Marina Electricity Charges- Again

[Oldhand]

Last month a correspondent, "dignity", advertised in this forum that his marina had recouped there losses from not being allowed to profit on charges for electricity consumed by bertholders with the introduction a £50 service charge. I responded by thanking "dignity" for advertising this scam to all other marina operators who hadn't thought of it.

Sure enough the Yacht Haven Group have invented their version of the scam. It is a service charge of 5p per metered unit consumed (which is more than the price per unit they can charge for the electricity consumed). I guess they are trying to get back to the 10p per unit they used to charge.

However, this has been applied without prior advice and is in breach of their own "Company Rules" quoted on the back of their "Berthing and Marina Services Agreement". Their definition of Marina Services is:"means the facilities provided by the Company as part of the Berthing Agreement, such as:.......supply of electrical power and water". The next paragraph of their "rules" entitled "The Agreement" states: "Details of the charges applicable to the Berths and Services will be given to the Owner/Customer in writing in the Agreement".

I trust those Haven berthholders who have just received bills for elecricity supply including this new service charge will check their "Agreements" to see if they are liable for such a charge before considering payment. There is no mention of an electricity service charge in my "Agreement".

Perhaps the legal professionals on the forum would like to comment on what our position is in respect to this service charge.



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[Sybarite]

Substance over form. They are simply adding an electric surcharge and calling it something else. A new charge should correspond to a new service. What service are they now performing that they wern't before?

When are you guys going to form a marina users association?

John

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[petery]

It\'s probably illegal !! (IMHO of course)

Our ex-Commodore happens to run several large caravan sites and is on a national trade association board. He currently has several legal actions against him from caravan owners. He is also in dispute on electricity charging, with the local boatyard where he moors his yacht - so he knows both sides.

Talked to him this morning - he tells me that the OFGEN regulations state that a marina owner can only resell electricity at the rate he pays his supplier - and you can ask to see the marina's electricity bills to verify this. I understand that if the marina gets a quantity discount, they have to hand that on as well.

While the marina or caravan site owner probably ( that's why he's currently in court!!) can increase the basic general mooring fee (to cover the cost of providing the metering/distribution), they cannot make any flat charge - or the type of surcharge you have described - that is specifically identified as being related to the supply of electricity.

All in MHO based on his advice.

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[Chris_Robb]

The boat yard I am at (see 1% commission) tried to charge me 16p per unit. I gave them a copy of Premiers last bill - which was 3.5p plus £5 per month facilities charge. I run a heater and dehuidifier all winter so this was going to cost a bomb. The bill I finally received was for 6 p per unit and £8.00 per month. An overcharge I think?

The yard also took every opportunity to turn the water off - citing freezing conditions - complaining about their water bills. - well they had nearly £800 off me for 3 months. - all for a dirty puddly yard. I should have pulled out with Premier - who would have been cheaper!



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[petery]

Ofgem web-site

Ooops.. having now read the OFGEM web-site myself it appears that a flat charge to cover the costs of maintenance etc can be made - but a surcharge per unti is a no-no! The web-site has a specific example of what a marina operator can charge for both permanent and cruising berths.

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[Oldhand]

Re: Ofgem web-site

Many thanks Petery, I had beem in OFGEM's web-site too, before I wrote the post but hadn't read the examples in detail. I have it all printed out so I will look at the example you mention.

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