Should I moor on the payable moorings? Some brief guidance and advice.

July 12, 2024 NBTA London 1 Comment

This guidance is to help you to decide whether to moor on the chargeable moorings or not. If CRT charge you for mooring without booking, contact NBTA Caseworkers for help.

For more detailed guidance, including case law and foot notes, see here

I’ve already decided to moor – what are the basics I need to remember? Brief Information

CRT’s ability to issue charges is untested. They state that they will charge double the nightly cost for any boat that stays without paying. It isn’t known if they can uphold this (see [link] for more info).

Stick to the British Waterways Act 1995: do not overstay the 14 day limit unless reasonable, use your boat for bona fide navigation, have a valid BSS, have insurance.

Check that mooring is available on CRT’s website before mooring on the chargeable mooring. If it is fully booked, don’t moor there. Be respectful to other boaters who may have paid.

If you say that you are mooring there in protest or there are clear signs which state the charges, then then CRT could argue that you have agreed to the terms and conditions of mooring there. This may make it easier to charge you.

Hiding index numbers is against the 1975 BW byelaw. However, CRT do not have the power to refuse you a licence for not displaying your index number. If someone doesn’t display an index number, it is harder for CRT to know who is moored on the chargeable mooring and therefore to send emails to them.

Do not engage in conversation with mooring rangers.

If CRT move beyond threats and do issue a charge, contact the NBTA London caseworkers: https://nbtalondon.co.uk/resources/contact-nbta-caseworkers/

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Should I moor on the payable moorings? More detailed guidance

July 12, 2024 NBTA London 1 Comment

This detailed guidance is to help you to decide whether to moor on the chargeable moorings or not. If CRT charge you for mooring without booking, contact NBTA Caseworkers for help.

For less detailed guidance, see here.

I don’t know whether to moor there – what do I need to consider? Detailed Guidance

Can CRT Charge me?

CRT claims it could charge a fee for breaking the T&Cs and ignoring their signs. They haven’t issued any extra charges to boaters for ignoring their signs.

CRT are claiming that they can charge double for mooring on chargeable moorings without booking. This has not been tested. We believe it to be unlikely and as far as we are aware, no charges have been issued for overstaying before. However, mooring will be at your own risk.

If no signs are visible clearly saying what the restrictions are, CRT will not be able to charge boaters for staying there. If signs are visible, it can be argued that the boater is entering into a contract with CRT by mooring there. In ‘Parkingeye Ltd v Beavis (2015), a motorist’s appeal against a charge was rejected because there were plenty of signs stipulating the length of stay and the penalty¹.

Similarly, if a mooring ranger tells you to move, it can be argued that by remaining there the boater is entering into a contract with CRT. If you were to tell a CRT employee that you are moored in protest, you would be acknowledging that you know about the chargeable mooring and so also be entering into the contract. However, you should only feel compelled to move if safe and able to do so.

If you mooring on a chargeable mooring doesn’t stop another boater who has paid, then CRT can not issue a large fine. In the Parkingeye Ltd v Beavis 2015 court case, the judges ruled that a charge collected needs to be in line with the loss incurred. This suggests that if you cause CRT to lose money by mooring in a spot someone else has paid for, they will be able to charge more than if you had not caused them a loss². Take a screenshot of the available booking online and of the empty spaces so that you have proof of this.

The booking website will show you if there is limited or no availability on the chargeable moorings (amber or red). If it is red, we do not advise that you moor there. If it is amber, make your own judgement about whether to moor there.

CRT cannot legally issue fines which automatically take money from your bank account. They might be able to send a penalty charge notice to your address.

Can CRT take away my licence if I get a charge and don’t pay it?

Mooring on chargeable moorings without paying should not affect your licence. It is a breach of your licence Terms and Conditions.

Legal advice states that CRT that cannot refuse to relicense your boat so long as you satisfy all the conditions of section 17 of British Waterways Act 1995³ (Not staying more than 14 days, the boat is used for bona fide navigation, has insurance, and valid BSS). Whether you breach the Terms and Conditions or refuse to pay the charge, it is not relevant and should not affect your renewing your licence.

CRT cannot evict a boater only for running up charges that they say are owed to them. In Ravenscroft Vs Canal and River Trust court case (2018), the judge ruled that CRT cannot recover ‘outstanding cost’ from boat owners using Section 8 of British Waterways Act 1983 (one of the eviction notices that CRT issues to boaters)^4.

If I decide to moor there, how do I go about it?

Check that mooring is available on CRT’s website before mooring on the chargeable mooring.
Stick to British Waterways Act 1995: do not overstay the 14 day limit, use for bona fide navigation, have a valid BSS, have insurance.
Hiding index numbers is against the 1975 BW byelaw⁵. If someone doesn’t display an index number, it is harder for CRT to know who is more on the chargeable mooring.
You do not have to engage in conversation with mooring rangers.

