14

Your place or mine?

There are a lot of things on which I hold an opinion! Some I know more about than others. Some I know nowt about but have an opinion anyway! As any woman can tell you its a “man thing!

One thing I do know is when someone is making legal claims that the case law does not support. I am a Litigation Solicitor and I carry out advocacy in the courts too. I have 10 years experience of doing it under my belt. I can smell shaky case a mile off.

In this weeks “Living on a Narrowboat” newsletter Paul addressed the matter of Continuous Cruising and then mentioned CARTS opinion of what the law says about it which is based on “THE CASE” (BW v Davies 2011)…that they pull out like a six shooter in the old west and then wave at us all like Krushev and a Cuban missile. In fact it is equally useless.

CART use it like it was a High Court Decision. But it is not. It is a County Court Decision that is binding ONLY on the cases in hand and (theoretically at least) on those cases dealt with by DJ’s in that court. Even the Judge himself stated that

” It is obvious that a boat owner who follows the Boards guidance will be able to satisfy them that his use of the boat is “bona fide for navigation”. I think it right to say however that my decision is not to be taken as fully endorsing the boards guidance. It is possible to envisage use of a vessel which fell short of the Boards concept of continuous cruising but which still qualifies the vessel for a license ..”

It was also clear that Mr Davies had not impressed the court by not paying mooring fees etc and had generally taken the mick with BW!

However, as a lawyer I still think it was wrongly decided. Also that the interpretation give to the statute was wrong. His Defence lawyer was correct.

The statute is clear that you must move from “Place to place”. Where there is no particular meaning given to a word in a statute (and here there is none) then the ordinary “plain” meaning applies.

Watford is a place, Rickmansworth is a place. Geographically their boundaries touch. In terms of the canal they are three locks and 4 “pounds” apart. They are in fact a 5 minute car ride, a 20 min cycle ride or a 40 minute walk. Now Harefield is two miles beyond Rickmansworth possibly 3 locks etc. Yet from Watford to Harefield is a half days journey by boat unless you speed!

But all are “places” and you pass through other “places”, cross Parish, borough, and county boundaries in between.

So which “place” is a “place” that counts as a “place” for the purposes of the regulations? Depends on which CART bod you speak to.

One cc’er was told they had not moved far enough from their last mooring and was directed to go…another 100 yards below a lock in the same political, county and geographical area as where they stopped!

So, by all means follow the CART guidance just be aware that it IS only guidance and do not let them push you around!

Not that I mean to be argumentative. I am sure there are many good “roving enforcement officers” just as there are honest politicians…you just have to dig DEEP to find them. CART is like any other statutory body it has limits on its powers. Also like other bodies it likes to try and add to them and if not challenged will get away with it.

The old BW was often slack in policing the regs. There are a lot of of BW staff in CART with axes to grind and grudges held. Also CART has a big lot of assets to be sold off. Not always to the highest bidder and it has its own vision for the system. One in which cc’ers are seen, at best, as a bit of a nuisance.

So take your place in the fight for a place and do not let them place you in an invidious place.

 

 

 

 

 

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stlyon
 

Solicitor by profession. Grumpy old Bugger by experience. Ex-HM Forces, Ex-Firefighter, Ex-perienced in life! Am within a gnats whisker of achieving my dream of living on the cut! Sometimes it seems the Gnat has thicker whiskers than Duck Dynasty!

GM - Sunday,22 June, 2014

Stylon,

Are you willing to advise any CCer who is being pressured?

 

pearley - Monday,23 June, 2014

GM said
Stylon,

Are you willing to advise any CCer who is being pressured?

What do you call pressured?

 

GM - Monday,23 June, 2014

pearley said

GM said
Stylon,

Are you willing to advise any CCer who is being pressured?

What do you call pressured?

mmmm A nice question from a legal mind.

 

Someone who feels they are unreasonably being pushed to move and possibly threated with the weight of the law. :)

 

pearley - Monday,23 June, 2014

Must be different in the Midlands and North. Whilst we did once get a letter accusing us of overstaying, to which I told them to check their facts, we’ve never been pressured in any way. 

You come up here and we’ll go down there and see what happens, that’s if you are still South?

 

GM - Tuesday,24 June, 2014

pearley said
Must be different in the Midlands and North. Whilst we did once get a letter accusing us of overstaying, to which I told them to check their facts, we’ve never been pressured in any way. 

You come up here and we’ll go down there and see what happens, that’s if you are still South?

