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Meantime

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Everything posted by Meantime

  1. Can a helm be a master of a vessel? Its not my Authority Act, its The Broads Authority Act 2009 and it applies to the Master of a vessel, not a minor.
  2. It would be whoever is at the helm and performing the mooring who would be deemed to have entered into a civil contract for mooring. As far as the Broads Authority Act 2009 is concerned, the Master of the vessel means any person whether the owner, master hirer or other person lawfully or unlawfully having or taking command or charge or management of the vessel for the time being.
  3. Whilst I don't believe a byelaw has to have been broken for a ranger with proper authority to demand the Master of a vessel's particulars, arguably he must record that information in some way, and that data should be subject to GDPR and not misused or abused.
  4. It probably would, however the exemption provided by Section 4 Protection of Freedoms Act 2012 gave the right to pursue the registered keeper of the vehicle for the fine whether or not they were the driver. If the registered keeper didn't want to pay, all they had to do was provide the details of who was driving. This won't apply to the BA even if they did misuse the data they have on record for registered boat owners. They cannot force Barnes to pay, and they cannot force Barnes to disclose who was the hirer as Barnes would breach GDPR. For a private owner, if the BA misuse their data and write to the registered keeper, or keepers, they cannot fine them just for being the registered keeper, and likewise they cannot force the registered keeper to disclose who was at the helm at the time. Their best chance of success is getting the details of the helm at the time of mooring, which you are only obliged to provide to a ranger upon them showing if requested, written evidence of his authority, this would eliminate most of the information centre staff who most likely do not have that authority. I would also ask what byelaw has been broken before supplying the information, although I don't believe under the Broads Authority Act 2009 that a byelaw has to have been broken for them to make the request to a Master of a vessels for their name and address. Any Master who fails to give their name and address and if required the owners name and address when properly requested is liable to a fine not exceeding level 4 on the standard scale. But I repeat this has to be a request from a properly authorised ranger who provides written evidence of his authority. If you were unlucky enough to be welcomed by a full ranger at Ranworth, then you would need to give your name and address and in that case, my advice would be to pay the mooring fee. If they haven't managed to secure that information at point of mooring, then they are unlikely to be able to get it after the event, or bring a successful civil prosecution for a MCN.
  5. As a concession to the Car Park Operators, Section 4 of the Protection of Freedoms Act 2012 allows them to chase the registered keeper of a vehicle for payment of a fine whether or not they were the driver, unless they provide details of who was actually driving the car. HOWEVER, that is specific for Parking Contravention Notices. Although the BA are trying to implement similar practices to the car parking cowboys by issuing Mooring Contravention Notices under civil contract law, they are not afforded the right under the above act as it is not a vehicle parking offence. As it is a civil matter the BA have no right to demand your particulars unless it is in relation to a Byelaw offence. Barnes are doing the correct thing in not supplying the names, because otherwise they WILL be in contravention of GDPR data protection law. Link to Section 4 of the Protection of Freedoms Act 2012. The above act made it illegal for car parking firms to clamp vehicles on private land, but as a concession, Section 4 gave them the right to chase the registered vehicle owner for the fine, or details of who was driving. It does not apply to mooring.
  6. Pipe Line doesn't appear to be a public footpath, but a track of some sort. If it is passable to access the Green dotted line (public footpath) then using a combination of paths and roads the radar museum is quite accessible from there and about 2 miles to either end of Horning depending on which paths and roads you take.
  7. Its a what3words location. Click here for location
  8. I suspect because they have had no breakdowns this year. They are not on first name terms with any of the Barnes mechanics, indeed they don't even know if they exist, and hopefully that continues.
  9. The two images below show where the mooring is and the rough route to Morrisons. There are no obvious signs saying it is a mooring, but there is a lack of No Mooring signs there.
  10. It's about a mile walk from the Morrisons mooring. The Coldham Hall Tavern also had a couple of Redwell beers on a week ago.
  11. There used to be a sign there saying something like 2hr short stay moorings but last time I was there that sign had gone. There is no no mooring signs so I presumed them still open and popped to the Redwell brewery tap room. The beer was good and we may have stayed a little longer than 2 hours.
  12. I think the Nisa quickly became some kind of International supermarket. I purchased a pint of milk in the Summer and it was just about in date. Hopefully the Londis has a better turnover.
  13. It was good, good beer! Cannot vouch for the Londis as I haven't been in there yet, but just thought it might be useful!
  14. If Oulton Broad is on the lads agenda I can recommend making the effort to reach The Stanford Arms. See below for today's menu. Also if extra provisions are needed there is now a brand new Londis at the petrol station near Oulton Broad North station.
  15. The only way to get an answer to that would be a freedom of information request. As of the 13th June 2023 no one had received a MCN Mooring Contravention Notice.
  16. No its still there. If I were to search for such items I would use specific search terms on the Youtube site such as Broads Authority and Sutton staithe which would probably give you a reasonably short list of videos. Then I'd look for one that had been uploaded in the last few days from that list.
