Environment Agency crack down on boat owners

[SimonA]

I have got an early Christmas present from the Environment Agency, a summons to appear in court on the 23rd December to be prosecuted under the Anglian Water act 1977.

The background: I have a Freeman Mk1 which I purchased 10 years ago. For the last 5 years the boat has been moored in Oundle Marina while I save up for a new engine. During this time I have been restoring the rest of the boat and using it as a floating caravan in the marina (It has not left the marina at any time). I informed the EA about this a few years back and was told I did not need a river licence as the marina is a flooded gravel pit, private property, and not considered part of the navigation.

However in 2004 the EA decided to change their policy as the wording of the 1977 act does not define what a navigation is.

I first recieved a warning ticket in September informing me I was breaching the bylaws. On speaking to Roy Smith the rivers inspector I was told to sell the boat within 2 weeks or go to court, I offered to buy a licence and this was rejected as I don't have a current BSS (which I can't obtain due to the current condition of the boat). Mark Nye, the manage of Oundle Marina informed me thay are not allowed to sell boats without a current licence.

Then 2 days ago I received the court summons. Nobody at the EA legal department was available to talk to me when I called today. They are all out of the office until Thursday.

I have sent a cheque to the EA for the amount of the river licence as a good will gesture, but am informed they will not accept this without a BSS.

I have been phoning solicitors all day and non will take on the case because A) it's at Christmas b) they have no experience of this sort of law.

So this is a warning to anyone else who has a boat without a licence sat in a private marina. The EA are using the Nene and Ouse as a test and then they will operate the same law over all waterways they control. Although that does not apply to the sailing dinghies in the gravel pit a few miles away from Oundle Marina.

The likely outcome for me is a fine of £1000 and legal costs. But worse still I will have a criminal record that stays on file for 5 years.

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[PaulF]

Hi Simon,
My sympaththy is of no use but you may try the solicitors who advertise in MBY who specialise in boaty law. They are:Ward & McKenzie.01394-383222.
IMHO
If you end up in court without representation, take as much documentary, even diary notes of conversations with officials , evidence of what efforts you have made to discuss the matter with the powers that be. and include the efforts to pay. Also photographs of boat before and after work done. I have no legal qualification whatsoever, but have experienced a couple of 3rd party dealings, and courts are not usually sympathetic with people that take up court time when there have been genuine efforts to pay and resolve a matter amicably out of court. They ( the EA)may be looking for some poor sod to pillory and make an example of, and it may be you. It may be that the EA have not given you suficient notice of their change of policy, and that in itself may be deemed unreasonable.

You would not be the first person to be bullied by a government department. They cant hang you, dont despair.
Maybe we have a suitably qualified legal eagle who will read your post and is able to help/advise you. I hope so. Good luck, Paul

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[halcyon]

Wasn't this a thread a few weeks back, and someone said 'why worry, the EA are only tidying up a bit of paper work.'
Perhaps we should start worrying again.
Be careful with solicitors, having just spent £2000 on fees, on a planning matter very similar to your EA one, and still ended up with a stailmate.

All the best


Brian

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[PaulF]

Yes Brian, Boatone put up on post on Oct 10th. You could well be right. I also agree about being careful with solicitors, but here some sound legal advice would be worth seriously considering.Even if it is 'cough up and take your medicine'.

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[boatone]

The full previoud thread starts <A target="_blank" HREF=http://www.boatsontheweb.com/> Website, Photo Gallery, Chat Room, Burgees

 

[Velorum]

Just a thought - is the old engine still in your Freeman? If not perhaps you could have a BSS done as an unpowered vessel and if you remove the gas then this would be even more straightforward - there should then be no reason for a licence application to be turned down.

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[Greg2]

Have to say the atitude of the EA appears to leave a lot to be desired. Typical bureacratic nonesense - why is it that the notion of customer service appears to bypass so many in such departments?

I agree with a previous poster - be in a position to clearly lay out your attempts to deal with the matter/communicate with the EA as I suspect the court may be none too pleased.

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[Peppermint]

Re: Are you an RYA member?

There legal department is quite good. Even if your not they should be interested in this case if it represents a change in the enforcement procedure.

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[Bergman]

I would echo Paul's advice - take every scrap of documentation you can find. Try to get the boatyard to put in writing that the cannot be sold without BSS.

The other point if they do find against you is to challenge their costs These types of department are particularly generous (to themselves) when calculating costs.

Seems to me you are being put in an impossible position by their change of policy not by any action of your own - be sure to put this across clearly to the court who may not understand all of the niceties.

Best of luck

PS This is no more or less than a job creation scheme - like so many others since TB announced cuts to Civil Service posts. It will not be the last.

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[SimonA]

Thank you for all the responses.

The law being used is the Anglian Water act 1977, so I guess it's nothing to do with the new act they are trying to get.

From what I can gather I have a few choices.
a) Plead guilty, get fined, get a criminal record
b) try and argue that a flooded gravel pit is not part of the navigation
c) hope the magistrates see sense in the fact the boat has been in the marina for years with the EA's knowledge and yet they have no bothered with it. Also the fact I have sent a cheque to the EA for the loss of revenue caused by not having a licence.
d) spend hundreds if not thousands on a solicitor.

Why do none of these sound very tempting?

The thing that really annoys me is about a quarter of the boats in the marina do not have a licence, many are being restored. So I wonder why the marina failed to inform anyone of the EA crackdown.

