The Law

Where it is written

British Waterways’ unlawful abuse

Wednesday, December 1st, 2010

We have received this message from a boater in the north west about BW’s unlawful enforcement practices:

British Waterways served an injunction on a boat at Nantwich earlier in the year.  The owner lived on the boat and had been refused a licence although offering to pay for one. He left it to the last minute to seek legal advice.  He didn’t turn up at court. An order was made to remove/seize his boat.  He was given 14 days notice. This notice was ignored on the grounds that he might ‘abscond’. Two BW ‘enforcers’ accompanied by two Polish ‘mercenaries’ dressed in BW uniforms came to his boat at 7-o-clock one morning when he wasn’t there.

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BW legal action mostly concerns licence evasion

Monday, November 29th, 2010

A boater recently made this Freedom of Information request to BW and got the answer below which suggests that most of the pending legal action against boaters is about licence evasion rather than overstaying, and that BW may be carrying out unlawful enforcement action against 8 boats without home moorings.

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If BW has done this to you, let us know

Thursday, November 11th, 2010

BW has recently attempted to obtain a Section 8 against a liveaboard boater without informing him of the Section 8 notice or of the date of the court hearing in Bath. As luck would have it,  the District Judge at Bath County Court referred BW’s claim to Bristol County Court for a Directions Hearing because it was too complex for a District Judge. At this point BW decided to inform the boater of the new hearing, this time in front of a Circuit Judge (who is more senior). However, BW’s solicitors Shoosmiths have informed the boater that the hearing is a full hearing, where he will need to defend himself, rather than a Directions Hearing where the court decides how it will deal with the case.

In denying the boater the chance to defend himself, BW have broken Article 6 of the Human Rights Act (the right to a fair trial); Article 8 (the right to respect for one’s home, private and family life) and Article 14 (protection from discrimination). Needless to say, this boater intends to throw the book at BW, and is considering taking out an injunction against BW to prevent any further interference with his home, and bringing a Judicial Review of BW’s actions which are in breach of the Human Rights Act.

If  BW has served you with a Section 8 notice and failed to inform you of the court date, or has served papers on you incorrectly, please let us know at info@boatingcommunity.org.uk

If you are at all worried that this may happen to you, you are entitled to make a request under the Data Protection Act to obtain all the information BW holds about you. See our article here http://kanda.boatingcommunity.org.uk/wordpress/?p=311#more-311

Police check licences of boats on River Lea, London

Tuesday, September 28th, 2010

We have had another message from boaters in London, to let us know that apparently around six policemen worked their way down the River Lea from Tottenham checking licences and making notes on Saturday 11 September.  They asked at least one person who had a licenced boat for their personal details, which they made a note of. This person did supply this information (there is no legal requirement for one to supply the police with personal information unless arrested). A London boater said “I had what I would describe as a fairly unpleasant encounter with two of these policemen .

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BW say policy changes won’t be up for discussion in Local Mooring Strategy

Tuesday, August 31st, 2010

The first meeting of the Local Mooring Strategy steering group for the western Kennet and Avon took place on 26 August in County Hall, Trowbridge. As you will see from the documents below which BW circulated before the meeting, most of the changes that BW want to make, that will have a big impact on our lives, will not be up for discussion in the local mooring strategy.

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The “Continuous Cruising Procedure” and CC3 letters

Thursday, May 27th, 2010

A boater recently made a Freedom of Information request about the number of boats BW had either taken to court or removed following a CC3 letter. The CC3 is the letter which terminates the boat licence in what BW like to call the “Continuous cruising procedure”. The boater asked the following questions

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Council Tax and Liveaboard Boaters

Tuesday, May 18th, 2010

There have been a number of accusations recently that boaters do not pay Council Tax and so should not benefit from local services. This is incorrect. British Waterways pays the Government a composite levy in respect of Council Tax and Business Rates. This is collected centrally and the income is used to offset general central Government payments to local authorities through the Rate Support Grant. Therefore, anyone who pays a boat licence fee to BW contributes to this composite levy in respect of Council Tax.

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Boaters are Travellers

Friday, February 5th, 2010

The Department for Communities and Local Government (DCLG) has given its opinion that ‘bargee travellers’ are covered by Section 225 of the Housing Act 2004 which defines who is a traveller.

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1962 Act Section 43 (3) and (8)

Wednesday, November 11th, 2009

This is the law British Waterways quote as their sole authority for the proposed fines for overstaying on moorings.

As quoted in BW’s reply to NABO’s complaint.

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British Waterways Act 1995 Section 17 (4) and (5)

Thursday, October 1st, 2009

In this section is given the procedure that British Waterways must follow if they wish to take away your licence (“withdrawing their consent”) – see section 17 (5) below

The important bit is that they must give you 28 days to “remedy the breach”

British Waterways Act 1995 Section 17

(4) If—

(a) (subject to subsection (6) below) the vessel does not comply with the standards applicable to the vessel on the date when the consent was granted; or

(b) an insurance policy is not in force in respect of the vessel; or

(c) either—

(i) (in the case of a vessel in respect of which a relevant consent is issued pursuant to subsection (3) (c) (i) above) it appears to the Board that a mooring or other place such as is referred to in subsection (3) (c) (i) above is not available for the vessel; or

(ii) (in the case of a vessel in respect of which a relevant consent is issued pursuant to subsection (3) (c) (ii) above) the vessel has not in fact been used bona fide for navigation in accordance with the said subsection (3) (c) (ii);

the Board may give notice requiring the holder of the relevant consent to remedy the default within such time as may be reasonable (not being less than 28 days).

(5) If the holder of the relevant consent does not comply with any notice served pursuant to subsection (4) above then the relevant consent shall determine on the date the notice expires.