All information relating to an invented mooring application at Lock Cottage Seend Top Lock

David Hawkins made this Freedom of Information request to Canal & River Trust

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Canal & River Trust.

Dear Canal & River Trust,
I wish to see all the documents relevant to an invented mooring application made on my behalf but undertaken without my knowledge. An e-mail from Mr Young dated 13 August 2009 relates to this application, I have no information on this application other than a refusal from Mooring manager.
I would like to add a supplementary to this request, in that BW have written into their mooring regulations a number of provisos and exceptions, I expect all of these invented application documents to provide for any and all exceptions showing that this purely academic and invented application undertaken in secret by BW fully considered all and every facet of the mooring rules in place at the time.
You have 15 working days to provide the full package. I don't require any new documents to be created.

Yours faithfully,

David Hawkins

Information Request, Canal & River Trust

Dear Mr Hawkins,
We do not understand what you mean by 'invented mooring application'. If you are able to articulately express what information it is that you believe we hold and submit a clear request for information we will review our files accordingly.

Yours sincerely

Kelly Radley
Internal Communications & Customer Services Manager
Direct line: 01908 351858 (internal DDI: 1058)
[mobile number]

Please visit our website to find out more about the Canal & River Trust and download our ‘Shaping our Future document' on the About Us page.

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Dear Information Request,
MY REQUEST FOR INFORMATION IS BASED ON AN E-MAIL FROM MR YOUNG DATED 13 AUGUST 2009. IN THIS E-MAIL HE STATES THAT A MOORING APPLICATION WAS PRESUMED TO HAVE BEEN MADE BY MYSELF ABOUT A MOORING AT MY COTTAGE I NEVER MADE SUCH AN APPLICATION IS THAT CLEAR ENOUGH!
I received a message from mooring manager some months before telling me that my application was refused, which seemed at the time strange as I had never made an application, I reported this to Ombudsman and they said the refusal was correct from their point of maladministration. I continued to complain that I never ever made an application which was confirmed by Mr Young well after Ombudsman report. I can tell you nothing more as it was an invented application which I have no knowledge of other than Mr Young's confirming e-mail and |I want the full information on this phantom application please.

Yours sincerely,

David Hawkins

Dear Information Request,
I have sent you copy of Mr Young's e-mail that confirms I never made an application and BW presumed to undertake an application on my behalf without informing me. I know nothing else other than I never ever made a mooring application but did receive a refusal for a mooring.. so somewhere somebody must have made a phantom application.
Mr Young's e-mail dated 13 August 2009.

Yours sincerely,

David Hawkins

Dear Information Request,
Mr Radley I received your e-mail message that;
{There is no reference in Mr Young’s e-mail about someone making an application for an end of garden mooring on your behalf.

As Mr Young says in his e-mail of August 2009, the matter of this end of garden mooring is now closed and we will not be entering into any further correspondence on the subject}
I copy statement from Mr Young;
{British Waterways addressed the issue of you illegally mooring at Lock Cottage on the pretext that the only way you could moor at that location would be to submit an end of garden application} The interpretation of BW addressing the issue was to undertake a mooring assessment, for which I received a refusal I have not seen this invented application and my FoI is exactly that to have the documented application undertaken by BW . I can only repeat myself that I never ever made an application for a mooring, therefore any refusal must have been initiated by an application by a BW employee most probably mooring manager.
Please find and send copy of this .

Yours sincerely,

David Hawkins

Information Request, Canal & River Trust

5 Attachments

Mr Hawkins,

You have already receive our response to this point on numerous occasions; two such copies are attached. I do not understand how we can be any clearer. No 'invented' mooring application documentation exists.

Kind regards

Sarina Young
Customer Service Co-Ordinator
Canal & River Trust | The Kiln | Mather Road | Newark | NG24 1FB | Tel 01636 675 740 | [mobile number]
Follow the Canal & River Trust’s Customer Service team on Twitter http://twitter.com/CRTContactUs
Please visit our website to find out more about the Canal & River Trust and download our ‘Shaping our Future’ document on the About Us page.

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Dear Information Request,
Thank you for your kind attached copies of e-mails, I too have such copies however if you read the first one you will see a short paragraph that refers to my request,
{ Nevertheless, your situation was considered by the business unit under the same criteria as they would have if an End of Garden application had been submitted by you}
The statement says quite clearly that a phantom application was considered by the business unit under the same criteria as they would if an end of garden application had been submitted! I hope you follow this, and I want copies of that consideration... someone must have made some notes. I did make an application for another mooring site as in same criteria and copies of deeds were required and maps and things! I want that consideration document for Lock Cottage.
Please!

