Something has picked up my mooring!

tokoloshe

Member
Joined
17 Mar 2012
Messages
232
Location
With Alice in Wonderland
Visit site
OP has made a tactical error in

  • Reporting it the the Harbourmaster and club
  • Posting about it on here

Just releasing it and denying all knowledge would have sorted the problem. What it genuinely comes adrift now? The finger of suspicion will point his way.

You could apply for a "fight" on "You've been framed" but
remember the yachting hoodie owner "knows where you live".
 

chewi

Active member
Joined
8 Oct 2007
Messages
1,805
Location
Poole
Visit site
I love the teflon shoulders approach here.
how does making the club responsible for it help?
The mooring master is probably just a helpful yachty, and he now inherits the problem because he manages their maintenance.
They would never get another volunteer mooring master.

Naturally he would have the facilities to park a Hobie indefinitely in a secure gated enclosure...there is certainly no scope to do that in my club.

Best suggestion above is to screen the box in foil to spoil any radio signals & cause them to return asap.
leave a note on board detailing what the OP plans to do with it if not removed by date X. and have a witness to leaving the message there.
 

gerryraby1

New member
Joined
7 Jul 2008
Messages
83
Visit site
They've not really done much harm you know - this thread has got too hot under the collar imho. It's probably just some undergraduate experiment, and for all we know they did ask permission and were told 'oh it'll be ok there for a few weeks...'). In fact I bet the OP would have said 'that's ok, go ahead' if asked - it's the lack of a polite note on the cat which is the point. But I bet the people who put the thing there are not muggers or druggies or benefit cheats, so their crime is a pretty minor one.

Why not either wait for the new term in which case they'll be back, or maybe send a polite and friendly email to someone who might know or make a phone call to find out, for instance a local academic like http://www.port.ac.uk/departments/academic/biology/staff/title,1016,en.html

They may not be muggers or druggies or benefit cheats BUT what they are is thoughtless! What was I supposed to do when I wanted to use my mooring that I had paid for? I had 2 choices. Pick up someone else's mooring at possible inconvenience to that mooring user or to have to put my boat in a marina at considerable cost to me. It has meant that I will have to go down on a regular basis to see if it has been removed, again an inconvenience for me and also costly as I live 2 hours away from the boat.

My two issues are the arrogance that they think they can just put a vessel on a mooring without implicit permission and the stupidity of not having any identification on the darn thing.

The aim of posting this thread was exactly to find someone "who might know"

I just want to point out that this post is not angry it has been typed in good humour. I do believe this is a bit of a silly post though. I came to the forum with a genuine desire to see if anyone knew anything. The help I have got is great and hopefully the more "off the wall" suggestions have been amused readers.

BTW they could also be "muggers or druggies or benefit cheats", who knows?

Gerry www.sadler32forsale.com
 

Iain C

Active member
Joined
20 Oct 2009
Messages
2,367
Visit site
My mooring is a hundred yards away and that would royally piss me off, especially if I came back on a Sunday night, needing to moor single handed and have a two hour drive home again, and had that bloody thing to sort out. The OP has not over reacted at all. The fact that it's got "DANGER" written all over it and some wind powered decapitation device fitted makes it even more annoying, in a kind of "not my problem any more mate, it's yours".

If it were me, I would be very tempted to move it to the public pontoon, and make it fast properly. I would remove the generator blades in the interest of health and safety. I'd fix a notice to it saying that the blades have been removed so no harm becomes of little Johnnie and his crabbing, you are holding the blades for safe keeping, and will happily return then once the morning fee of X has been paid (which of course will be donated to the RNLI). Email the police and QHM with what you've done, job done.

Personally, it seems a "common sense" approach with no profiteering, undue awkwardness, NIMBYism or bloody minded ness, and is a whole lot more sensible than leaving a craft marked "danger" on some random, temporarily vacant mooring...
 

gerryraby1

New member
Joined
7 Jul 2008
Messages
83
Visit site
OP has made a tactical error in

  • Reporting it the the Harbourmaster and club
  • Posting about it on here

Just releasing it and denying all knowledge would have sorted the problem. What it genuinely comes adrift now? The finger of suspicion will point his way.

I am afraid I am not like that. I would not just release it because that would be appropriate. I respect others property even if they are thoughtless enough to pick up my mooring and that is exactly why I came to this forum. I wanted to know if anyone knew about it. If it slips its mooring, whoever it is can point the finger all they like but my conscience is clear. If I was going to do the dishonerable thing I wouldn't have posted it here would I?

Gerry www.sadler32forsale.com
 

Biggles Wader

Well-known member
Joined
3 Mar 2013
Messages
10,887
Location
London
Visit site
Sounds like good sense to me.Solves the OPs problem and puts the matter back in the hands of the authorities,who should have dealt with it in the first place.
 

fireball

New member
Joined
15 Nov 2004
Messages
19,453
Visit site
I love the teflon shoulders approach here.
how does making the club responsible for it help?
The mooring master is probably just a helpful yachty, and he now inherits the problem because he manages their maintenance.
They would never get another volunteer mooring master.