And how on earth can you be classed as a criminal for something so petty?
With a criminal record I can't help out at my kids school christmas play, get insurance from a lot of companies, visit certain countries, get a new job.



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[petem]

Is this a criminal or a civil offence?

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[SimonA]

It's a criminal offence. Although I don't really understand why.

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[boatone]

Simon......
I dont want to sound anti but you really havent given us enough information here for us to form a considered opinion. I have done a google search but the River Nene byelaws dont appear to be available on the web so its impossible to bone up on the existing requirements.

I do find it difficult to believe that you have only received the rather peremptory notifications you describe although anything is possible in this red tape age.
Even the new proposals provide for far greater periods of notification and compliance than you appear to be facing. What exactly did the original notification say? Was the requirement to 'sell within two weeks' (a very strange period IMHO) purely verbal or in writing and in agreement with the terms of the original noitification? Have you received no prior communications from EA about pending changes or interpretation of byelaws and a need to comply?

Marinas on the Thames are considered part of the navigation and ANY use of a boat other than strict repair work is considered grounds for requiring a licence. You say you were using your boat as a floating caravan which would certainly have brought you into this category on the Thames.
As far as BSS is concerned I again am not sure of the reality of your claim that you cannot sell a boat without BSS. A BSS examination which fails gives a statutory period for re-examination and, as i understand it, a boat does not have to be useable to be granted a BSS.
Can you give us a bit more background to this as I feel sure there is more behind it than the few simplistic details you provide above?

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[Bergman]

Just re-read your original post

When you say you informed the EA of the position and they told you you did not need a license did they put this in writing?

If you have this documented then it would appear to me that since they are use an act dating back to 1979 they cannot prosecute you now having in effect given permission by stating that the gravel pit is not part of the navigation. If it wasn't then it isn't now unless there has been some change in the law.

Unless there is some case law that changes that interpretation then I would say you have a good case to have the prosecution dropped.

Its certainly worth the cost of asking a lawyer - a single consultation should not be too much - you can still represent yourself in court.

If you can't get to a lawyer before Xmas go to court and ask for an adjourment on that basis.

If you do go to court and argue the case then do not let the other side know your defence in advance. They will almost certainly have briefed a solicitor to act for them and it is unlikely (but not impossible) that he will have sufficient background to refute this type of argument without the opportunity to check things. If he seeks an adjourment argue as hard as possible not to - days off work - they brought the case should be prepared - had lots of time to do it properly.

And when you win don't forget to ask for your costs.

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[SimonA]

Here is a timetable of events

10th September 2004

I received a letter from the EA which says

Breach of the recreational waterways byelaws 1979.
It has been reported that your boat appeared to be in breach of the above byelaws.

The purpose of this letter is to advise you that consideration is being given to the institution of legal proceedings against you. Anyone who fails to comply with the above byelaw is guilty of an offence punishable with a fine of up to £1000.

You have 14 days to register your boat with the agency or contact this office with a satisfactory explanation as to why the vessel is not licenced.

Yours Sincerely
Roy Smith
River Inspector.

Attached was an offence ticket stating I had failed to comply with the Anglian Water Act 1977 & Recreational waterways act byelaws 1979
__________________________________________________________________


The following day I called the EA and was informed Roy was out of the office.

I called again the following day and once again he was out of the office. This time he called me back late afternoon.

I told him the boat was not licenced as I had not got a BSS due to restoration work. I asked if I could licence the boat without the BSS and was told I could not. I explained I had previously spoken to the EA and had been informed I did not require a licence due to the marina not being part of the navigation. He told me "I don't care what the finance office told you, I am in charge" And went on to explain the rules have been the same since 1977 (although I later learnt from the EA HQ this was not the case, they had changed the rules in 2004). I asked what I was supposed to do and was verbally advised to sell the boat within 2 weeks.




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[SimonA]

I then contacted the marina and was informed they could not sell boats without a BSS or licence.

On the 25th November I recieved the court summons.

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[hlb]

Yes. I have thought that there must be much more to this. Remember Noah?? Course it might also be bu. Beu---Burocrac..... Them in offices gone mad!!

<hr width=100% size=1> No one can force me to come here. I'm a volunteer!!.

Haydn

 

[SimonA]

25th November 2004

Environment Agency V Simon A
Peterborough Magistrates Court

I enclose by way of service
Summons to appear at Peterborough magistrates court on 23rd December 2004
Statement of facts
Plea of guilty in absence
Copy of witness staements
Form of notice to accused.

Yours Faithfully
Helen Sillitto
solicitor

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[studgies]

We kept our boat in Oundle marina for a few months 3 years ago, we needed to get the trailor repaired and it was the cheapest option. Because we only ever used out boat on the coast we did not have a BSS so we checked and double checked with the yard and they assured us that there was no need for the BSS or a licence for the waterway as long as we did not leave the marina basin.

The EA seem to operate in some very odd ways up your way.

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[SimonA]

On 23rd December 2004 the magistrates court will hear evidence that on or about 16th August 2004, you did moor a pleasure boat on a recreational waterway, namely the river nene at Oundle marina, when there was not in force a registration certificate issued by the Environment Agency.

Contary to section 18 of the Anglian Water Authority Act 1977 and regulation 7 of the Recreation Waterways byelaws (1979).

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