You did! But it applied to river moorings on the River Orwell and a case that was heard at the high court earlier this year!
council want to pay about £350k back, this figure includes calculations based on interest rates over the period, but they are asking for more as a contribution towarsd costs, and so on.
A local sailing Club (Pin Mill) got involved and took on the local council... I think all of the Pin Mill moorings are on the river.. so i guess they had an active interest!
It was in the Sailing Mags earlier this year.. if you want i will see if i can find some more out about it?
The case was brought by a couple of individuals with moorings here at Pin Mill who objected to being charged twice for their mooring, once by the port authority and again by the council. The council charges were eventually deemed illegal and they have been ordered to pay back. They have been debating whether to appeal or not for some months but have finally decided to pay up with interest. Several parties have taken an interest in this case, including I believe the RYA and some other mooring administrators as their is a potential knock on effect for other areas that are being double charged. If you are paying mooring fees to two authorities it would be worth investigating.
Regards,
Eddie
Is there anything in the ruling. That will enable us lot to get a refund from Yacht Haven or other marinas.
Like a small wrongly spelled word in the small print.
That means they have to pay us all back, since 1942. Whether we we there then or not.
I was at a meeting of the Hamble River Mooring Association recently when this point came up and a specialist lawyer spoke about the Orwell. Apparently there is a legal case for saying that there is an ancient right for a boat to moor ie anchor and councils or whatever cannot charge for this. They can charge "reasonable" amounts for wear and tear etc on anything they supply tackle buoys or even pontoons but not a rent for the site. Fear not marina operators can charge for the added services they supply so there is little chance marina charges will go down.
Now I Am Not A Lawyer and the lawyer and the RYA representative were not saying that this is cut and dried but we were all v interested as the Crown Commissioners have taken back the lease of the Hamble and are charging effectivly a rent. Rather than watch this space, how about keep your eyes and ears open.