soon as practicable after the removal, a notice that they have exercised the powers of this section stating the place to which the vessel has been removed; and

(ii) as soon as practicable after the replacement of the vessel, a notice that the vessel has been replaced.

 

( b ) This subsection shall not have effect if the Board after reasonable inquiry are unable to establish the name and address of the owner or for any other sufficient reason are unable to serve the notice; and subsection (2) (d) of section 17 (Notices) of the Act of 1983 shall not apply to notices under this subsection.

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The problem with these acts, as with many I deal with on a day to day basis, is that they were written in a previous age, when everyone wore top hats and had monocles and gentleman bowed to ladies as they promenaded.

 

To be on the safe side in this less trusting era, I think they would have to proceed with caution and on the basis that prior warning, whilst not necessary, was the agreed policy. The simple fact that they are dealing with it might be enough to encourage some to comply more in future.

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Could over-staying on a VM be considered "obstruction"?

 

#511

 

Overstaying on a restricted time Visitor Mooring by a trading boat was held by a County Court judge to amount to obstruction.”

 

Boat Licence Terms & Conditions Schedule 2, section 6

 

An overstaying boat is causing an obstruction at a mooring since it

means that the mooring is not available for other boats to use.”

The problem with these acts, as with many I deal with on a day to day basis, is that they were written in a previous age, when everyone wore top hats and had monocles and gentleman bowed to ladies as they promenaded.

 

I still bow to ladies, but I don’t recall monocles and top hats being prevalent in 1995?

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The phone call system does work. Several years ago we moored up in York by Museum Gardens.

Unbeknown to us they were firing the cannon on that day but hadn't put up the notices yet. A couple of hours after leaving the boat we got a phone call from BW saying to please move our boat as they wanted to fire the guns. We returned and did that. The system worked.

Bob

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Firstly there is an implication that only those with no fixed abode are the only ones lightly to be fined secondly CRT hold contact details for all boats with a licence

 

I can see you're just being awkward but I'll let that pass for now.

 

Imagine this. A piss-taking boater get issued with a fine. They are CCers who don't have a real life street address, only a PO box for mail forwarding, and they decide they aren't going to pay it. Where do you send the arresting policeman to pick them up and take them to court? (Or where do you serve the Money Claim if it's civil?)

 

Or are you suggesting piss-taking boaters can always be trusted to send off cheques in the post if fined?

 

 

MtB

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I can see you're just being awkward but I'll let that pass for now.

 

Imagine this. A piss-taking boater get issued with a fine. They are CCers who don't have a real life street address, only a PO box for mail forwarding, and they decide they aren't going to pay it. Where do you send the arresting policeman to pick them up and take them to court? (Or where do you serve the Money Claim if it's civil?)

 

Or are you suggesting piss-taking boaters can always be trusted to send off cheques in the post if fined?

 

 

MtB

Amazing your naughty boater has to be a continuous cruiser can't just be a boater normal anti continuous cruiser stuff and you wonder why I get awkward as a piss taking boater because I guess you class all continuous cruisers as piss takers I would pay the fine if it was legal

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Amazing your naughty boater has to be a continuous cruiser can't just be a boater normal anti continuous cruiser stuff and you wonder why I get awkward as a piss taking boater because I guess you class all continuous cruisers as piss takers I would pay the fine if it was legal

 

Any chance of re-writing that in English?

 

I think I get the gist though. It HAS to be a CCer because home moorers have a street address by definition. Duh.

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Where do you send the arresting policeman to pick them up and take them to court?

 

What I can't understand is why all these criminal masterminds escape to far off countries which don't have extradition treaties with the UK when all they need to do is buy a narrowboat and go CCing in order to evade the long arm of the law.

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Amazing your naughty boater has to be a continuous cruiser can't just be a boater normal anti continuous cruiser stuff and you wonder why I get awkward as a piss taking boater because I guess you class all continuous cruisers as piss takers I would pay the fine if it was legal

In this case, I really don't think you can shout prejudice.

 

Without any particular assumption as to who would be fined, it remains factually accurate to say that recovering money from somebody who lives on board and has no established mooring is going to be rather more tricky than recovering it from somebody who lives in a house

  • Greenie 1
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Amazing your naughty boater has to be a continuous cruiser can't just be a boater normal anti continuous cruiser stuff and you wonder why I get awkward as a piss taking boater because I guess you class all continuous cruisers as piss takers I would pay the fine if it was legal

Ok it's just a piss taking boater. Where's the difference?

Edited by Naughty Cal
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Any chance of re-writing that in English?

 

I think I get the gist though. It HAS to be a CCer because home moorers have a street address by definition. Duh.

Why does a home moored have a street address I know lots of livaboard who have the same address problem as continuous cruisers because their mooring will not let them use the address duh

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Ok it's just a piss taking boater. Where's the difference?

They stole kitty......;)

 

 

Bugger..you spotted it.

 

Shouldn't be on the quayside by now?

Edited by The Dog House
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#511

 

Overstaying on a restricted time Visitor Mooring by a trading boat was held by a County Court judge to amount to obstruction.”

 

Boat Licence Terms & Conditions Schedule 2, section 6

 

An overstaying boat is causing an obstruction at a mooring since it

means that the mooring is not available for other boats to use.”

 

I still bow to ladies, but I don’t recall monocles and top hats being prevalent in 1995?

C&RT could quite properly, come along and move an overstayer, off a VM, and on to a suitable 14 day mooring nearby, with no recourse to the Courts.

 

Bod

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The street address or the home mooring is where they can be found for enforcement.

 

You're an intelligent bloke. Why can you not see that finding a CCer who doesn't want to be found is harder than finding someone who lives in a house or on their home mooring?

 

Mayalid put it better than me, in post 561 just above.

 

MtB

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In the case of some we know they have. Numerous times. Then they have started court proceedings.

Just how many chances do people expect CRT to give to these idiots?

I didn't realise they did do that.

 

I think it's fair to say they don't do it regularly as a matter of published policy.

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Naughty Cal, on 16 Jul 2014 - 8:01 PM, said:

In the case of some we know they have. Numerous times. Then they have started court proceedings.

 

Just how many chances do people expect CRT to give to these idiots?

 

I think this is unknown to the majority of people and should be worth C&RT publishing the information as a 'warning'.

 

Do you have any documents or evidence of this, or is it just "people known to you" ?

Edited by Alan de Enfield
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Should I ask the question. Why don't they?

 

Perhaps it would be useful to have read this thread from the beginning? This question too, was already previously posed - and alongside several other suggested replies, I responded in #523 on page 27.

 

I don’t know how often they have exercised this option, but as Captain Zim suggests, “it's fair to say they don't do it regularly as a matter of published policy” [despite everyone being on notice via the T&C’s Sch.2 s.6 – “In some cases we may use our powers under s.8(5) of the British Waterways Act 1983 to move boats that are causing an obstruction.”]

 

My portrayal of official reasoning/excuses relates to the London area; other regions will doubtless differ in their approach.

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CRT's data gathers supposedly cover all the system every 2 weeks so it shouldn't be too difficult to find boats and pass information on. . Many companies outsource debt collection of relatively so be careful of what you wish for.

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