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Discussion Topic: Boats usage from 5/11/20 ?
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REDKEN |
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Fens Fatale
Posts: 35
Joined: Nov 2019
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Can you give us a clue Karen, my boat is in a large marina but I have not heard anything yet. I'm on the Northern rivers.
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Paladine |
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Mudplug Juggler
Posts: 8563
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May I suggest that anyone concerned that they might be prevented from accessing their boat by their marina owner contacts their own marina, rather than relying on what may or may not be reliable information on here.
Meanwhile, the Broads Authority has rather jumped the gun on giving out their advice. All we have at the moment is guidance from HMG, which the BA should know by now, is not enforcable. Whatever the law might be, come the Commons vote on Thursday, it might be rather different. It's that enforceable law that I will be taking note of, not a non-elected quango's interpretation of it.
"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)
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Karen&Mike |
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Moderator
Miss Clipboard
Posts: 6378
Joined: Mar 2005
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Yes indeed, not for me to name a particular business here. I was using the story to highlight what happens when things are interpreted in stronger terms , or the lead is taken for example from what the BA decide to steer people towards, rather than actual rules.
And yes , the BA throwing their unelected quango weight around, again!
Karen
"Wind up the elastic band Karen - we're setting off!!"
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Paladine |
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Mudplug Juggler
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The Broads Authority has got an unenviable record of incorrect interpretation of their own (bye) laws, so they are certainly not the 'go-to' source for reliable advice about national statutes.
"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)
This message was edited by Paladine on Nov-2-20 @ 8:13 PM
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ruby |
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Forum Regular
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Yes indeed,
I find it quite ironic the BA doesn't recognise a boat as a method of transportation or that the Broads are actually a public open space .
It must be right you can make a short journey by water to reach a public footpath to undertake your permitted exercise
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REDKEN |
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Fens Fatale
Posts: 35
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Karen you are a tease! As nothing is law yet, not sure why any decisions are being made by anybody.
One for Paladine, I seem to remember that it is an offence (Civil?) to deprive someone of their own property as in a marina locking its gates when there is no legal requirement to do so. Do you know anything on these lines?
This message was edited by REDKEN on Nov-2-20 @ 8:40 PM
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Paladine |
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Mudplug Juggler
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REDKEN, you're suggesting I go into a minefield without a map?
There may be something in a marina's T&C which cover this eventuality.
The way a marina operates may mean it comes within the scope of being a non-essential business and must close its gates.
There could an actionable tort involved, but would the expense be worth it? I doubt it.
I would think that anyone creating a fuss in this situation could well be asked to take their boat away. Do you have another mooring lined up?
Of course, you could always take the option beloved by a couple of well-known boats and just camp out on a BA 24hr mooring for the duration. The rangers won't bother you 
"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)
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REDKEN |
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Fens Fatale
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Thanks Paladine, an excellent response and you seem to confirm my thinking even if it is a bit extreme in the current situation.
I'm just happy to live in an area with probably the lowest numbers in the country and happy to support the actions the marina takes to keep things that way.
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Karen&Mike |
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Moderator
Miss Clipboard
Posts: 6378
Joined: Mar 2005
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Just to clarify - never was I suggesting that marinas should stay open now for those who do NOT live in the area, but rather for those who do.
I imagine as Pally suggests, that some general catch all within the T & C's will give the owners the right to make such decisions. I don't dispute that they probably can, but I do think it's another example of heavy handedness and after their previous harsh rules which went way beyond the government guidance, it would certainly have me looking for another mooring spot if I was a customer of theirs. I don't have the time or the inclination for businesses who treat customers shabbily, and especially when it's so dictatorial. Just my view.
Karen
"Wind up the elastic band Karen - we're setting off!!"
This message was edited by Karen&Mike on Nov-6-20 @ 10:30 PM
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Stingers |
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BUT, if locking moorers out prevented them from winterising and resulted in frost damage, then surely some responsibility has to lie with the marina owners. That could prove to be expensive.
Andy
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Nov-02-2020 @ 6:47 PM