Naturally he would have the facilities to park a Hobie indefinitely in a secure gated enclosure...there is certainly no scope to do that in my club.

Best suggestion above is to screen the box in foil to spoil any radio signals & cause them to return asap.
leave a note on board detailing what the OP plans to do with it if not removed by date X. and have a witness to leaving the message there.

If it is (as the OP says) a club mooring then the club (a collection of usually like minded sailors) is responsible. Not only is the club responsible, they also have AUTHORITY ... they would also be in the best position to know if the offending vessel had been given permission to be on that mooring ... if not then they would also be in the best position to get it removed (if appropriate) or arrange a temporary mooring for the OP's vessel.

The individual doesn't shoulder the responsibility - the club does .. and that's one of the good things about a club - you club together to resolve problems ...
 

fireball

New member
Joined
15 Nov 2004
Messages
19,453
Visit site

I know - but the OP hasn't said if he's received an answer yet ...

If it was our club then the berthing master (usually with committee agreement) may order the vessel to be removed from the mooring and place it somewhere else - for which there would be a small working party, using club boat(s) & facilities to achieve. If the vessel is damaged in anyway then any claim would be against the club as it was a club action - and not the individual who's mooring allocation was unavailable.
 

gerryraby1

New member
Joined
7 Jul 2008
Messages
83
Visit site
I know - but the OP hasn't said if he's received an answer yet ...

If it was our club then the berthing master (usually with committee agreement) may order the vessel to be removed from the mooring and place it somewhere else - for which there would be a small working party, using club boat(s) & facilities to achieve. If the vessel is damaged in anyway then any claim would be against the club as it was a club action - and not the individual who's mooring allocation was unavailable.

The problem here is (as I understand it) that as soon as "the club" touches it they become legally responsible for the safety of said vessel. If it is moved and then is damaged the club is potentially liable. Lets say they do move it to a compound and someone hops over the fence and nicks the solar panels or the wind gen.....what then?

Dumping the problem on "the club" dosen't resolve it IMHO

Gerry www.sadler32forsale.com
 

winsbury

New member
Joined
28 Sep 2012
Messages
519
Visit site
Perhaps we should all phone his club to express our concern about a vessel marked thusly near so many other moorings and find our what or if they are going to do anything about it. This would show solidarity and support to the OP which seems to be the overwhelming emotions here at what appears to be a disgusting and blantant disregard for common sense and common courtesy. While we have the blower in our hands also take the opportunity phone our own HM's or clubs to find out what they would do about it if it happened on our own moorings both for our own peace of mind and to discover if there is a common and authoritative answer to this dilemma.
 

fireball

New member
Joined
15 Nov 2004
Messages
19,453
Visit site
The problem here is (as I understand it) that as soon as "the club" touches it they become legally responsible for the safety of said vessel. If it is moved and then is damaged the club is potentially liable. Lets say they do move it to a compound and someone hops over the fence and nicks the solar panels or the wind gen.....what then?

Dumping the problem on "the club" dosen't resolve it IMHO

Gerry www.sadler32forsale.com

Q1 - have you contacted the person in charge of moorings
Q2 - if you have contacted the person in charge of moorings - do they know anything about the vessel?
Q3 - if you have contacted the person in charge of moorings - what did they say about the possibility of moving the vessel or allocating you a temporary mooring?

It's not your mooring - you are allocated that mooring by the club - any decision regarding vessels on that mooring should be taken by the club.
What if the club wanted to lift that mooring chain & block for maintenance - should they be prevented from doing so by the presence of an unauthorised vessel?

If it were me in charge of the moorings and the vessel was there without club authority then I'd place a notice on it giving the owner 7 days to contact me/club and stating that the vessel will be removed at the owners expense if not forthcoming. During which time I'd hopefully be able to give a temporary mooring to the displaced mooring holder. After the 7th day the club would put together an appropriate team to remove the vessel and place it somewhere else - either on another club mooring, against club piles/pontoon or ashore - depending on what was most appropriate.

By moving the vessel I assume the club will be accepting some responsibility for the security of the vessel - so dumping it in a public area would not be appropriate - but so long as it's treated like any other club asset would be then I wouldn't expect the owner to have a claim for any damage caused by a third party - any more than I can claim against the club if my boat is damaged by a third party whilst it is on club property.

The club could start attributing a charge to the presence of the vessel that must be paid by the owner before the vessels release - and if the owner is still not forthcoming after a reasonable time may also be allowed to sell the vessel to recover said costs.

The problem isn't being "Dumped" on the club - it is the clubs problem to start with.
 

