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Post by thebfg on May 20, 2019 22:28:31 GMT
They dont help themselves do they. I wonder when RBC sold the moorings? π
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Post by erivers on May 21, 2019 9:46:45 GMT
All you need to know about District Enforcement Ltd ......... from their own website .... here We furnish your site with signage that meets the required legal specifications, and provide books of tickets together with training and support on the issuing process. Your employee then writes and affixes tickets to vehicles parking within the scope of the advertised contractual parking terms.
So clearly no need to be in breach of any contractual terms before you can expect a ticket!
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Post by Deleted on May 21, 2019 10:04:33 GMT
There was quite a funny situation in Reading where someone decided to put a sign on their boat to say that anyone attaching any form of notice to the vessel was entering into a contract where they agree to pay the boat owner Β£100.
Or something like that.
I like this.
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Post by thebfg on May 21, 2019 10:23:10 GMT
Just turn up at night. The signs are not lit therefore no contract can be formed
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Post by TonyDunkley on May 21, 2019 10:33:57 GMT
. . . . . . The signs are not lit . . . . . . . . . . . . easily remedied with a drop of petrol or meths and a box of matches !
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Post by Deleted on May 21, 2019 15:12:46 GMT
Its been done already TonyDunkley Funnily enough, when I moored at the Tesco mooring at Reading last year, some reprehensible boater removed had removed all of the mooring notices with side cutters and set fire to them.
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Post by TonyDunkley on May 21, 2019 19:07:37 GMT
Not as a means of illumination, it hasn't !
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Post by erivers on May 31, 2019 16:39:32 GMT
The Environment Agency has finally responded to three questions I asked in relation to its disclosure of River Thames boat registration information to the private company District Enforcement Ltd.
I have sought advice in order to respond to your questions, as follows:
1. In the last 12-months, has the Environment Agency ever given Boat Registration Data to District Enforcement Ltd or any other private company or individual other than directly in respect of the management of Agency-owned moorings?
2. Is it Environment Agency policy to provide such data to third-parties providing mooring management services?
3. If so, please provide the instructions given to Environment Agency staff by which they can decide if any such request is made on 'reasonable grounds'
1. Yes, the Environment Agency has provided boat registration details to District Enforcement Ltd and to other bodies with a legitimate need for the details. Since October 2018 the Thames Waterway team has received 19 email requests from District Enforcement Ltd relating to 106 boats. We also receive requests made by the Police investigating crime, by HMRC or DWP investigating fraud or tax evasion, and by Local Councils seeking an address for someone evading Council Tax. All of these purposes are exempt from the usual non-disclosure rules by relevant provisions in the Data Protection Act 2018.
2. Yes, it is Environment Agency policy to disclose personal data in accordance with the law.
3. The guidance to staff processing requests for such information is attached.
The reason we believe this to be a lawful use of personal data is that the legislation governing registration of boats is the Environment Agency (Inland Waterways) Order 2010, which provides at paragraph 10 that where the Environment Agency considers that another body βreasonably requiresβ the data, it can be passed on.
The enforcement bodies operate under contract law, where by stopping and staying on a mooring, a moorer accepts the terms of the contract described on the signage.
Under the GDPR 2018 we must set out how we process personal data, and give to those applying to register boats a notice listing the purposes of that processing. The Privacy Notice included on our Boat Registration forms will be updated to include a statement about provision of personal data where this is allowed by law.
I hope that this is useful and provides assurance that personal data is handled appropriately and lawfully in respect of registered boat owners who moor their vessels on the River Thames.
My own view, for what it's worth, is that this is actually an admission that, up to now at least, data has been supplied unlawfully because of the GDPR legislation that requires data controllers to provide a statement about sharing personal data. Up to now, that has clearly not been the case. In their own typical weasely words:
" Under the GDPR 2018 we must set out how we process personal data, and give to those applying to register boats a notice listing the purposes of that processing. The Privacy Notice included on our Boat Registration forms will be updated to include a statement about provision of personal data where this is allowed by law."
Anyone who has been charged a penalty on the Thames by this outfit as a result of disclosure of their personal details would be well-advised to take the matter up with the Information Commissioner.
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Post by naughtyfox on May 31, 2019 17:18:36 GMT
District Enforcement puts up a sign. You stop to see what it says. BANG! They have got you! That's Β£100 for stopping to read our sign! Isn't 'entrapment' illegal?
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Post by erivers on May 31, 2019 17:26:28 GMT
And the guidance given to EA staff referenced in answer to Q3 is here:
CONSIDERATION OF REQUESTS FOR NLS DATA UNDER IWO ARTICLE 10 (β PROVISION OF INFORMATIONβ )
Extract from the Environment Agency (Inland Waterways) Order 2010
Article 10. Provision of information
(1) This article applies to information which is held by or on behalf of the Agency for the purposes of this Order
(including information obtained by or on behalf of the Agency before the coming into force of this article).
(2) Information may be supplied to a responsible authority for the purposes of facilitating the exercise of the
Agencyβs functions under this Order or any functions of that authority.
(3) Information may be supplied to any person who can show to the satisfaction of the Agency or the
Secretary of State reasonable cause for wanting the particulars to be made available to that person.
(4) Information obtained by virtue of this article must not be further disclosed except to a responsible authority for the purposes mentioned in paragraphs (2) and (3).