Yours sincerely,

David Hawkins

Information Request, Canal & River Trust

Mr Hawkins,

As I have already confirmed no 'invented' mooring application documentation exists.

The statement { Nevertheless, your situation was considered by the business unit under the same criteria as they would have if an End of Garden application had been submitted by you} does not say that a phantom application was made.

The refusal of your request for a mooring centred on the fact that it is in contravention of both the Conservation Plan for the Kennet & Avon Canal and the Online Moorings Policy, it was not necessary for anyone to complete any 'invented' mooring application documentation in order for us to recognise this.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
Canal & River Trust | The Kiln | Mather Road | Newark | NG24 1FB | Tel 01636 675 740 | [mobile number]
Follow the Canal & River Trust’s Customer Service team on Twitter http://twitter.com/CRTContactUs
Please visit our website to find out more about the Canal & River Trust and download our ‘Shaping our Future’ document on the About Us page.

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Dear Information Request,
Thank you for your message, so lets take this step by step.
(1) For someone at BW to refuse something like a mooring at Lock Cottage they must have followed some technical path both to locate property and understand what BW presumed was being asked for a mooring.
(2) someone must have made notes to make this refusal.
I want all documents including e-mail communications letters and notes made by Mooring manager.
The facts are that Mooring manager stated in his refusal that land presumed to be required for mooring were owned by farmer. I want his search notes on his path of searching land deeds.
The mooring manager stated that distances of mooring site were too close. I want his notes on this and why did he neglect to consider documented BW rules that all distances are subject to individual negotiation, something he would have been very much aware.
The mooring manager who made this refusal as you say would have been aware that to consider a residential End of Garden Mooring there are indeed rules that cover this no less that the conservation rules you state and the published Online Mooring Policy. BUT there are exceptions which as a senior manager of BW and working with customers he would be aware of corporate trading standards and good governance I want to see his notes on these exceptions and how they were considered in his deliberations.

Yours sincerely,

David Hawkins

Dear Information Request,
I note that your statement in support of invented application states that it was in contravention of mooring rules. We are on a public forum and You answer as customer services co-ordinator, a position that surely
operates under the Trading Standards being wholely truthful! In my version of the Online Offline mooring policy there are exceptions to your statements therefore other policies are possibly of higher importance, future sustainability for instance.

POLICY RELATING TO OFFLINE AND ONLINE LONG TERM MOORINGS

(iii) Moorings for the following types of boats will be permitted along the towpath or on the offside, providing that they bring significant clearly defined benefits to the location, and that there are no operational or environmental constraints as per
para 3.3 (d):
· Commercial boats and boats providing services for tourists and day visitors.
If only BW rules were so simple but do not prejudice your statements with untrue or half true facts.
I want to see all the documents on this refusal which in your last paragraph states incorrectly I made. Lets be clear I made no such application none never so someone must have been the recognising person to have made a refusal! who and what documents? I want to see them.

Yours sincerely,

David Hawkins

Dear Information Request,
I have not received a full reply to my request and by law you are deemed to have failed a lawful request.
The excuse you gave for a totally invented application confirmed by business manager that I never made an application so somebody must have done it on my behalf, therefore it was invented by BW.
The point I want information on is who made this request and on what rules he or she followed? by the very nature of a Residential End of Garden Mooring refusal it must follow the published corporate protocol and Lock Cottage is a business and therefore has no resident and BW published protocol allows for tourism boats and land deemed outside applicants use is in fact owned by BW presumed to be therefore open to public access..
I reserve the right to open an official complaint and report the infringement of now being outside the required lawful time limit.

Yours sincerely,

David Hawkins

Information Request, Canal & River Trust

Mr Hawkins,

One of our responses to this request for information is contained within your correspondence below, it was sent on 5th September 2012. Explanations were also sent to you on 5th October 2009, 20th September 2011, 28th August 2012 and 4th September 2012.

As well as confirming our response to your request we have explained to you why no such documentation exists. Our position is unchanged and we have nothing further to add despite your suppositions below.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
Canal & River Trust | The Kiln | Mather Road | Newark | NG24 1FB | Tel 01636 675 740 | [mobile number]
Follow the Canal & River Trust’s Customer Service team on Twitter http://twitter.com/CRTContactUs
Please visit our website to find out more about the Canal & River Trust and download our ‘Shaping our Future’ document on the About Us page.

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