Allan Richards

Dear British Waterways Board,

I refer to the Bristol County Court judgement in the case of British Waterways vs Paul Davies.

Please provide a copy of that judgement.

Also provide a copy of your terms and conditions of licencing showing where they have been changed as a result of that judgement.

Yours faithfully,

Allan Richards

Allan Richards

Dear British Waterways Board,

In view of the public interest in this case, may I ask you to respond via whatdotheyknow.com.

Yours faithfully,

Allan Richards

Information Request,

Dear Mr Richards,

Thank you for your e-mail sent today.

I understand that you have made a request for the following information under the Freedom of Information Act 2000:

A copy of the Court Judgement made in the case of British Waterways vs Paul Davies. You would also like to have a copy of our Licensing Terms and Conditions showing where they have been changed as a result of the judgement.

We will review the information that we hold relating to your request and a response will be sent as soon as possible but in any case within 20 working days of the receipt of your request on 1st April 2011.

Yours Sincerely,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 
Crick Boat Show is taking place from 28-30 May, with free boat trips, craft stalls, real ale, gourmet food and an extra special guest – Peppa Pig there’s plenty for everyone. For tickets and more information please visit www.crickboatshow.com

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Information Request,

Dear Mr Richards,

I am writing further to your request for information made on 1st April and my acknowledgement sent the same day.

I understand the Bristol County Court Judgment in the case of British Waterways v Paul Davies was handed down by His Honour Deputy Judge O’Malley on 31 March 2011. We do not hold a copy of the Approved Judgment but I will send you a copy of the Judgment once we receive it from the Court.

I have not enclosed a copy of our licence terms and conditions because these will not be changed as a result of the Judgment. However, I understand that our Mooring Guidance will be refined in light of this Judgment and I think this may be the document that you are referring to. A recent press release states:

'… We very much welcome continuous cruising on our canals and rivers and are, as a result of the Learned Judge’s findings, refining our Mooring Guidance. The refined Guidance which is based on professional legal advice, including from Leading Counsel, will be published on our website and we will shortly be inviting representatives of national boating user groups to discuss these.'

Although the refined Mooring Guidance will soon be available on our Website, I will also send you a copy of the revised version once it has been approved by our Legal Department.

If we haven’t reasonably met your expectations in relation to a request for information or you believe we may not have acted in accordance with the above legislation you should write in the first instance to the Head of Customer Services, 64 Clarendon Road, Watford, Herts WD17 1DA outlining your concerns and asking for a review to be undertaken. Your correspondence will be acknowledged and a review of your case will be undertaken by a director.

Should you remain unsatisfied by the response you receive you are able to contact the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF www.ico.gov.uk/Global/contact_us.aspx

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 
Crick Boat Show is taking place from 28-30 May, with free boat trips, craft stalls, real ale, gourmet food and an extra special guest – Peppa Pig there’s plenty for everyone. For tickets and more information please visit www.crickboatshow.com

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Allan Richards

Dear Ms Young,

The document I am requesting is dated 13th April and should have been in BW's possession for about two weeks now.

Certainly, the defendant has a copy of this judgement so why not the claimant?

Please carry out a review to determine if I am being deliberately misled.

Yours sincerely,

Allan Richards

Information Request,

3 Attachments

Dear Mr Richards,

Thank you for your e-mail of 4th May.

I now attach for you the following documents:

1. Sealed Judgment dated 30 November 2010 which we received today;
2. Judgment and Court Order dated 13 April; and
3. The revised Mooring Guidance for Continuous Cruising.

For your information copies of these documents will be available on our Website shortly.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 
Crick Boat Show is taking place from 28-30 May, with free boat trips, craft stalls, real ale, gourmet food and an extra special guest – Peppa Pig there’s plenty for everyone. For tickets and more information please visit www.crickboatshow.com

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Paul Davies left an annotation ()

You will note from the judgement that a continuous journey is not required, and that distance is defined by intent. That means that all boats with a canal and river license must navigate with the intention of not remaining in one place, and that means that 90% of boats with home moorings are acting unlawfully and with the blessing of brutish waterways. For BW, the trial was a farce. Paul Davies

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