(5) In this article, βresponsible authorityβ means any of the followingβ
(a) the chief officer of police for any police area in which the waterways are situated; (b) the fire authority for any area in which the waterways are situated;
(c) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974(9) for any area in which the waterways are situated;
(d) the local planning authority within the meaning given by the Town and Country Planning Act
1990(10) for any area in which the waterways are situated;
(e) the local authority by which statutory functions are exercisable in any area in which the waterways are situated in relation to minimising or preventing the risk of pollution of the environment or of harm
to human health;
(f) in relation to a vesselβ
(i) navigation authority within the meaning of section 221(1) of the Water Resources Act
1991(11);
(ii) the British Waterways Board; or
(iii) the Secretary of State.
(6) In this article, βstatutory functionβ means a function conferred by or under any enactment.
SIMPLIFIED PROCESS (NB. Every enquiry is taken case-by-case on its merits)
1) Does the request ONLY relate to data held in the Navigation Licensing System (βNLSβ)? This system holds data necessary to properly manage the registration and licensing of boats on the non-tidal River Thames. All vessels are required to be registered under the Environment Agency (Inland Waterways) Order 2010).
2) Is the data available from another source, possibly in the public domain? For example, simple registration
data is published on gov.uk & is adapted by third-party websites to provide a quick check of whether a boat is registered & details of the vessel β but not the registered owner).
3) Is there a more appropriate form of request? Consider DPA in the case of a public or law enforcement body
(DP Team have sanctioned use of IWO Art 10 as a valid alternative to a DPA request).
4) Is there no other route available? Such as a private individual β in which case refer to BoatReg. If the data is
required because of an insured β incidentβ we will only provide data to the insurance company.
5) Why is the data being requested? Normally this is to identify a boatβs registered owner, or other information
about the vessel.
6) Is the data requested limited to what is needed to achieve that purpose? Such as to confirm an ownerβs
name only as the registered owner, or a registered address for the issue of mooring charges, legal papers etc.
7) Is it part of a legal process, or for a legal purpose? Normally as evidence in a criminal investigation or
prosecution (by police or other agency), part of another legal process (such as delegated mooring management, which may result in civil action) or something else (like insurance fraud, or returning a boat to its owner).
8) If not a public service or prosecuting agency, are we satisfied as to the enquirerβs legal status? Such as a
mooring management company being directly employed as an agent by the EA, a council or other landowner &
legally charged with collecting mooring charges & seeking to recover debts from defaulters. Recognised entity?
9) Does the enquirer fall within one of the categories outlined in Article 10, or otherwise have βreasonable cause for wanting the particulars to be made availableβ?
10) Have we have had any previous dealings with the enquirer regarding Registered Owners? We may have established the bona fides and working practices of a contracted commercial company.
11) Is the enquirer aware that the data is supplied under the Order?
12) Does the enquirer understand & agree to abide by Art 17 (4) stating that any data received should not be further disclosed? Except in the cases detailed in the Article.
13) In what form/format do they require the information? If their application for data is accepted. Is it secure?
14) Should the request be referred to higher management, or would it be more appropriate to refuse or refer to the Boat Registration Team (NCCC)?
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Post by erivers on May 3, 2021 10:00:08 GMT
Good to see the EA finally (but still only partially) climb-down from their unlawful attempt to allow a private parking company to impose conditions under threat of substantial penalty charges in default. The removal of the ridiculous condition of having to register arrival at any time is welcome but it was never going to be tolerated by most users and would never have stood up in court.
But by now stating they "No return is permitted within 72-hours" they are still in breach of the provisions of the Thames Conservancy Act 1932 - Section 136 - which states that "in respect of vessels using any of the moorings in the Thames belonging to the Conservators (now EA) the charges appointed by the Conservators from time to time save THAT NO CHARGE SHALL BE MADE FOR VESSELS TIED UP OR MOORED AT NIGHT or for a reasonable time .....
A "reasonable time" now seems to have been defined as 24-hours which may be fair enough (although this would still certainly leave room for dispute in certain circumstances such as mechanical failure or personal emergency) but there is no legal basis whatsoever for imposing penalty charges on boaters returning to a mooring for an OVERNIGHT stay.
And, unlike private parking schemes where an independent appeals service is mandatory there is still no such equivalent appeals service in respect of moorings charges against the excesses of District Enforcement Ltd often witnessed elsewhere.
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Post by erivers on Aug 17, 2021 21:35:07 GMT
Weβll surprise, surprise! The EA has now finally climbed down completely with its unlawful and unworkable hiving off its management of Thames moorings to a private contractor, Its contract with car parking cowboys District Enforcement who were threatening Β£100 fines for legally designated βfreeβ moorings will come to an end on 30th September.
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Post by Deleted on Aug 17, 2021 21:45:54 GMT
Read the press release carefully DE have been dropped because EA procurement rules were not adhered to........... Means they could be back if the procurement rules are followed and they come up with the best deal.
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Post by erivers on Aug 17, 2021 21:55:54 GMT
You need to be a little more imaginative and realistic about reading an EA press release. They rarely admit to the full and real reasons especially when their conduct has been challenged as unlawful. Read back at Nigelβs posts earlier in this topic. Such a great pity that he is no longer with us, but his great knowledge and untiring efforts are still reaping dividends.
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Post by Deleted on Aug 18, 2021 7:04:17 GMT
We shall seeπ I am a realist and always go for the worst case scenario, that way I may be wrong but am never disappointed π
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