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Post by kris on Feb 6, 2019 12:42:59 GMT
this is an interesting post on London boaters about district enforcement m.facebook.com/groups/73933281285?view=permalink&id=10155744799556286 some of the replys are interesting. In this case it seems like it's a case of same named boat. But it raises interesting issues of how to deal with one of these civil contract/private company issues. I've always thought it best to not enter into an communication with them as they tend to see this as you entering into a contract or at least worth chasing and trying to persuade into giving up money.
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Post by Deleted on Feb 6, 2019 14:19:31 GMT
I wonder how the letter was delivered?
If to a home address, licensing must have furnished details.
Any suggestion on the fb page?
Rog
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Post by Deleted on Feb 6, 2019 14:20:50 GMT
As I understand it District Enforcement have access to environment agency licensing details if required. Not sure about CRT .
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Post by thebfg on Feb 6, 2019 14:46:15 GMT
I cabt respond on that page but christ some of the advice given is awful.
One told them to phone, never phone always write and get free proof of postage.
One said ignore everything.
Which is kind of right but never ever ignore a real court claims you lose by default.
I gave up reading it after that.
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Post by thebfg on Feb 6, 2019 14:52:56 GMT
I did like the fact they talk about being reasonable, when in fact its then being unreasonable with a letter before claim beingvtbeir first contact with the boater.
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Post by Jim on Feb 6, 2019 14:54:09 GMT
Page now gone!
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Post by naughtyfox on Feb 6, 2019 15:49:03 GMT
My grandparents and parents fought in WW2 and now we have this poxy Russian running around slapping parking tickets on everyone. Bit of a cheek.
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Post by Deleted on Feb 6, 2019 15:53:14 GMT
In know. Its terrible. Not as bad as the krauts. They're still talking German. They should be talking English. If we had lost the war we would be talking German !
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Post by Deleted on Feb 6, 2019 19:33:27 GMT
Given the boat under its current owner was only known to CRT, I would suggest CRT furnished the licence holders details. CRT use district enforcement as well.
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Post by kris on Feb 6, 2019 20:01:59 GMT
Given the boat under its current owner was only known to CRT, I would suggest CRT furnished the licence holders details. CRT use district enforcement as well. This is the most interesting aspect of this as far as I can see. So cart make people agree in the new T&Cs, that they can share your imformation with third parties. But surely this contravenes the new data protection laws? Or is it the case of cart getting people to sign their rights away? Something I thought no contract could do, especially as your made to agree to the T&C's under duress.
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Post by Deleted on Feb 6, 2019 20:06:13 GMT
Or enforcement are authorised people and their requests for owner details are authorised under the data protection act.
Rog
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Post by Deleted on Feb 6, 2019 20:08:05 GMT
Given the boat under its current owner was only known to CRT, I would suggest CRT furnished the licence holders details. CRT use district enforcement as well. This is the most interesting aspect of this as far as I can see. So cart make people agree in the new T&Cs, that they can share your imformation with third parties. But surely this contravenes the new data protection laws? Or is it the case of cart getting people to sign their rights away? Something I thought no contract could do, especially as your made to agree to the T&C's under duress. That’s what happens when we all click on ‘agree’
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Post by Deleted on Feb 6, 2019 20:16:55 GMT
Given the boat under its current owner was only known to CRT, I would suggest CRT furnished the licence holders details. CRT use district enforcement as well. This is the most interesting aspect of this as far as I can see. So cart make people agree in the new T&Cs, that they can share your imformation with third parties. But surely this contravenes the new data protection laws? Or is it the case of cart getting people to sign their rights away? Something I thought no contract could do, especially as your made to agree to the T&C's under duress. The ico have been petitioned on CRT 's behaviour, and I understand are in contact with several people regarding that.
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Post by kris on Feb 6, 2019 20:23:58 GMT
This is the most interesting aspect of this as far as I can see. So cart make people agree in the new T&Cs, that they can share your imformation with third parties. But surely this contravenes the new data protection laws? Or is it the case of cart getting people to sign their rights away? Something I thought no contract could do, especially as your made to agree to the T&C's under duress. The ico have been petitioned on CRT 's behaviour, and I understand are in contact with several people regarding that. Good because they need reigning in.
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Post by thebfg on May 18, 2019 10:39:07 GMT
I beleive there was a case of DE verses 8 boaters which was struck off.
One of the easy default defences too. The standard lack of authority.
Anyway here is a post I have copied from face book.
PUBLIC MEETING IN RELATION TO DISTRICT ENFORCEMENT IN READING
Tuesday 21st May 2019 7pm The Jolly Anglers, Kennetside, Reading Bring your District Enforcement issues.
Signs have been put up around Reading over the past 2 years by District Enforcement ("DE") claiming to act for Reading Borough Council. Chestnut Walk is now a no-go area for boaters. Boaters at Tescos moorings have been systematically harassed. Intimidating signs have recently appeared at Blakes moorings (Chocolate Island).
In the recent case bought by DE against 8 boaters DE was ordered to prove that it actually had authority to bring the case and on 1-5-2019 the case was struck out because DE failed to prove that it had any authority at all.
Come to the meeting to discuss the outrageous behaviour of DE.
DE: - claims that it can charge for mooring when in fact s.79 Thames Conservancy Act 1932 (Pubic Right of Navigation, "PRN") permits mooring (without charge) - claims that it can seize boats which do not pay when in fact it MUST engage in due process (Art 6 ECHR) by issuing a claim form in the court, and serve the claim form using the procedure specified in PD CPR Part 55 (i.e. service on the boat); the claim can be defended - claims that it can pursue for unpaid debt of the mooring fee when in fact there is no right to charge this fee at all - claims that it can prevent mooring at some locations when in fact the PRN allows mooring at all locations (and riparians know this when they take title to riparian land) for a reasonable time and in any event in a navigation emergency - engages in bully-boy tactics in patrolling the towpaths, intimidating and harassing boaters when in fact DE (as agent of RBC) must respect the homes of BTs (Art 8 ECHR) - has been boarding boats when in spite of the fact that the Master of a vessel holds sovereign authority on the boat and can arrest someone who boards and/or does not leave immediately on the Master's order - has been seeking to enforce against boaters on the Wokingham side of Kennetmouth when in fact Wokingham Borough Council has informed the NBTA that it has not engaged the services of DE at all.
So what to do? Come and discuss the next steps of action against DE....
RBC, a Labour administration (holding 30 of the 46 seats), instructed DE in 2017 to engage in towpath enforcement. In spite of the fact that the Labour Party manifesto states "We will end ... discrimination against Gypsy, Roma and Traveller communities, and protect the right to lead a nomadic way of life" (page 112) RBC has consistently persecuted itinerant live aboard boaters ("Bargee Travellers", "BTs" in the Reading area for many years. In June 2009 RBC effectively purged Reading of BTs although many members of the BT community have returned. The population of BTs in Reading is over 50. In the Accommodation Needs Assessment conducted by RBC in 2017 RBC claimed that there were fewer than 11 BTs in Reading while simultaneously seeking to evict over 20 boaters from the Tescos moorings alone.
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