Request for full documentary evidence Enforcement Officers need before impounding a boat.
Dear Canal & River Trust,
I would like details setting out what confirming documents these officers need to impound someone's private property? The impounding of any boat would represent either someone's home either full time or leisure home certainly an investment running into £10,000s not to be undertaken lightly.. I noted Magistrates court obviously took that responsibility away putting it on the courts need to have correct documents all legal and ship shape any problems and courts responsibility... so when BW or CRT take this on themselves they must have similar requirements of legal documentation... what are these and are they to the same level as courts? If not why not? every magistrates court allows victim to have representation? is this allowed by CRT/BW
I have a problem with incorrect paperwork / documentary evidence to allow an impounding of my boat!! if refusal of mooring was based on an application reuisal then Enforcement Officers would have had a copy of that application form? as their first piece of filed material possibly that application form is available to be viewed? if not how could impounding procede and what paperwork was provided? and by whom? The Enforcement Officers preparing documents for impounding would I presume have it on file that all mitigating circumstances had been offered to consumer before ultimate impounding? in my case no mooring regulations had been suggested or offered with clear hindsight allowing my boat a permanent mooring, completely removing at a single stroke any need to impound? who would undertake these checks and how many mitigating circumstances are there such as health and injury.. family emergencies to name a few.
It would seem that Enforcement Officers were short on some specific documents and request is to find corporate guidelines and where they went wrong.
Yours faithfully,
David Hawkins
Dear Mr Hawkins,
Thank you for your email of 28/01/16 where you requested information about
the documentary evidence our Enforcement Officers require before
impounding a boat.
Please find attached both an overview of the Section 8 Boat Removal
procedure and documentary evidence required when impounding a vessel under
this section. For ease I have listed the documents we are disclosing
below:-
1. Overview of Section 8 Procedure
2. Patrol Notice
3. Section 8 Notice
4. Section 8 Process Check List
5. Section 8 British Waterways Act 1983
6. Unlicenced Letter 1
7. Unlicenced Letter 2
8. 7 day letter prior to removal
9. Torts Letter
10. Torts Notice
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of this email and should be sent
by email to [email address] or by post to
Information Officer, Legal Department, Canal & River Trust, First Floor
North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB. Please
remember to quote the reference number above in any future communications.
You are also able to contact the Information Commissioner by telephoning
0303 123 1113 although please note they would usually expect you to have
gone through our internal review procedure before contacting them.
Kind regards,
Frazer Halcrow
Information Officer Assistant
T 01908 351962
Follow @canalrivertrust from the Canal & River Trust on Twitter
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.
Canal & River Trust, First Floor North, Station House, 500 Elder Gate,
Milton Keynes, MK9 1BB
--------------------------------------------------------------------------
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 - Sign up for our
newsletter at www.canalrivertrust.org.uk/newsletter
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.
Dear Information Request,
Thank you for the documents however was unable to download Overview of Section 8
The basic supply of documents show what BW / CRT do after a section 8 is in place.. In this instance it is presumed a manager made the decision to apply a section 8 to my boat.. full boat safety certification was in place as was full boat insurance,, my platinum credit card details were in BW control reason for impounding would therefore be to remove her from an illegal mooring site....My request clarification is to see the check list which would be required to have my boat impounded? what paperwork would be needed by enforcement officers to act on? A magistrates court for example would require formal notification to take possession of a person's personal property and to have this property removed.... a section 8 allows options for total removal from canal to simple moving to a neutral space...what reasons were required to take my boat 80 miles away??
and I would presume there are check lists to require BW /CRT complied with the full legal implications similar to magistrates court.
My case revolves around mooring refusal not licence avoidance .
Yours sincerely,
David Hawkins
Dear Mr Hawkins,
Thank you for your response.
I have provided a PDF version of the Section 8 overview document so hopefully you'll be able to open it this time. This should clarify the documentary evidence that is required by enforcement officers when seizing a boat under Section 8.
