rob
New member
any one know of the legal position of charging for anchoring in harbours on the south coast, by the harbour authorities? is it legal or not?
Rob
Rob
mooring/anchoring
- Thread starter rob
- Start date
charles_reed
Active member
As I have been informed there are two legal components to charging.
The first is a levy for the use of the harbour navigation marks.
The second is for the use of someone's mooring tackle.
Exceptions to these rules abound - Portsmouth is one where you have a Queens harbourmaster and they can make up the rules as they go.
I suspect that you'll be on dubious ground if you attempt a legal challenge, based upon "freedom of passage" rights.
The first is a levy for the use of the harbour navigation marks.
The second is for the use of someone's mooring tackle.
Exceptions to these rules abound - Portsmouth is one where you have a Queens harbourmaster and they can make up the rules as they go.
I suspect that you'll be on dubious ground if you attempt a legal challenge, based upon "freedom of passage" rights.
Twister_Ken
Well-known member
Shhh, don\'t tell IPC I said this
Get hold of the last couple of months' Sailing Today mags. They have a crusade on this, led by an 'eminent' QC.
Get hold of the last couple of months' Sailing Today mags. They have a crusade on this, led by an 'eminent' QC.
rob
New member
I would have though that if you use someone tackle as it were then a levy is understandable. But to charge for anchoring then in my view that is unaceptable!
Rob
Is there
Rob
Is there
rob
New member
To use the moorings etc. then thats ok but to charge for anchoring then this is surely wrong
Rob
Rob
hlb
RIP
Ah but the sea bed, till a few miles out, is owned by the Dutchy of Cornwall or Lancaster. I cant remember which. Anyway it's Prince Charles. Now you know where they get the loot from. Anyway Charley charges for sticking your anchor in his garden under the sea just as you would if I dropped my anchor in your garden, acompanied with loads of chain and smashing up your pansies at the same time.
No one can force me to come here-----------
----- I'm a Volunteer!!!
Haydn
No one can force me to come here-----------
----- I'm a Volunteer!!!
Haydn
Rabbie
New member
On Scuttlebutt there is a posting 'Right to moor' see my post.
I feel very strongly about this form of rip-off. For too long we have been pleasantly handing over differing sums of ready cash to some 'authority' of which we know nothing , its legal rights or its powers to enforce its demands. Use of facilities should be paid for - no question about that. Merely anchoring overnight is like using a lay-by on a highway - no local authority would dare to come along and demand payment for that so why penalise anchorers(!). Stick together brothers and REFUSE!.
Feel better now!.
<P ID="edit"><FONT SIZE=-1>Edited by Rabbie on 16/08/2002 22:14 (server time).</FONT></P>
I feel very strongly about this form of rip-off. For too long we have been pleasantly handing over differing sums of ready cash to some 'authority' of which we know nothing , its legal rights or its powers to enforce its demands. Use of facilities should be paid for - no question about that. Merely anchoring overnight is like using a lay-by on a highway - no local authority would dare to come along and demand payment for that so why penalise anchorers(!). Stick together brothers and REFUSE!.
Feel better now!.
<P ID="edit"><FONT SIZE=-1>Edited by Rabbie on 16/08/2002 22:14 (server time).</FONT></P>
oldharry
Well-known member
Agreed Rabbie... BUT: a number of these authorities in addtion to giving themselves the right to charge, have also given themselves remedies - in some case highly dubious ones - to remedy non payment.
Someone earlier this year reported on these boards having their dinghy confiscated after refusing to pay for anchorage in Keyhaven. I suspect that such action could not be justified at law without 'due process'. Any Legal types care to comment?
A couple of years back a bloke in a rather beat up motor boat accosted me as I was anchoring near Castle Cove in Portland, demanding a fiver for the priveledge. As my anchor was not even on the seabed at that point (and having just completed a longer than expected single handed passage of Lyme Bay) my answer was to ask him to go away - perhaps rather more abruptly than is my usual wont.... 2 short words if memory serves.
He did. I passed a peaceful night, and went on my way the next day having heard nothing more from him. So sometimes it works....
Someone earlier this year reported on these boards having their dinghy confiscated after refusing to pay for anchorage in Keyhaven. I suspect that such action could not be justified at law without 'due process'. Any Legal types care to comment?
A couple of years back a bloke in a rather beat up motor boat accosted me as I was anchoring near Castle Cove in Portland, demanding a fiver for the priveledge. As my anchor was not even on the seabed at that point (and having just completed a longer than expected single handed passage of Lyme Bay) my answer was to ask him to go away - perhaps rather more abruptly than is my usual wont.... 2 short words if memory serves.
He did. I passed a peaceful night, and went on my way the next day having heard nothing more from him. So sometimes it works....
Rabbie
New member
Nail on the head Harry!. What 'rights' do they have to demand payment? I'd bet most of them couldnt give you a straight answer - probably as they have never been asked!. I remember the Keyhaven incident and thought it scandalous that the chaps tender was apparently seized. I wish we could have heard the final outcome of that one. Just let any of them try laying a paw on my boat!.
Now, where did I leave that cutlass?.
Now, where did I leave that cutlass?.
B
bob_tyler
Guest
"Merely anchoring overnight is like using a lay-by on a highway - no local authority would dare to come along and demand payment for that so why penalise anchorers!"
I wish you hadn't written that. I hope no government ministers read this site - you will be giving them ideas. In no time all laybys will be covered in parking meters:-(
I wish you hadn't written that. I hope no government ministers read this site - you will be giving them ideas. In no time all laybys will be covered in parking meters:-(
rob
New member
Why is it that many of us British, seem not to want to enjoy our rights?
The French must be admired, for if this was the case if France, they would of certainly blocked a port or something.
I like so many others I feel, would not want to make a fuss if the Harbour Master requested the suppose dues for anchoring. I would pay up and grumble to my wife later.
Is it about time that the RYA took up this case to see if the dues being charged in Harbours around the country are in fact legal!
Please what do others think??
Rob
The French must be admired, for if this was the case if France, they would of certainly blocked a port or something.
I like so many others I feel, would not want to make a fuss if the Harbour Master requested the suppose dues for anchoring. I would pay up and grumble to my wife later.
Is it about time that the RYA took up this case to see if the dues being charged in Harbours around the country are in fact legal!
Please what do others think??
Rob
ToMo
New member
< Any Legal types care to comment?>
Without payment? - oldharry don't be too hopeful !
TôMö
Without payment? - oldharry don't be too hopeful !
TôMö
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