could this be enforced?? on the river

esmerobbo

hartcjhart wrote: »

so does that mean it is not enforecable

Not if they call it a penalty. Civil recovery allows you to recover losses, or an amount for a fair mutually agreed contract.

They would have to prove that by mooring longer then allowed, you entered into a contract to pay a set amount.

By calling it a penalty it is obviously a way of deterring people from mooring, and not an offer to let you moor.

It's a bit like Railway byelaw 14's a real one is enforceable in law, but most PPC's use them as a threat and they can not use or enforce them.

It is more then likely the river authorities do have a byelaw or such somewhere that they could use, but by using a private company they can only go the civil recovery route, and private companies can not fine or penalise you without the relevant laws or statutes, and were they are acting for an authority that does.

fb1969

Any chance of getting a few District Enforcement goons out on the water painting a few white lines.

johnnyrubin

fb1969 - Depends who's paying. I'm sure that somebody could sit down and write out a protocol. might take a few months of tax payers money though.

hartcjhart

so before I go stuff the info that it cannot be enforced up the boaty persons bottom, is it enforceable yes no

Guys_Dad

If it's near the mouth of the river on the coast, you will be in danger of being charged with "Parking inside a Bay" rather than the opposite.

Ok Ok, I will get my coat.

hartcjhart

so is this wording making it un-enforceable
The trial will look at applying the same civil
enforcement rules used to monitor parking in private car
parks to our moorings.

Coupon-mad

hartcjhart wrote: »

so is this wording making it un-enforceable
The trial will look at applying the same civil
enforcement rules used to monitor parking in private car
parks to our moorings.

There are no 'civil enforcement rules'. District Enforcement are having a laugh and trying it on in the name of a new money-spinner for them!

However, they have been known to try the odd small claim so no-one can say 100% that they would not try, and that some dozy judge might find in their favour.

hartcjhart

now it looks like henley is trying it on,is this sign legal,as there are no t&c's at all

kirkbyinfurnesslad_2

Am awaiting an foi request

Computersaysno

£500...that's got to be a record??