In relation to why your boat was taken 80 miles away. The Canal & River Trust has answered this question before and the reasons as to why it was taken to the specific location at the time remain unchanged. If you wish to see copies of this correspondence please refer to your Freedom of Information request made on 13th August 2012. As such the Trust will not be drawn into any further discussions on this matter.
Kind regards,
Frazer Halcrow
Information Officer Assistant
T 01908 351962
Follow @canalrivertrust from the Canal & River Trust on Twitter
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.
Canal & River Trust, First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB
Dear Information Request,
Thank you for re-sending document, I do note however these documents do not in fact set out how a mooring manager can implement impounding from a refused mooring! I do note in documents a check is made for Historic boats but question the three other options available Charity, Feature and Tourism? I do not see whether there are any checks made confirming whether all consumer rights have been explained or given to the consumer/owner of impounded boat, comparing the magistrates court legal requirements for any custody of private property the waterways have fewer checks and balances ultimately denying the consumer protection from incorrect, flawed and dangerous mistakes. The sending of letters to boat owners who may not have permanent addresses is in itself flawed... I do not have confidence in my own case that the rebuilding of my cottage with doors, windows and roof missing all posted letters actually arrived despite my living at other end of same village clearly displaying alternative address but Section 8 notification sent to building site !! What help to others who live on waterways itself??
The answer to my original inquiry on removal to Sharpness or a more local and convenient location was not fully transparent and would need to see fuller information on this point. The point was made that decision was for safety reasons!! I have just won a damages award for neglect of my boat whilst in this safe keeping!! This award was made last year 2015 after the reply of 2012!! A full safety and risk assessment would be relevant as would a similar on local neutral mooring I would suggest this option is re-investigated! removal to a shipyard many miles away should not be an option!! I would suggest The Trust is drawn into this discussion or more may find options to claim damages, my boat was abandoned in Sharpness it was not cared for and a substantial claim was accepted I never made any request for more than purely repairs recognizing CRT is a charity I support.
Yours sincerely,
David Hawkins
Dear Mr Hawkins,
Thank you for your email of 28/01/16 which you went on to clarify later
that day and then further on 10/02/16 about whether it is corporate
procedure to not disclose our moorings regulations and exemptions.
I am writing to advise you that, following a search of our paper and
electronic records, I have established that there is no information held
by the Trust regarding any corporate procedure not to disclose moorings
regulations and exemptions. However, all information regarding our mooring
policies is available on our website at the following link
[1]https://canalrivertrust.org.uk/enjoy-the...
so has been freely available to you.
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of this email and should be sent
by email to [email address] or by post to
Information Officer, Legal Department, Canal & River Trust, First Floor
North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB. Please
remember to quote the reference number above in any future communications.
You are also able to contact the Information Commissioner by telephoning
0303 123 1113 although please note they would usually expect you to have
gone through our internal review procedure before contacting them.
Kind regards,
Frazer Halcrow
Information Officer Assistant
T 01908 351962
Follow @canalrivertrust from the Canal & River Trust on Twitter
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.
Canal & River Trust, First Floor North, Station House, 500 Elder Gate,
Milton Keynes, MK9 1BB
--------------------------------------------------------------------------
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 - Sign up for our
newsletter at www.canalrivertrust.org.uk/newsletter
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. https://canalrivertrust.org.uk/enjoy-the...
Dear Canal & River Trust,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Canal & River Trust's handling of my FOI request 'Request for full documentary evidence Enforcement Officers need before impounding a boat.'.
Sirs
Whilst you tell me that all information is available on line.. the time frame of my initial inquiry was back in 2006 when I specifically wrote to BW asking for mooring advice and with direct communication between myself and managers at BW there was presumed no reason for me to start another route of investigation! my statements of the time were specific and detailed.. the answers from BW were at the best confusing and with hindsight non-disclosure of relevant mooring regulations and misinformation, misdirection the main principle of information transfer to my query!! Even a recent e-mail from Ms Mercer business manager accepts The Mooring Manager hid direct access to exception to National policy which today 2016 is now in place for a tourism mooring!! Consumer Law states quite clearly that non-disclosure ,,, misdirection and misinformation is not allowed and should the consumer make any actions in relation to these abuses of law then the consumer is correct in taking action.