Iain C

Active member
Joined
20 Oct 2009
Messages
2,367
Visit site
I disagree. His club is my club. Assuming our moorings are under the same terms, he will have paid a not inconsiderable sum of money to have his gear professionally supplied (to suit his particular boat) and laid. He owns the gear, he rents the mooring position from the club. If he goes elsewhere, he can take his gear with him, and no-one has the right to leave their boat on his gear. He will also be displaying a sticker on his boat saying this his boat, and his boat only, has paid the correct amount to the harbourmaster to allow it to use that mooring. Nothing else should be on his rented spot and his owned gear. End of.
 

fireball

New member
Joined
15 Nov 2004
Messages
19,453
Visit site
He owns the gear, he rents the mooring position from the club.<snip>Nothing else should be on his rented spot and his owned gear. End of.
Ah - now that changes it somewhat - at our club all the gear (excluding the head gear) is owned and maintained by the club - hence it would be a club issue.
With that additional information I think I would be placing the notice on the hobie and contacting other club members to see if I could borrow their mooring for a short period - after which time the owner will either have come forward or I'd be looking to remove the vessel from my mooring gear - to achieve that I'd look to the club for assistance.

This might be slightly relevant ... http://www.inbrief.co.uk/land-law/objects-found-on-land.htm
 

LadyInBed

Well-known member
Joined
2 Sep 2001
Messages
15,224
Location
Me - Zumerzet Boat - Wareham
montymariner.co.uk
The problem isn't being "Dumped" on the club - it is the clubs problem to start with.

Exactly, OP shouldn't assume responsibility for problems that are not in his power to resolve!
If he feels that he can resolve it, then the solution should still be put to the Club to expedite.

Then he should turn his mind to the National Debt! :)

As it appears to be OP's equipment then should a notice of seizure should be put on the craft?
 
Last edited:

davidpbo

Well-known member
Joined
14 Aug 2005
Messages
4,873
Location
Boatless in Cheshire. Formerly 23ft Jeanneau Tonic
myweb.tiscali.co.uk
I don't know whether anyone has said this before but I am surprised that a structure possibly involved in research does not have contact details on it.

Also, could it not have been launched/stolen/cast adrift without the knowledge of the owner and secured to the buoy by someone who found it floating free?

Sorry if someone has already mentioned the above. I have followed the thread for a couple of days but can't remember all the earlier posts.
 

winsbury

New member
Joined
28 Sep 2012
Messages
519
Visit site
I disagree. His club is my club. Assuming our moorings are under the same terms, he will have paid a not inconsiderable sum of money to have his gear professionally supplied (to suit his particular boat) and laid. He owns the gear, he rents the mooring position from the club. If he goes elsewhere, he can take his gear with him, and no-one has the right to leave their boat on his gear. He will also be displaying a sticker on his boat saying this his boat, and his boat only, has paid the correct amount to the harbourmaster to allow it to use that mooring. Nothing else should be on his rented spot and his owned gear. End of.

in that case it seems clear that no permission could have been legitimately granted by a third party, therefore this is preventing him enjoying his own mooring and he should be entitled to compensation from the vessel's owner to cover direct costs incurred plus indirect expenses and I would imagine a penalty payment wouldn't be out of place too. This is a similar situation to illegal parking and the clamping fines levied by private bodies.

Alternatively one could consider it 'illegally dumped' and therefore depending on local bylaws becomes the local council's responsibility to remove.

Another tack would be to consider it a form of trespass in which case the police should have some authority.

If the OP moves it he is likely to be committing a similar offence where-ever he relocates it or at best will incurring additional costs which might never be recoverable. Its therefore imperative to make reasonable efforts to make the offence and compensation requirements clear to the owner before doing anything or getting someone in authority to take it away.

Its the establishment of the owner which is sticking point as there isn't any identification on the vessel however after a suitable notice period that in itself would be reasonable grounds to assume it has been abandoned and could therefore be auctioned off against costs incurred.

Its probably worth a quick call to a solicitor make sure that the above is correct but feels logical to me.

My problem with all this is that yet again the law falls on the side of the criminal - the OP has lost the use of the mooring and will have a great deal of trouble and cost and time to expend before resolving this and if the owner is not located or slips the offending boat away in the dead of night will probably get away with it. Its disgusting.
 

jac

Well-known member
Joined
10 Sep 2001
Messages
9,217
Location
Home Berkshire, Boat Hamble
Visit site
So summing up, it looks as if you are the authority for that particular mooring and will have to do something yourself.

If that is the case, I would suggest that you seek legal advice. Are you a member of the RYA, they have a legal dept who should at least have good marine knowledge. Failing that, do you have legal assistance via your insurance, possibly as an add on.

There have been some interesting suggestions here but given that you will probably be responsible for the hobie until it's disposed of or owner located you need to ensure that you do the correct thing.
 
Top