  17. With regards to your last sentence, I would argue that not all do, only the law abiding ones, and this is where things do get complicated. The Police have the power to seize and possibly crush cars or vans that are not insured or MOT'd. Whilst the BA have certain powers under the Byelaws, they don't have the power to seize and destroy unless the boat is abandoned, which I'm sure no one would want anyway if it was someone's home.
  18. This is where it all gets rather interesting! Since Daniel Thwaites wasn't on the boat he wasn't in a position to agree to enter into the civil contract with the BA. Further he is under no obligation to provide details of the hirer to the BA unless a Byelaw has been broken. As we already know the BA are dealing with this under civil contract law, not a Byelaw. If Daniel Thwaites does provide the details for a civil case when he is not required to, then there is an issue to be considered for breach of GDPR. And finally if the details of the hirer were given out, was he even at the helm, or was he unaware having left the boat in the capable hands of another helm whilst he slept of the results of the dinner time session. In which case the rest of the crew would have to search their collective memories, whilst under no legal obligation, to try and provide the name of the helm who did moor there and effectively enter into, and breach, the civil contract. I'm rather guessing it will come to nothing and just be recorded under the column of hire boat refused to pay, on some BA spreadsheet.
  19. I guess where I'm coming from when I say the BA should be working with its partners to solve the issue, is that as the local planning authority it must have a responsibility. The closest I can come to equating it, is that local authorities have a responsibility to provide a legitimate number of traveler sites and pitches. Liveaboards are I think the Broads based equivalent. The Government has acted and created the Planning Policy for Traveler Sites. One of its stated goals is, 3. The Governments overarching aim is to ensure fair and equal treatment for traveler, in a way that facilitates the traditional and nomadic way of life of travelers while respecting the interests of the settled community. And, some of the ways to achieve this are stated as, b. to ensure that local planning authorities, working collaboratively, develop fair and effective strategies to meet need through the identification of land for sites h. to increase the number of travellr sites in appropriate locations with planning permission, to address under provision and maintain an appropriate level of supply j. to enable provision of suitable accommodation from which travellrs can access education, health, welfare and employment infrastructure I'm not going to go into specifics, but the above is relevant to at least one of the regulars at Sutton. I believe the BA has particularly failed in delivering the following; 10. Local planning authorities should, in producing their Local Plan: a) identify and update annually, a supply of specific deliverable sites sufficient to provide 5 years’ worth of sites against their locally set targets[footnote 4] b) identify a supply of specific, developable sites, or broad locations for growth, for years 6 to 10 and, where possible, for years 11-15[footnote 5]
  20. These things are never as simple as it seems. Firstly are the boat registered and therefore if not how do you serve paperwork to bring a court case? If they are registered they often change hands soon after to another owner and the paperwork has to be cancelled and the process started again. There but for the grace of God, if the BA were successful and managed to get a fine lodged against them, would they be able to pay? Or as is often the case would they agree a payment plan that could be afforded, say £1 per week, which might get paid for the first month and then the BA have to go chasing the fine again. I guess the BA's first and more importantly first course of action is to make the mooring less attractive to overstayers. There are no easy answers. It bugs me when I turn up at Sutton and cannot get moored on the green, and it has definitely got worse in the last couple of years, but at least I do have other options, not least a home to go to. I know there are many who make a lifestyle choice to liveaboard, or to live within their means are forced to do so and generally you wouldn't know who they are. Then there are others with little option but to do it as cheaply as they can, and others who just don't want to conform, but you have to ask your self, if there was a genuine alternative would they be living like it? Its a more complex issue than just the Byelaws can deal with, but I do agree the BA could and should and in fact I think have a duty to do more, even if it means working more closer with the social services departments of the local and county councils the BA executive area overlaps with.
  21. And with that deduction you are probably getting a lot closer to why the posts have been turned off.
  22. Today is the 6th according to my calendar, unless yesterday was Wednesday in which case I must have drank too much as I lost Thursday.
  23. I think that's unwise speculation to link the two. Very little details have been released in the press about the incident at Neatishead, but if it had anything to do with the safety of an electric post they would all be turned off until checked.
  24. I'm guessing a simple email to the BA or a freedom of information request may elicit a response, but it would most likely be denied on operational grounds, if revealing too much about what has been going on could lead to others following suit, that's assuming off course that the posts have been tampered with, which I'm doubting. The person doing the filming was refunded his credit when the post was taped up, so I suspect tampering to be more and more unlikely. I understand why this forum has removed the links to the video, but having watched it I feel it says much more about the person behind the camera, than those being filmed who behaved impeccably. The comment from the person behind the camera in the comments section for the video is also very telling!
  25. This is the BA wording from their post on Faceache. Boating News - Please be aware that our electric charging posts at Sutton Staithe moorings have been temporarily withdrawn due to misuse. We will issue a further update in due course. I cannot find the picture anymore, I think it may have been in the comments section for their post, but they have now chosen to limit commenting on that particular post, make of that what you will!
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