Illegal boat move?

[kghowe]

I have a friend, who, having suffered a mishap with his boat left it at a marina. He undertook to get three quotes for repairs but was surprised to learn that the first company he had approached had been on his boat and undertaken, without permission, to move it to their own yard in another marina. They then banned any other contractors from the site so my friend was unable to get any other quotes.

I was surprised that the marina handed over the keys to the contractor in the first place as the owner had not given permission to move the boat. Do you think the owner should fork out the two weeks worth of mooring fees he's being asked for as he did not give permission to move it in the first place.

They finally conceeded that other contractors could finally visit their yard to give estimates for the work.

Forums thoughts?

 

[Powersalt]

typical closed practice that gets the industry a bad name. For just similar reasons my marina has handed back all keys saying they cannot take responsibility for complaints or prosecutions for handing out the keys.
So now we cannot lodge keys with them.

 

[Channel Ribs]

I am not sure the Marina is at fault for allowing access, so long as they were happy with the company's credentials.

Did the company move the boat because they thought they had been chosen to do the work, or out of desperation to keep other quotes out of the owners hands?

In an extreme case the owner could make some serious demands of the company who had moved his boat against his wishes.

 

[Lakesailor]

It really depends what he had said to that first firm. It may have been a wooly request which led them to believe they had been chosen or that they would be allowed to move the boat for better inspection.
3rd hand stories are often riddled with inaccuracies.

 

[Renegade_Master]

where did this happen UK or abroad?

 

[Nick_H]

Are you sure you've got the full story here?

 

[duncan]

without an understanding of th emishaps it's difficult to even come up with a suposition......let alone serious comment here Kevin.

the opportunities for misunderstandings are great

 

[volvopaul]

In my book they have stolen his boat as they have taken it without his permission, the yard he is moored in cannot be held responsible for them taking it, this happens all the time, I would just go and take it back as long as its not out of the water, if he cant get acess by the pontoon then go and collect it by dinghy, he should certainly contact his insurers and the police incase the yard where it is report it stolen.
This is a very bad job and as already said gets the marine industry a bad name, whoever they are name and shame them I wouldnt want to be associated with them. They must be desperate for work to do that, its closed shop as regarding other contractors coming in and quoting for the work.
Theres nothing like my clients giving me pleasure in taking there boats away from there berths so that I can carry out repairs, why should it be closed shop to get ripped off.

 

[capnjack]

There are one or two "hearsay" points within this situation. However, if he has sent out for other quotations this will give guidance that he was looking for other quotes at the time at which they took the boat and had not yet settled on one. Another point is that you said they took it to their yard at a marina and later conceeded that others could quote. This is a little way to an admittance of guilt or their misunderstanding of the situation. The last point is, who is actually charging your friend for the mooring, the repairer or the marina and if it's the marina, why are they involved if it is in the repairers boatyard? I think the correct approach now would be to boldly retrieve the boat with no uncertainty that they had taken it without permission and if they pursue it further your solicitor will make a case against them.

 

[kghowe]

UK, IOW guess they need the business!!?? Not best pleased really.

 

[kghowe]

Definately!

 

[kghowe]

Ok here are the details.
1)Engine failed, towed into harbour.
2)Contacted marine engineering company (company 1)and asked them to visit boat, survey damage and offer quote for repair.
3)Second company approached and asked if they too could offer quote for repair.
4)This second company rang me back and advised that first company had taken boat out of marina and wouild not let any others on to boat for work or estimate.
5)Hit the roof and suggested politely to company 1 that they had taken the boat without consent.
6)Back down by company 1 and they said company 2 could visit to do estimate but not any work. (As a compression check is needed they still have a monopoly)
7)Third company is going in to quote for engine repairs only after I gave them written confirmation that company 1 would let them in to look at the boat.

Three weeks later and the boat is still not fixed!
Frustrating.

I'm in the industry myself but wouldn't dream of behaving like this!!!
KGH

 

[nonitoo]

[ QUOTE ]
In my book they have stolen his boat as they have taken it without his permission

[/ QUOTE ]

Taken without permission certainly but there was no theft involved.

IIRC theft is defined as the intention to permanently deprive (could be wrong - all this stuff a long time ago) and not so in this case.

Tom

 

[Renegade_Master]

"I am not sure the Marina is at fault for allowing access, so long as they were happy with the company's credentials"
__________________________________________________________________

Erm I dont think so, thats like say I go down to the Marina today and the boat had been moved by the Marina to some commercial set up where they are happy with their credentials. Whats that got to do with it? they could be the most prestigeous reliable company in Spain but they still do not move my boat,I do any moving not them.

Under no circumstances should the Marina move my boat unless its an emergency ie the boat next doors on fire.

 

[Its_Only_Money]

[ QUOTE ]
[ QUOTE ]
In my book they have stolen his boat as they have taken it without his permission

[/ QUOTE ]

Taken without permission certainly but there was no theft involved.

IIRC theft is defined as the intention to permanently deprive (could be wrong - all this stuff a long time ago) and not so in this case.

Tom

[/ QUOTE ]

I think you are right so unless there is a specific offence of TWOC'ing a boat probably best to treat it as a misunderstanding and just go and get them to move it back. Of course if they refuse.... I'm not even sure that taking without permission stacks up unless there is a recording of the discussion between the two individuals...

 

[tony345]

Just interested to know where in the IOW -

As a "local", I might be able to give an opinion before you make your choice of boatyard for repair.

If you don't want to comment on the open forum - feel free to PM me

 

[Its_Only_Money]

Is there anywhere other than Cowes with two marinas and at least one boatyard in close proximity?? /forums/images/graemlins/smile.gif

 

[SnaxMuppet]

[ QUOTE ]
Under no circumstances should the Marina move my boat unless its an emergency ie the boat next doors on fire.

[/ QUOTE ]Please don't think I am being arguementative... I am not... but in most marinas I have been berthed in they DO have the right to move the boat within the marina. OK, I would expect them to have the courtesy to tell me they have moved it or, even better, call me beforehand so I could move it myself.

I certainly don't think they have the right to release the boat to a 3rd party though. In fact, at my marina I leave spare keys but they have a list of authorised people that I am happy to release the keys to. If someone is not on that list they won't release the keys and will contact me to check what to do. I know they do actually do this beccause this has happened to me when I forgot to put a contractor on the list.

Of course, it might be different on the continent...

 

[adey]

[ QUOTE ]
Taken without permission certainly but there was no theft involved.

IIRC theft is defined as the intention to permanently deprive (could be wrong - all this stuff a long time ago) and not so in this case.

Tom

[/ QUOTE ]
So, if I go to a different marina and manage to get the keys to someone else's boat I can bring it back to my marina and use it as long as I promise to return it when I'm finished with it. I can also send them the bill for mooring fees as it's not my boat?
/forums/images/graemlins/confused.gif

If they won't play ball just report it stolen.