If CRT move beyond threats and do issue a charge, contact the NBTA London caseworkers: https://nbtalondon.co.uk/resources/contact-nbta-caseworkers/

Footnotes

¹Parkingeye Ltd v Beavis [2015] EWCA Civ 402: “[28] …charges of the kind now under consideration should be recoverable, provided that they had been brought clearly to the attention of the motorist at the time he made use of the car park.”

²Parkingeye Ltd v Beavis [2015] EWCA Civ 402: “ [12] It will be held to be a penalty if the sum stipulated for is is extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be proved to have followed from the breach.”

³ https://www.legislation.gov.uk/ukla/1995/1/section/17/enacted

⁴ https://www.casemine.com/judgement/uk/5b2897fa2c94e06b9e19e90e

⁵ “No person shall knowingly cause or permit to be concealed a pleasure boat licencce or commercial vessel license required to be displayed on a pleasure boat or commercial vessel in accordance with this Bye-law”,

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Resisting CRT’s controversial Surcharge with a Licence Strike

May 13, 2024 stopboatlicencediscrimination 4 Comments

Stop The Surcharge Campaign members are organising ahead of a Licence Strike. They are asking anyone interested in striking to sign up to the Licence Strike Group – tinyurl.com/licencestrike. Strikers will refuse to pay CRT’s new class of licence fee in protest against an ever-increasing additional charge for boaters who do not want, or cannot afford or find a home mooring.

The strength of this protest action is it has real leverage – a real financial and administrational impact on CRT. The new ‘Continuous Cruiser’ fee is perceived within the community as an attempt to incrementally price itinerant boaters off the waterways. Once enough people sign up to the Licence Strike, if CRT doesn’t back down a strike will be called. A coordinated Licence Strike will have a significant impact on CRT, overloading their enforcement team and costing them dearly.

Early signs are strong. Leafleting and promotion has only begun and already over 300 boaters have signed up. Strike organisers have indicated that the number of strikers are growing of their own accord:

“Boaters can see how divisive and unfair the Surcharge is and they want to strike – some are striking already. The intent is already there in the community – all we’ve had to do is facilitate it as a viable protest action. Our job is to make the strike effective and safe for boaters. There are legal protections we can incorporate. There is protection in numbers. Already more than 300 hundred boaters have signed up, and there’s an entire community behind them.”

“Boaters are being charged unfairly every time they renew a licence. CRT almost certainly aim to increase the surcharge beyond what they have stated so far and destroy our community, and boaters know this. The number of strikers will only grow. Once we have enough interest we will call a ballot and strike. CRT have left us with little choice – take action or they will end our community. We must take collective action to stop the ‘surcharge’. “

Stop the ‘surcharge’ by signing up to the License Strike Group – go to tinyurl.com/licencestrike and complete the signup form. There will be a full description of the strike action and a full ballot to members and boaters before any strike action is taken.

NBTA London needs your support to carry on our work. Please get in touch here if you would like to volunteer with us. Alternatively your donations are vital to us supporting boaters with their legal case work, campaign banners and other printed material as well as events. You can help us with your donations online here

Article, Campaigns, Housing, Newsletter

A history of the collective fight for our homes

May 13, 2024 stopboatlicencediscrimination Leave a comment

The fight to defend our homes is far from new. For as long as land and water are privatised and our right to live on those lands and waters are restricted by private, often for-profit landlordism, people have always fought for our right to live.

In UK’s modern history, we saw this over a century ago when in 1915 the women of Glasgow resisted increases in rent prices. They formed a women’s housing association and in May 1915 some 25,000 Glaswegians joined a rent strike that eventually pressured the government to pass the Rent Restriction Act.

Statue of 1915 Govan Rent Strike Organiser, Mary Barbour, in Glascow

Unfortunately, the rent controls were reversed and another major wave of rent strikes came in the 1930s, when the working classes of London, Birmingham, Huddersfield, Liverpool, Aberdeen, Sunderland, Oxford and Sheffield seized power into their own hands and took strike action, demanding rent reductions as well as overdue repairs. Some tenants fought against intimidation, evictions and violence from bailiffs and police for months. Rent controls were reintroduced with the outbreak of the Second World War, followed by the Rent Act of 1957.

But as the government began inflicting vicious austerity programmes and privatised public housing over the past few decades, the UK has further plunged into increasingly acute housing crises.

This may not be surprising to us, as many boaters may have chosen to live aboard because living on land simply became too expensive. But with much of our waterways remaining under the control of the Canal and River Trust who have unilateral power to set license fees, we are again seeing what happens when the cost to literally live in our homes become unbearable.

