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Paladin

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Paladin last won the day on February 15

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About Paladin

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  1. No trace of it on the Charities Commission web site, that I can find. From the Salhouse Broad web site: The site is managed by the landowner, Henry Cator, and the Salhouse Broad Rangers, as a sustainable business. Henry knows the importance of protecting the Broad’s past, whilst also meeting the needs and challenges of the future. Management therefore focuses on maintaining and improving the visitor facilities at Salhouse Broad, whilst retaining its value for wildlife, heritage and community. To that end, income generated by the Broad goes back into the upkeep, maintenance, conservation and improvements to access of Salhouse Broad. Ironically, had the family not taken it back from the Broads Authority a few years ago, the current costs would be borne by the toll payers.
  2. My concern is not about getting any sort of discount. But the disinformation being put out by the BA is nothing short of disgraceful. To say that Section 16 doesn't apply to private boats is simply not true!
  3. That is the case of Broads Authority v Fry [2014]. The final judgement can be read here. Mr Fry's case did not rest on the Section 16, which was never even mentioned. If it had, he would still have lost, as his vessel was in use for residential purposes.
  4. I have found this definition of 'carrying on a business' in Nolo’s Plain-English Law Dictionary: "A routine and continuous involvement in an activity undertaken for the purpose of making profit." The Act doesn't define, and therefore doesn't limit, the nature of the business that is to be carried on, only that the vessel is moored "on waters occupied or customarily used by a person carrying on a business". So the business could be, and this list is not exhaustive, hiring boats, letting out moorings, providing boat repair services, fuel etc., or any combination of those activities.
  5. Broads Authority Act 2009: Section 16(6)Nothing contained in or in force or done under the specified provisions shall apply to any vessel which— (a)is not for the time being in use for the purposes of navigation, or for residential or commercial purposes; (b)is moored on waters occupied or customarily used by a person carrying on a business; and (c)is so moored for the purposes of being serviced, repaired or stored by that person or of being sold or offered or exposed for sale by that person (whether acting as principal or agent).
  6. Either it’s very poor reporting or it's a very disingenuous briefing by the BA. “The Broads Authority has asked the government to offer “urgent financial support” after it was forced to suspend hire boat tolls during the coronavirus outbreak.” It wasn’t forced to do anything of the sort. The BA has admitted being proactive in reminding the hire companies of the exemption contained in Section 16 of the 2009 Broads Act. It didn’t have to do that and the hire companies will still have to apply for the exemption. It’s not automatically applied. “The Broads Authority (BA), which is responsible for maintaining Norfolk’s network of waterways, has activated a clause in its legislation allowing hire boats out of use to be exempted from tolls.” They haven’t activated it. It’s been active in the legislation since 2009, and has been usually been applied when private boats go into a yard for work to be done or to be sold. "However, the BA confirmed that the same rule could not apply to private boaters…" Yes it can. The exemption clause doesn’t mention whether it applies to hire boats or private boats. As long as the conditions in the clause are met, it can apply to both.The exemption applies to tolls, insurance and Boat Safety Certificate. I doubt whether hire boats are individually insured, which gives considerable weight to the argument that the exemption can apply to a private boat.
  7. There is no ban, on CaRT waters or the Broads, to prevent those who live on their boats from moving their boats. CaRT has simply made it easier for them not to have to.
  8. I would imagine the boater on the canal lives on his boat. The journey he is making may well have been within the terms of the government's instruction, so why would anyone criticise, without knowing the details? An hour ago, on the HSC web cam, I saw a motor cruiser making its way downstream through Horning. I only mention it now, in response to your rather aggressive post. I'm sorry you have such a low opinion of some of your fellow forum members.
  9. I just hope the Broads Authority take note of this comment.
  10. Lots. See p.3 of attached pdf. Organisation-Chart-06.02.20.pdf
  11. Short visit tolls are only for periods of up to a total of 28 days in any toll year, so pretty irrelevant to this discussion, I think. Perhaps to level the playing field, as there is a blanket ban on all unnecessary travel and all boats (other than those being used as residential accommodation and continuously cruising) are locked in, we could all be given a tolls holiday, until the lock is undone. Then we would all pay an annual toll. To those who say it would be too difficult, just remember the extraordinary efforts the BA went to when they created a whole new tolls system to hammer motor cruisers, and the huge consultation exercise for the re-branding. Where there's a will, there's a way. It's just so obvious that the 'will' bit is missing.
  12. While I agree with your sentiment, it is not within the remit of the BA to get involved with financial support of this kind. That is down to central government. I think you should prepare yourself for being very, very unhappy, further down the line. The BA has a long track record of bending the rules to breaking point, when it suits them.
  13. I have had a reply from Dr Packman elsewhere. In view of the serious implications, I'm reproducing it here, together with my response. "Yes you are correct in the fact that the waters are adjacent waters but Section 16 Exemption of certain vessels sub section (6) states: Nothing contained in or in force or done under the specified provisions shall apply to any vessel which— (a) is not for the time being in use for the purposes of navigation, or for residential or commercial purposes; (b) is moored on waters occupied or customarily used by a person carrying on a business; and (c) is so moored for the purposes of being serviced, repaired or stored by that person or of being sold or offered or exposed for sale by that person (whether acting as principal or agent). I hope that helps ." Thank you JP, but, no, that doesn't really help. Paragraph (a) applies to all the private boats as well, as they are effectively prohibited from being used for the purposes of navigation by government edict. Paragraphs (b) and (c) must be read together and have, historically, been interpreted as meaning, for example, if I can't toll my boat because it needs work to pass the BSS, I can put it into a yard for the work to be done without breaking any law. It all revolved around the service/repair/storage/sale etc being provided for a third party in the course of business. Are you now saying that that interpretation is being re-interpreted? I suggest that, if that is the case, you may well find that private boaters expect you to be similarly creative and apply Paragraph (a) to all those private boats which are moored in commercial premises, which are similarly prohibited from navigating, even to the extent of taking advantage of that section themselves and claiming exemption from their tolls until the embargo is lifted - which could conceivable be next year. I suggest that (a) could be used as a defence against any prosecution brought by the BA.
  14. JM, yes I can speak for myself and thought I had replied. Obviously forgot to press the 'Submit reply' button Second attempt... The BA will enforce it on me, won't they? In these circumstances? Sauce for the goose... It is not for the BA to provide respite or relief. That's down to the government, who have imposed these restrictions. Or perhaps the marinas taking our money for moorings for boats we can't use should be giving us a rebate. Oh yes, and some of those marinas will be the same ones that the BA is thinking about giving relief to. It's not that I'm unsympathetic - some of my friends are in dire straights, having lost their source of income overnight, but deliberately failing to collect a due toll could be regraded as spending that money, which should be going towards the navigation, on giving relief. I don't think that is something that comes with the Broads Acts. It used to be called the Bank of Mum and Dad. Now it appears to be the Bank of the Private Boater.
  15. Not quite right, IMO. If the yards also have boats there that do not belong to the yard owner, for example they rent out moorings to private owners, the yard becomes 'adjacent waters' under the 2009 Broads Act and a toll is payable on ALL the boats kept in the water there.
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