If BW has done this to you, let us know

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

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3 Responses to “If BW has done this to you, let us know”

  1. Geoff Mayers MonsterID Icon Geoff Mayers says:

    They have done this to me. Shoosmiths are in the debt collection business and are notorious for ‘bullying’ people and using dubious and devious procedures (just like BW). A very appropriate partnership. They are in the business of making people homeless by issuing charging orders for small amounts of debt and, in our case, injunction orders for insufficient reasons. I am targetted by BW for challenging their unlawful rules and criminal enforcement. What they actually issued patrol notices for, and submitted to the court, was a case based upon my failure to ‘continue my ”journey”’ in the 28 days between 9th December and 6th January. If you remember the canal was frozen and the ice was 6 inches thick.

    Shoosmiths have a ‘favourite’ charity. As I said they are in the business of making people homeless. Who might you go to if you were threatened with homelessness? To none other than their ‘favourite’ charity – Shelter.

    I must lie down again.

  2. Paul Biddy MonsterID Icon Paul Biddy says:

    BW also have a habit of demanding payment of past debts as a pre-condition of renewing a licence. If BW try this with you, refuse to play ball and contact Stone King Solicitors who will give you a free hour (and maybe write a letter for you) or contact this web site. The only reasons BW are permitted to refuse a licence is a) no insurance b) no boat safety c) no payment of the required money for the licence. Debt and licence fees are 2 unrelated things and BW should deal with these things separately.

  3. Paul Biddy MonsterID Icon Paul Biddy says:

    I know 4 boaters (including myself) who were not informed of court proceedings and were therefore unable to properly defend themselves and / or discovered that court papers had been incorrectly served. Claims varied from sections’ 8 or 13 to fines. Defence is all we have (if you can afford it)…

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