But if history tells us anything, it is that we the people have power. More recently, in 2022 we saw this in action with the #DontPay campaign where families across the country pledged to withhold paying unjustly high costs for energy, which contributed to the government’s decision to offer some – if still inadequate – controls and support for households.

While too many decisions impacting our lives are made by just a handful of individuals, we have the power to resist and push for change. Affordable living should be the bare minimum, and beyond that we must continue fighting towards a commons where we all have the voice and power over our homes, our lives and futures.

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New Chargeable Moorings Across London

May 13, 2024 stopboatlicencediscrimination 1 Comment

The CRT announced in the Boaters Update 22/03/24 that they are introducing around 800 meters of new pre-bookable moorings across 6 sites in London this year. The new sites are Kings Cross, Camden, Victoria Park, Broadway Market, Kensal Green and Cowley North, which will be joining Islington, Little Venice and Paddington.

These moorings come at a premium of £25-£35 per night and bring the total mooring space at this price to approx 1,500 meters. 1,500 meters would fit around 95 single moored 50 foot boats. This is an attempt to displace boats from the capital, we have seen already that these chargeable moorings mostly sit empty, so there is no justification for making more unless it is indeed an attempt to move boats out of London.

The eco moorings at Kings Cross and Angel are now £35 per night, as of the 1st of April, new sites at Kings Cross and Camden are also now available to book online. The other new sites will be phased in throughout the year. 2024 is looking to be a bad year for boaters at the hands of the CRT, first the surcharge which -if left unchecked- will threaten our whole way of life, and now these chargeable moorings, which will have a direct and very tangible impact on boaters living in and around London in 2024 and beyond.

CRT are saying that it is less than 10% of London’s moorings that are now chargeable, but all except Cowley are in one 10 mile stretch of central London (to add to Little Venice and Paddington) which will make travelling across that stretch without paying increasingly difficult.

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We must continue to fight the Surcharge

May 13, 2024 stopboatlicencediscrimination Leave a comment

Last April Fool’s Day was the beginning of the Canal & River Trust (CRT) charging boats for not having a home mooring. However, this is no April Fool’s joke!

If this goes unchallenged, it will just be the beginning of CRT using the price of a licence to get rid of boats without home moorings. Each year, the price for boats without home moorings will go up more than for boats with a home mooring. In 2002 British Waterways (the predecessor to CRT) proposed to charge boats without home moorings 250% more than boats with moorings. If we let CRT get away with this, there is nothing to stop it from pricing us off the waterways. CRT has always wanted to get rid of our way of life and this could be the way it achieves its goal. We must not let CRT price us off the waterways.

Most boaters are against this differential licence pricing. CRT’s own survey showed that over 97% of boat owners without home moorings were against the charge and 60% of all boaters preferred options that didn’t charge people for not having a home mooring.

The NBTA, IWA, NABO and others have made efforts to explain to CRT that charging for not having a home mooring is discriminatory, unjustified and unwanted. This has not changed CRT’s mind. CRT will simply not be persuaded by words. Each time, CRT’s arguments are shown to have no substance, just more cut and paste nonsense. We must use the leverage we have at our disposal to show CRT that its best option is to stop this so-called ‘surcharge’ on boats without home moorings.

So what leverage do we have?

Fundamentally, we need to make it more desirable for CRT to stop the ‘surcharge’ than to continue with it. To make it less desirable, we need to hit CRT where it hurts; by undermining its public image and its income.

The best means we have at our disposal to damage CRT’s income is to carry out a licence strike. However, for a licence strike to have an impact, we need relatively large numbers. At the moment, we don’t have the numbers. That’s why it is so important to express your interest in making it happen by clicking this link and signing up: http://tinyurl.com/licencestrike

Other than finances, the other thing CRT holds in high esteem is its public image. The whole premise of CRT’s existence is based on its “charity doing charitable work” public image, and of course its donations are linked to how people view it. This is why it spends millions of pounds on PR events and social media etc*. Therefore, as long as CRT continues with its plan to charge boats for not having a home mooring, we will work tirelessly to undermine its public image. Most of us don’t want to be undermining CRT but as this is one of the best tactics for leverage we have, we must!

We ask that people who are opposed to this discriminatory licence fee increase, join us in leafleting against CRT at the very events and stalls where CRT are trying to improve its public image. Some of us have already had great success and amazing public support in such actions at CRT events. Until CRT backs down, let’s use our leverage, let’s attend its events and stalls and let the public know what CRT is really about!

By using these methods of active influence, together we can stop the discriminatory licence fee increase!