From what I have seen that it starts around MK and increases the further south you go. Have no knowledge of the north most of my CCer friends are in what I suspect you would call the south. :)

Mind you could a letter be called the start of pressure?

 

pearley - Tuesday,24 June, 2014

I never read it as that. Just thought it was some pillock who took our number twice but couldn’t be bothered to check the records to see where we had been in between times. I wrote back in forthright terms had never heard another word.

Once we come out of the drydock we are heading down to Oxford and the K & A so we’ll see what happens down there.

 

GM - Tuesday,24 June, 2014

pearley said

I never read it as that. Just thought it was some pillock who took our number twice but couldn’t be bothered to check the records to see where we had been in between times. I wrote back in forthright terms had never heard another word.

Once we come out of the drydock we are heading down to Oxford and the K & A so we’ll see what happens down there.

I hear the K&A is apparently quite strict but I read something about a new scheme for Ccers.

Where are you at the moment?

 

tramman - Tuesday,24 June, 2014

had a visit form two pretty girls &the elf from safety you know the one with sand in his Vaseline they came to check my forms for the shady lady so showed them all the paper work i have they went though it &they can not find any builder or reg.no ether  so ask me if i had her in the water told them i had done some trials on the cut but kept well clear of other boats as she only has a temp insurance till i get her legal they told me not to do to much &i should get the paper work back in 10 days yippee. tramman

 

pearley - Tuesday,24 June, 2014

GM said

pearley said

I never read it as that. Just thought it was some pillock who took our number twice but couldn’t be bothered to check the records to see where we had been in between times. I wrote back in forthright terms had never heard another word.

Once we come out of the drydock we are heading down to Oxford and the K & A so we’ll see what happens down there.

I hear the K&A is apparently quite strict but I read something about a new scheme for Ccers.

Where are you at the moment?

Hockley Port drydock in Birmingham. Just a stones throw from Winson Green prison, CRT ultimate sanction!

 

GM - Tuesday,24 June, 2014

pearley said

GM said

pearley said

I never read it as that. Just thought it was some pillock who took our number twice but couldn’t be bothered to check the records to see where we had been in between times. I wrote back in forthright terms had never heard another word.

Once we come out of the drydock we are heading down to Oxford and the K & A so we’ll see what happens down there.

I hear the K&A is apparently quite strict but I read something about a new scheme for Ccers.

Where are you at the moment?

Hockley Port drydock in Birmingham. Just a stones throw from Winson Green prison, CRT ultimate sanction!

pearley said

GM said

pearley said

I never read it as that. Just thought it was some pillock who took our number twice but couldn’t be bothered to check the records to see where we had been in between times. I wrote back in forthright terms had never heard another word.

Once we come out of the drydock we are heading down to Oxford and the K & A so we’ll see what happens down there.

I hear the K&A is apparently quite strict but I read something about a new scheme for Ccers.

Where are you at the moment?

Hockley Port drydock in Birmingham. Just a stones throw from Winson Green prison, CRT ultimate sanction!

So my guess if you are going down the Oxford you will come past Calcutt. Don’t know if I will be there but give me a shout and we’ll see if a met is possible. Would be nice to put a voice and face to the name. :-)

 

pearley - Tuesday,24 June, 2014

Will definitely be calling at Calcutt to say hello to Paul.

 

Paul Smith - Tuesday,24 June, 2014

pearley said
Will definitely be calling at Calcutt to say hello to Paul.

Make sure you do it soon. If I carry on hauling heavy pieces of machinery around in this heat, I think I’ll melt!

 

Alan - Wednesday,25 June, 2014

Paul Smith said

pearley said
Will definitely be calling at Calcutt to say hello to Paul.

Make sure you do it soon. If I carry on hauling heavy pieces of machinery around in this heat, I think I’ll melt!

Don’t let him kid you – he spends most of his time riding around pretending to cut the grass Wink

 

stlyon - Sunday,13 July, 2014

GM said
Stylon,

Are you willing to advise any CCer who is being pressured?

GM happy to try and assist. Biggest problem is that I am not in Private practice any more. I work in house so there are strict limits on what I can do.

The most pressure applied is certainly on the southern end. Not surprising as we are near London.

The point with CART is that they fail to understand the feelings of community that exist. There are various different sites along the Watford Harefield stretch I am most familiar with where boats congregate. In addition to CARTS expensive and hard to buy moorings. Each has a different feel and a changing make up as boaters move about. There are those who take the mick a bit but most just want to get on with their lives.  The point CART do not seem to get is that these communities breath life into the cut. It may not always be “life as we know it Jim” but it stops it being sterile.

 

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