The Information requested in this FOI was about the internal information required to enact an impounding correct documents have been forwarded but all are after a section 8 has been formally made such as letters and Tort.. what I was asking for was the documentary evidence required before a section 8 becomes a formal document!! who signs and what are the actual forms and what corroborating documents are needed to take possession of a persons private property.....a letter here and a letter there does not give anyone the power to deprive a UK citizen of his private property and rather than keep it local sends my boat into another county where it suffers catastrophic damage.
You do not provide full details of documentation that BW and CRT use to make a section 8 and consumer laws have been abused prior to the section 8 being made.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...
Yours faithfully,
David Hawkins
Dear Mr Hawkins
I have now completed my internal review into your request for details of
documentation that Canal & River Trust uses in relation to exercise of its
powers under section 8 of the British Waterways Act 1983.
I can confirm that we have provided all of the documents relating to the
process we follow in relation to section 8 of the British Waterways Act
1983. These include documents which are relevant both prior to, and
during, exercise of our powers under section 8 of the British Waterways
Act 1983.
I hope this helps to clarify the information we have provided to you. If
you are dissatisfied with this internal review response then you can
contact the Information Commissioner by telephoning 0303 123 1113.
Yours sincerely
Julie Smith
Principal Solicitor
T 01908 351817 M 07748 704196
Please visit our [1]website to find out more about the Canal & River Trust
and download our “Shaping our Future document” on the About Us page.
Canal & River Trust, First Floor North, Station House, 500 Elder Gate,
Milton Keynes, MK9 1BB
--------------------------------------------------------------------------
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 - Sign up for our
newsletter at www.canalrivertrust.org.uk/newsletter
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/
Dear Julie Smith,
Hi
Thank you for your review however you do not explain that initial procedure [Boater to send CLO all docs to meet BW requirements] I sent in insurance, Boat safety and a platinum credit card payment, BW on the other hand withheld information on exceptions to mooring regulations.. you mentioned this was available on line... in 2007-9 I was in constant and direct e-mail communication with everyone from Chairman to enforcement officer why would I therefore start another line of investigation?? my e-mails in 2006 show quite clearly thatI approached BW specifically asking for advice and help each member of staff gave me differing reasons why I could not have a mooring... no-one mentioned the four written exceptions one of which today I have as a Tourism mooring.
Under section8 procedure it mentions [Survey & remove boat knowing thattitle never vests in BW] so BW have someone's property how do they gain entry? and under what legal authority do BW have to break and enter something they accept they do not own? A survey is presumably to ensure safe loading, and value why would entry into boat be required? visual inspection of exterior will give integrity of hull and also weight for value of scrap steel!
Under removal of craft there is no mention of moving craft to a neutral part of canal! why has this been omitted?
Please give information why mooring regulations were witheld.
I have an e-mail from Ms Mercer stating the reason why these four exceptions were withheld was to stop consumers abusing their use!
Also information on removing boat to neutral part of canal.
Why is BW breaking and entering my boat?
Yours Aye
David Hawkins
Yours sincerely,
David Hawkins
Dear Mr Hawkins
If you are dissatisfied with the handling of your information request following our internal review then the next step is to contact the Information Commissioners Office by telephoning 0303 123 1113.
If, however, your complaint relates to the handling of your specific case then you will need to complain via the Trust's complaints procedure details of which are available at the following link https://canalrivertrust.org.uk/contact-u...
Yours sincerely
Julie Smith
Principal Solicitor
T 01908 351817 M 07748 704196
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.
Canal & River Trust, First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now