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francois wilton

District enforcement mooring fine Reading

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Hi

we are new to this forum and have recently come back from a trip.   We opened the mail and found a mooring fine of a £100 from District Enforcement. (Coal Woodland Reading Tesco)

1.  From the pontoon there were no warning signs of any sort, we have four photographs to show this.

2.  No ticket or letter attached to the boat at the time,  so impossible even if we wanted to take up the 14day discount opportunity(£60)

3.  In a matter of days it has gone up to £160.

4.  we have contacted District Enforcement,  they sent us a picture of a warning sign,  which is up river behind bushes not visible from the pontoon.

Apparently there havent been signs by the pontoon for a number of months,  although i have photos we would greatly appreciate more photos past or present showing there are no signs by the pontoon and some solid advice please.

Thank you

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How long were you stopped there for? 

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If the notice says fine anywhere you can completely ignore, CRT cannot fine they can only charge mooring fees with a contract.

You didnt sign a contract and didnt see a notice.

Write to them claiming harrasment and bullying are making you ill, threaten to bill them for any doctors visits and medication along with billing them for every letter that you write to them. Send the same letter to the Reading Chronicle telling them how District Enforcement are putting visitors off visiting their lovely town and spending money there.

  • Greenie 1

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Personally, I would write to them stating clearly and politely that there were no signs on the pontoon advising that mooring was restricted and therefore you decline their kind offer to pay them £160. 

 

I’d then wait and see what they do, and if they take it to court I’d use the same defence. No signs, no enforcement. 

 

However, you might be less bolshie than me and more risk averse, so hopefully someone with some legal knowledge might be along to advise. @NigelMoore?

 

In the mean time, Matty’s advice seems sound. 

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Which navigation authority is it? River, or canal? Who owns the mooring? I don't know Reading, but it isn't necessarily CaRT responsible for this.

4 minutes ago, matty40s said:

If the notice says fine anywhere you can completely ignore, CRT cannot fine they can only charge mooring fees with a contract.

You didnt sign a contract and didnt see a notice.

Write to them claiming harrasment and bullying are making you ill, threaten to bill them for any doctors visits and medication along with billing them for every letter that you write to them. Send the same letter to the Reading Chronicle telling them how District Enforcement are putting visitors off visiting their lovely town and spending money there.

 

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Not a lawyer but as far as I'm aware they have no legal basis to 'fine' you, they can only claim that you've entered into a contract to pay them a stack of cash by mooring there as per the terms set out in the sign. However if they haven't made the sign obvious then they're in a rather dubious position to claim you've entered into a contract of which you can't reasonably be expected to be aware. Therefore I'd invite them to see you in court if they really intend to press their claim.

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6 minutes ago, matty40s said:

If the notice says fine anywhere you can completely ignore, CRT cannot fine they can only charge mooring fees with a contract.

You didnt sign a contract and didnt see a notice.

Write to them claiming harrasment and bullying are making you ill, threaten to bill them for any doctors visits and medication along with billing them for every letter that you write to them. Send the same letter to the Reading Chronicle telling them how District Enforcement are putting visitors off visiting their lovely town and spending money there.

Its the Thames and the council owns the moorings, there was loads on here about it when it was introduced

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2 minutes ago, Jen-in-Wellies said:

Which navigation authority is it? River, or canal? Who owns the mooring? I don't know Reading, but it isn't necessarily CaRT responsible for this.

 

Reading's on the Thames so must be EA surely.

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2 minutes ago, Jen-in-Wellies said:

Which navigation authority is it? River, or canal? Who owns the mooring? I don't know Reading, but it isn't necessarily CaRT responsible for this.

 

Both CRT and the EA have been using these cowboys in the last two years, the Tesco area was a grey area as far as water ownership goes, I believe it is EA although similar worded signs are appearing across CRT now. The actual sign wording would end up in a court laughing at them anyway if you read it through.

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3 minutes ago, phantom_iv said:

Not a lawyer but as far as I'm aware they have no legal basis to 'fine' you, they can only claim that you've entered into a contract to pay them a stack of cash by mooring there as per the terms set out in the sign. However if they haven't made the sign obvious then they're in a rather dubious position to claim you've entered into a contract of which you can't reasonably be expected to be aware. Therefore I'd invite them to see you in court if they really intend to press their claim.

I’m in complete agreement with this. 

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7 minutes ago, Flyboy said:

Reading's on the Thames so must be EA surely.

Also has the river Kennet, which is CaRT, hence the question. Plus the disputed territories in between.

Edited by Jen-in-Wellies

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3 minutes ago, francois wilton said:

Hi , the letter says mooring charge notice .

 

Which has no legal basis, other than to encourage you to pay the money you've promised them in the 'contract'. It's basically an invoice, rather than a fine. Which you don't have to pay, unless you so choose. The only legal recourse they have is to take you to court for breach of contract. For which they first have to prove that you've knowingly entered into a contract. This might prove tricky in front of a judge with even below average common sense, especially if you have a good selection of photos, maps, etc... what they like to call 'evidence'.

  • Greenie 1

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5 minutes ago, Jen-in-Wellies said:

Also has the river Kennet, which is CaRT, hence the question. Plus the disputed territories in between.

Sorry to confuse, Tesco's is on the Thames.

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I would ignore, I wouldn’t even reply or respond.

Edited by Robbo
  • Greenie 1

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1 minute ago, Robbo said:

I would ignore, I wouldn’t even reply or respond.

If it goes to court it’s always good to show the judge that you responded to them and explained why you declined to pay. So the only one wasting the court’s time is the claimant. 

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Was talking to a Lockie about this last week, he said one boater had been there for four years, which can't be right surely. Unfortunately we all get roped in with the lowest denominator. 

 

The moorings are presently being upgraded - I posted a pic last week.

 

Only a court can fine you!

 

4-12-500x352.jpg

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I  need more of these recent photos ( no signs on railing next to pontoon) please Jennifer McM. Thank you

Any recent photos showing no signs opposite pontoon on railings please send tracy.wilton@btinternet.com  Thank you.

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6 minutes ago, Jennifer McM said:

Was talking to a Lockie about this last week, he said one boater had been there for four years, which can't be right surely. Unfortunately we all get roped in with the lowest denominator. 

 

The moorings are presently being upgraded - I posted a pic last week.

 

Only a court can fine you!

 

4-12-500x352.jpg

I thought the whole point in these signs was to stop any one stopping their even just to go to Tesco’s, so why are the upgrading the mooringss if that is the case?  There seem to be a number of boats there so are they all getting demands for payment?

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7 minutes ago, francois wilton said:

I  need more of these recent photos ( no signs on railing next to pontoon) please Jennifer McM. Thank you

Any recent photos showing no signs opposite pontoon on railings please send tracy.wilton@btinternet.com  Thank you.

I only took two pics, we tried to moor for a quick Tesco visit, but got moved on. Maybe someone else is passing by, and will take a photo.  We're in Abingdon now.

 

 

4-11-500x382.jpg

 

 

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