Court cases rejected by the court and cases brought without notification

geoff mayers made this Freedom of Information request to British Waterways Board

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 partially successful.

Dear British Waterways Board,

I would like details of all cases brought by British Waterways, seeking an injunction against persons living on boats, that have been thrown out by the court. Please include the comments made by the court in rejecting the case.

Also, how many people have been taken to court for similar hearings and for claims relating to money, supposedly, owed who have not been informed of the hearing.

I know of several such cases.

Details from the last ten years will be sufficient.

Yours faithfully,

geoff mayers

Information Request,

Dear Mr Mayers,

Thank you for your e-mail which I received yesterday.

I am pleased to inform you that once we have confirmed the extent to which the regulations permit the release of the information which you have requested a response will be sent within a 20 working day timescale of receipt of your request on 21st May 2012.

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 |
This summer the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Information Request,

Dear Mr Mayers,

I am writing further to your request for information of 21st May and my acknowledgement of 22 May 2012. You have asked for the following information for the last 10 years:

1) details of all cases brought by British Waterways, seeking an injunction against persons living on boats, that have been thrown out by the court. Please include the comments made by the court in rejecting the case.

2) how many people have been taken to court for similar hearings and for claims relating to money, supposedly, owed who have not been informed of the hearing.

We have considered your request and I can confirm that we are not aware of any such cases being thrown out by the court or where a person/boater has not been informed of the hearing.

Furthermore, the totality of all the information that comes within the subject area of your request is so very great that the cost of locating, retrieving and extracting all such information will far exceed the appropriate limit provided for under the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. Where the cost of compliance exceeds the appropriate limit (£450) BW is relieved of its obligation to comply with the request (s.12(1) Freedom of Information Act 2000). To avoid that, greater specificity is required and we should therefore be grateful if you would let us know which cases you are referring to and for what period. Please also bear in mind that some cases are resolved prior to hearing.

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 Kelly Radley Head of Customer Relations, 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 one of British Waterways’ directors.

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.

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 | This summer the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear Customer Services,

There have been several such cases. You, or your representatives Shoosmiths, will obviously have the information.
I repeat my request.
You have until 28th June before I request an internal review.

Yours sincerely,

geoff mayers

Information Request,

Dear Mr Mayers,

Thank you for your e-mail.

Please note that we are unable to provide you with this information because your request will far exceed the prescribed time limit under the Freedom of Information Act; a more detailed explanation is provided within my e-mail below of 13th June 2012.

In order for us to be able to respond to this request we have asked you to narrow the scope of your request. To help you we suggested that you let us know which cases you are referring to and for what period. We anticipate that this would be sufficient to enable us to source, locate and retrieve the details you have requested.

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 |
This summer the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear Customer Services,

I don't have the details of all the relevant cases. You do. Which is why I am making this request.

One case of non- notification of a court hearing was in the Bath County Court in the latter half of 2011.

I will simplify my request.

Of the cases against people who live on boats, seeking an injunction, since March 2007 (when the 'enforcement' programme was stepped up) how many cases were found:-

(a) In favour of BW.

(b) Against BW.

(c) Thrown out by the Court.

Also how many cases were brought without notifying the person concerned.

Yours sincerely

Geoff Mayers

P Smith left an annotation ()

BW have already provided a list of current court actions against boaters in response to this FOI request, which suggests they do have the information.

http://www.whatdotheyknow.com/request/cu...

BW have also previously provided information about court decisions via FOI. In that instance the requester asked for the date of the case, the court name, the name of the judge, the name of the person BW took action against and the outcome.

Dear Customer Services

Could I have a response to my, modified, request please.

Yours sincerely,

geoff mayers

Dear British Waterways Board,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of British Waterways Board's handling of my FOI request 'Court cases rejected by the court and cases brought without notification'.

Submitted as you are not responding to my, modified, request for information that you are, clearly, in possession of.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/co...

Yours faithfully,

geoff mayers

Information Request,

Dear Mr Mayers,

Thank you for your e-mails of 19th June and 2nd July.

In your e-mail of 19th June (attached) you rephrased your request to the following:

"Of the cases against people who live on boats, seeking an injunction, since March 2007 (when the 'enforcement' programme was stepped up) how many cases were found:-
(a) In favour of BW.
(b) Against BW.
(c) Thrown out by the Court.
Also how many cases were brought without notifying the person concerned."

This request is not significantly different from your first request with the exception of the timescale. We have again considered your request and believe that the totality of all the information that comes within the subject area of your request is still so very great that the cost of locating, retrieving and extracting all such information will far exceed the appropriate limit provided for under the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. Where the cost of compliance exceeds the appropriate limit (£450) BW is relieved of its obligation to comply with the request (s.12(1) Freedom of Information Act 2000).

However, you have provided some more specific information about the following:

"One case of non- notification of a court hearing was in the Bath County Court in the latter half of 2011."

We recall that there may have been an issue with a case because the court changed the location which resulted in the notification of the hearing date being served late. However, the case we think it relates to was dealt with by way of a two day trial.

