Forced to use marina maintenance services

[h4nym]

What's the take on this? I know that most marina berthing agreements contain some kind of clause prohibiting the use of external maintenance. Is this legal? Anti-competition an' all that?

What are the workarounds? And would anyone be interested in joining some kind of class legal action? Am I alone in objecting to this rip-off? Am I wrong in seeing this as a rip-off?

 

[tcm]

Re: John watson again??

Hm, from a distance this sounds ok, but of course for anyone on the ground, if you fall out with the approved contractors, or they're busy and so on...then what?

has anything specific triggered the question?

 

[hlb]

Easy way is just to carry on and use who you want. If it causes a problem, deal with it then. Personaly even though I've seen the contract. I've never been afected by it.

No one can force me to come here-----------
----- I'm a Volunteer!!!

Haydn

 

[h4nym]

Last summer, I asked them to carry out some work - put in a holding tank because I'd brought our boat up from the sea o the river.

Instead of a holding tank, what I got was an extortionate quote, and a flooded cabin. OK - so I resolved not to use them. Looking through MBM, Marine Diesel Services advertised regularly in the classifieds so I thought I'd give them a try - and was extremely pleased with both the quality and price of the work. Job done quickly, for £30 an hour, not £50, and with a real pride taken.

Cool - lots of other work to be done - I wanted the dashboard remodelled etc etc. But now the marina owner wont let them on site! Not a major issue, they just go down there, take the boat out and tie her up to some public moorings about a mile upstream. But now we have to manage everything so much more tightly - eg can't get the boat lifted out at the marina to service the legs etc.

The final straw is that he's objecting to a Boat Saftety examiner carrying out the examination on site, because he has his own "preferred" examiner.

For 20 quid an hour, I'll put up with the hassle, but I'm sure that if we could all get together we can get this rip-off declared illegal and free ourselves from this closed shop. We don't have hundreds of marinas on the Thames to ensure that market forces prevail!

 

[tcm]

I wonder how far you have got with "talking to them"? It simply can't be a "solid" requirement - as some waranty work must be carried out by other authorised agents. Prasp he was banking on loads of work from you? - but of course if they're incompetent and/or overpriced, could he not "approve" someone else?

 

[miket]

Pretty certain this situation arose some years ago at MDL Harleyford. (Thames)

One or two bertholders suggested that it contravened the laws on restrictive practices, or unfair trading, think the former.

Don't think it got as far as court. Probably resolved face to face. Certainly those concerned were able to continue using own contractors. Some marinas get round it by charging the contractors an access charge.

 

[Deleted User YDKXO]

I think its common practice to put it in the berthing contract but very unusual to find it actually enforced. Obviously it is anti-competitive but the marina will probably give you some garbage about their insurance not covering outside subcontractors. As tcm says, its always worthwile talking to the marina manager and coming to an arrangement on 1 or 2 named companies to work on your boat

 

[Guest]

Don't mind taking flack when we get things wrong but I should point out that Harleyford is not an MDL marina.
And MDL do NOT insist that customers use 'our' contractors. Customer choice is king.
John Watson
MD
MDL

 

[hlb]

Very nice to see some one in the industry, taking part. There should be more like you.

No one can force me to come here-----------
----- I'm a Volunteer!!!

Haydn

 

[tcm]

Re: 3 more cheers for mdl?

ooh, more feathers in jw's increasingly rather cumbersome and very silly-looking hat.

 

[KevB]

Peters used to have the monopoly in Chichester Marina or you paid x % of repair by outside worker to Peters. They were taken to court last year (I think), now we can use who we like. lots of different marine engineering vans in the marina now. Much more healthy.

Politically incorrect and proud of it.

 

[h4nym]

Update - told to leave the marina

The situation has, sadly, escalated:

Taking the dashboard off means that you remove the throttles and the steering wheel, while the actual work was done off-site. In order to avoid offending the "I'm the managing director of this company" marina manager, we brought the dashboard back onto the boat last night, and came to put the steering wheel and throttles back on this morning. Once on, we planned to take the boat out, tie up to some public moorings downstream and carry on our work.

Sadly, though, even getting the steering wheel on was deemed to be "work by way of trade" and I was instructed to "take the boat out and find another mooring".

Delighted to say that I did find another mooring, all sorted out to bring the boat in on the Tuesday of the Jubilee weekend. At a marina that accepts other contractors subject to two reasonable conditions -
1 that they inform the marina office, and
2 that they pay a fee of £15 per day, which I assume is to cover insurance, facilities etc. Perfectly reasonable.

The manager also asked me if I'd come from <my old marina>. Eminently, my old marina manager had been phoning around to warn colleagues about "a wrong-un (he'd) just had to sling out" Not yet ready to name and shame as it may affect some legal action that we may get involved in, but delighted to name and fame my new host - step forward Malcolm Miatt from Teddington Harbour - also home to the Teddington Lifeboat, of which he is the station honorary secretary.

At no stage was my old host interested in finding out why he had not been given a look in to carry out the work, and at no stage was he prepared for any discussion.

"You looking for me?"
"Yes"
"I'm not in"
"In that case, could I ask you to give me a call at your convenience, ideally sometime this afternoon"
"I've made my decision"
"Yep, not a problem, I wouldn't dream of trying to reason with you - I just wanted to let you know when I would be going, and to arrange the refund of my berthing fees. Anyway - we’ve got the Boat Safety examination for her arranged for 9.30 tomorrow morning"
"Who are you using"
"Can't remember the guy's name - but I found him through the Environment Agency"
"Well the only BSS examiner we allow on site is Nick Allen"
"Sorry, Ian, it's already booked. OK - talk later"

I still wait by the phone - I know it's working - I've had other calls.

The saddest thing is that this is, for me, a leisure activity. I don't want to be fighting with anyone over anything boating. My direct debits have always been paid, and all I wanted was the opportunity to enjoy my favourite leisure activity (OK OK - obsession!) in peace, calm and good humour. Why have I been branded a "wrong'un"?

Thanks for the pointer on the Peters case - any idea when? Last year? xxx v Peters plc? Chichester County Court?

 

[oldgit]

Re: Update - told to leave the marina

I wonder if this is one of the chain of marinas that was considering making its staff all wear some sort of Blazer to promote the right image.

And this is summer is it?

 

[h4nym]

Re: Update - told to leave the marina

lol - lord no! I think this guy is a one-off... certainly hope so...

Blazers? Only in the context of his temper, I suspect!

PS Is this really the summer?

H
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Success always occurs in private and failure in full view
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