Posts Tagged ‘enforcement team’
Wednesday, September 14th, 2011
The Data Protection Act entitles individuals to see all the information that an organisation holds on them. This applies to all organisations, not just public sector bodies. To get this information, you need to write to the organisation and say you are making a Subject Access Request under the Data Protection Act for all the information the organisation holds on you. You will need to tell them your name, address and any other information that will prove who you are and help them locate the information, such as a customer number or boat name and registration number.
Read more…
Tags: complaints process, continuous cruising, Data Protection Act, enforcement team
Posted in BW Policy News and FOI Act Requests, Resources, The Law | No Comments »
Friday, July 22nd, 2011
User groups met BW’s Legal Director Nigel Johnson on 23 June to discuss changes to the Mooring Guidance for Continuous Cruisers following the BW v Paul Davies judgement. NABO, RBOA and the National Bargee Travellers Association (NBTA) were present, as were user groups like the IWA and British Marine Federation that favour BW’s attitude to continuous cruisers. BW Head of Enforcement Denise Yelland and Head of Boating Sally Ash were also present.
Read more…
Tags: bona fide navigation, continuous cruising, enforcement team, Nigel Johnson, Paul Davies, Sally Ash, Section 17
Posted in A-Featured Articles, BW Policy News and FOI Act Requests, Continuous Cruisers, News, The Law | 4 Comments »
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.
Read more…
Tags: British Waterways, continuous cruising, enforcement team, liveaboards, Section 17, Waterways Act 1995
Posted in Continuous Cruisers, Stories, The Law | 7 Comments »
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.
Read more…
Tags: continuous cruising, enforcement team, FOI requests, patrol notices, Section 17, Waterways Act 1995
Posted in BW Policy News and FOI Act Requests, Continuous Cruisers, The Law | 4 Comments »
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
Tags: enforcement team, liveaboards, traveller's rights
Posted in A-Featured Articles, News, Stories, The Law | 3 Comments »
Wednesday, November 3rd, 2010
Following a Freedom of Information request we have obtained the deployment plan written by BW giving details of how the Canal Monitoring and Enforcement Officer post proposed to BANES by Councillor Ian Dewey of Bathampton would work. Written in March, this document shows that BANES was planning to patrol the canal 5 days a week between Bathampton and Bradford on Avon, and assumed it would gain Wiltshire’s support for patrolling the area within its boundary. However, Ken Oliver, Wiltshire Council’s Canal Officer stated at a meeting of the local mooring strategy steering group on 26 August that Wiltshire was not prepared to participate in this scheme.
Read more…
Tags: BANES Council, Bathampton, continuous cruising, enforcement team, liveaboards
Posted in BW Policy News and FOI Act Requests, Continuous Cruisers | No Comments »
Tuesday, August 17th, 2010
From correspondence below, obtained via Freedom of Information from Bath and NE Somerset Council, it looks like BW and BANES are paying jointly for an extra boat checker. This appears to be instigated partly by Councillor Ian Dewey of Bathampton, who has been a key mover in efforts to move liveaboard boaters off the canal.
The “concerns” expressed take no account of the fact that the Mooring Guidance for Continuous Cruisers is not a legal requirement and clearly states that it does not have the force of law. Unlike the 14-day rule in Section 17 of the British Waterways Act, BW does not have the legal power to enforce it. In one of the emails, David Lawrence, BANES Deputy Director for Heritage Services, says he does not think there is a problem. It is not clear whether this extra staff appointment is going ahead permanently, as the original contract seems to have been for this summer. However, we do wonder whether this is a good use of a cash-strapped Local Authority’s money, as responsibility for enforcement on the canal lies with BW.
The information in these emails seems to imply that BW is bypassing whatever the local mooring strategy would decide – this has gone ahead before the local mooring strategy inquiry panel has even started meeting.
The emails are here. Banes enforcement 1 Banes enforcement 2 Banes enforcement 3 Banes enforcement 4 Banes enforcement 5 Banes enforcement 6 Banes enforcement 7 Banes enforcement 8
Tags: BANES Council, continuous cruiser, Damian Kemp, enforcement team, FOI request, Section 17, Waterways Act 1995
Posted in BW Policy News and FOI Act Requests, Continuous Cruisers, News | No Comments »
Tuesday, August 17th, 2010
No, not ‘Five Go Mad In Dorset’, but we have received the following communication…
It’s official: Bath Narrow Boats in collusion with BWB!
BWB seized Indian Pete’s lovely boat Ayuppa. He was taking it to the river to be removed on the river slipway as BWB had requested. He left it overnight before the Deep Lock. Next morning it had gone. There was no notification from BWB what had had happened. He found it moored in Bath Narrow Boats. When he asked for it back an employee (who claimed to own the company) said that BWB had seized the boat. The employee threatened to ‘punch his lights out and call the police if he didn’t leave the premises’.
Later that night Indian Pete recovered his boat without touching Narrow Boats property in any way. Again there was no notification on the boat from BWB.
On Monday 16 Aug a community patrol officer was snooping around Ayuppa and later a BWB canoeist was spotted followed by BWB patrol officers taking numbers. So now they’ve stolen it back.
Pete has now informed a solicitor so watch this space and…….
Naughty Bath Narrow Boats! We don’t need them but they need us!
Tags: enforcement team, liveaboards, patrol notices
Posted in News, Stories | 10 Comments »
Sunday, July 18th, 2010
Following the severe dent put in Whimbrel by the drunken crew of the boat Warneford, owned by RNAS Yeovilton but managed by a hire boat company, on a weekend that featured many late night booze cruises by overloaded boats of drunk and frequently abusive young men we thought we would help.
So if you experience any anti-social bahaviour or collision from a hire boat out of office hours, please ring Steve Lewis, local enforcement officer on 07771 943152 at any time of day of night.
As enforcement officer it is, of course, Steve’s job to police such behaviour and we are certain he will welcome your call.
It goes without saying that all such incidents should be reported both to the hire boat company and British Waterways as soon as possible and a claim submitted for any damage involved.
We’ll keep you posted on the progress of the good ship Whimbrel’s claim for repair of what is substantial damage to the hull and immediate interior.
Tags: booze cruise, drunk in charge, enforcement, enforcement team, hire boat companies
Posted in News | 1 Comment »
Thursday, July 15th, 2010
The local mooring strategy will be discussed at the Wiltshire Council Bradford on Avon Area Board on 21st July at Westwood Social Club, Leslie Rise, Lower Westwood. Please attend if you can. The venue is open from 6.30pm and the meeting starts at 7pm. The minutes and other information from the Bradford on Avon Area Board can be found at
http://cms.wiltshire.gov.uk/ieListDocuments.aspx?CId=220&MId=799&Ver=4
See also http://www.wiltshire.gov.uk/communityandliving/areaboards.htm for information about all the Area Boards.
Tags: Bradford-on-Avon, enforcement team, mooring policy, Moorings Consultation, Wiltshire County Council
Posted in Continuous Cruisers, Moorings Consultation, News | No Comments »