Yours sincerely,

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,
My request is reasonable and simple. Just provide a list of all cases, court locations and court numbers stating whether found in favour of BW, against BW or thrown out by the court.

It won't cost £450 which, in any case, pales into insignificance against the tens of thousands of pounds spent by BW taking me to court.

Either provide the information or proceed with my request for an internal review.

Acknowledgement please.

Yours sincerely,

geoff mayers

Information Request,

Dear Mr Mayers,

Thank you for your e-mail today and request for an internal review to be conducted.

A review of your case will be undertaken by a director or manager in a senior role and a response will be sent within 40 working days, although we will do our best to respond sooner.

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 Canal and Rivers Trust/ British Waterways

How are we getting on with my request?

Yours sincerely,

geoff mayers

Dear BW/CART,

Last chance before I make a complaint to the Information Commissioner.

Please respond.

Yours faithfully,

geoff mayers

Dear BW/CART

You are so appallingly ignorant, and arrogant, it would be almost beyond belief had I not had ample experience of your behaviour and attitude from previous contact and complaints.
I will pass this on to the Information Commissioner, an office you clearly hold in contempt, which will give you the further delay you require. Your behaviour in refusing to even respond to correspondence is, however, a clear indication of the corrupt and contemptible organisation that you are.
You were a disgrace as a Public Authority and are an, even greater, disgrace as a Public Body and 'Charity'.

'Charity' truly has replaced 'patriotism' as the last refuge of the scoundrel.

geoff mayers

Dear BW/CART

You are so appallingly ignorant, and arrogant, it would be almost beyond belief had I not had ample experience of your behaviour and attitude from previous contact and complaints.
I will pass this on to the Information Commissioner, an office you clearly hold in contempt, which will give you the further delay you require. Your behaviour in refusing to even respond to correspondence is, however, a clear indication of the corrupt and contemptible organisation that you are.
You were a disgrace as a Public Authority and are an, even greater, disgrace as a Public Body and 'Charity'.

'Charity' truly has replaced 'patriotism' as the last refuge of the scoundrel.

geoff mayers

geoff mayers left an annotation ()

Have sent details of unanswered request to Information Commissioners and some other parties.

Kelly Radley,

2 Attachments

Dear My Mayers,

Please see the attached letter in response to your request for an internal
review.

Yours sincerely

 

Kelly Radley

Internal Communications & Customer Services Manager

Direct line: 01908 351858 (internal DDI: 1058)

[mobile number]

 

Please visit our [1]website to find out more about the Canal & River Trust
and download our ‘Shaping our Future document' on the [2]About Us page.

 

 

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The Canal & River Trust is a new charity entrusted with the care of 2,000
miles of waterways in England and Wales. Get involved, join us - Visit /
Donate / Volunteer at www.canalrivertrust.org.uk

Canal & River Trust is a charitable company limited by guarantee
registered in England & Wales with company number 7807276 and charity
number 1146792. Registered office address First Floor North, Station
House, 500 Elder Gate, Milton Keynes MK9 1BB.

Elusen newydd yw Glandŵr Cymru sy’n gofalu am 2,000 o filltiroedd o
ddyfrffyrdd yng Nghymru a Lloegr. Cymerwch ran, ymunwch â ni - Ewch i
Rhoddion a Gwirfoddoli yn www.glandwrcymru.org.uk

Mae Glandŵr Cymru yn gwmni cyfyngedig drwy warant a gofrestrwyd yng
Nghymru a Lloegr gyda rhif cwmni 7807276 a rhif elusen gofrestredig
1146792. Swyddfa gofrestredig: First Floor North, Station House, 500 Elder
Gate, Milton Keynes MK9 1BB.

References

Visible links
1. http://canalrivertrust.org.uk/
2. http://canalrivertrust.org.uk/media/libr...

Nigel Moore left an annotation ()

It would be nice to know what the abbreviations mean – I can guess CC means ‘Continuous Cruiser’ case, but what is ‘LA’? My guess is ‘Lawful Authority’, i.e. [despite disavowels from my own FoI’s] Section 8’d boats without a boat licence.

Note that their characterisation of my own current case is false; the Rolls Court hearing was not a ‘Land Dispute’ [that BW & I had had back in a 2008 RCJ hearing], rather it was a ‘Section 8’ case, so should have [if my guess as to the acronym is correct] been classified in their list as ‘LA’.

In that case it was found that BW were NOT entitled to S8 me for the reasons they had given [i.e. boats unlicensed], but the judge nonetheless found them to be entitled to do so for the reason that I could not [to his satisfaction] establish a positive right to moor to my own land even though transgressing no relevant regulation.

It is against those findings that the recorded appeal is proceeding. When so fundamental a detail is misrepresented in this list, the question arises as to how many more such inaccuracies there might be.

An interesting list of cases, however, with at least one obvious miscarriage of justice amongst them. How BW/ CART must bless the existence of County Court judges with less experience of waterways law than their barristers!

Mark Naylor left an annotation ()

I think LA refers to "liveaboard" they certainly use that abbreviation in their enforcement notices