To be involved in the campaign, please email: stopboatlicencediscrimination@gmail.com

*An example of millions spent by CRT on its public image is the £8 million last year on what it calls ‘Community engagement and participation’. CRT’s last financial report states that this comprises ‘engagement and events, strategy and planning, marketing and media.’ See pages 57-58 of the Canal & River Trust Annual Report & Accounts
2022/2023.

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Mooring isn’t anti social

May 13, 2024 stopboatlicencediscrimination 1 Comment

Elmbridge Council on the Thames has announced that it has begun a Public Spaces Protection Orders (PSPO) to fine boaters up to £400 for staying for more than 24hrs, and no return to the borough within 72 hours. The council claims that mooring for more than 24hrs is an anti-social behaviour in itself. The council has also stated that if they are successful, they will encourage other councils to follow suit.

An active NBTA member, with the help of the Community Law Partnership, have put in a legal challenge to the PSPO. This has put the PSPO on hold: https://www.elmbridge.gov.uk/community-safety/public-space-protection-orders-pspos/unauthorised-mooring-public-space-protection

Our way of life isn’t an anti-social behaviour and shouldn’t be treated as such.

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CRT is losing the ‘safety zones’

May 12, 2024 stopboatlicencediscrimination Leave a comment

It’s been over two years since CRT decided to enforce ‘no mooring’ in areas of the ‘safety’ zones; their aim is to clear boats away from parts of the River Lea, yet boaters are continuing to resist. Boaters on mass are ignoring CRT’s ridiculous ‘no mooring’ sites. Thanks to collective boater action, the ‘safety zones’ have clearly failed. For more information about the safety zones: https://nbtalondon.co.uk/3049-2/

News

Easter Regatta in the face of the Surcharge

April 3, 2024 stopboatlicencediscrimination 1 Comment

Hundreds of boaters and supporters alike turned out for this demonstration of community, solidarity and resistance to CRTs plans to dispossess us from our homes on the water. Before we arrived, Paddington Basin was empty, but at the Boaters’ Easter Regatta we’ve demonstrated exactly what boaters mean to the waterways by filling it with life, celebration and a sense of community.

We sincerely hope that CRT will sit down with boaters, drop clearly discriminatory policies like this licence surcharge and ensure that our contribution to the waterways is acknowledged, and way of life respected. However, if they do not, boaters will continue to resist their plans fiercely by making it less desirable to make boats without home moorings pay more.

To make it less desirable for CRT to continue with the ‘surcharge’, we need to hit CRT where it hurts. This means undermining its public image and its income.

To damage CRT’s income, the best way we have at our disposal is a licence strike. However, for a licence strike we need relatively large numbers to have an impact. It is on the cards but we don’t have the numbers yet. Please sign up by clicking the link to express your interest in helping to make it happen: http://tinyurl.com/licencestrike

Other than finances, the other thing CRT prizes highly is its public image. It’s not just that CRT’s donations are linked to how people view it. In addition to that, the whole premise of CRT’s existence is based on its public image: that it is a charity doing charitable good. This is why it spends millions of pounds on PR events and social media etc. But as long as CRT continues with its plan to charge boats for not having a home mooring, we will work tirelessly to undermine its public image. Most of us don’t want to be undermining CRT. However, since this is one of the best tactics for leverage we have, we must!

Therefore, we ask that people who are opposed to this discriminatory licence fee increase to join us in leafleting against CRT, at the very events and stalls where CRT are trying to improve its public image. Some of us have already had great success and amazing public support in such actions at CRT events. Until CRT backs down, let’s use our leverage, let’s attend its events and stalls and let the public know what CRT is really about. Email stopboatlicencediscrimination@gmail.com to be involved in this.

CRT has wanted us gone for a long time now, but we’re still here – our lives may be nomadic, but events like the Boaters’ Easter Regatta show our community is here to stay.

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CRT Makes Intentions for Travelling Boaters Clear with New Surcharge

February 21, 2024 stopboatlicencediscrimination Leave a comment

The latest power move from the CRT is the introduction of a 25% surcharge for boats without a home mooring, a devastating decision which unfairly targets our community of travelling boaters.

As some of us may remember, this is not the first time the CRT – or British Waterways before them – have attempted to implement what is essentially a punishment for living this lifestyle, each time giving a different reason for doing so. This time around, CRT stated that the reason for this surcharge is that they need more income and we use the waterways and the facilities more than those with home moorings, a bogus statement for which they have no evidence; it could even be argued that some holiday boaters travel a further distance than most itinerant boaters.

It seems somewhat hypocritical for the CRT to insist some of us to move more, then say it’s our use of the waterways that means we need to pay more. At the NBTA we believe the most honest reason behind these decisions was given in the 2000s by British Waterways, they said that there were too many boats without home moorings and this proposition of a surcharge would encourage people into moorings- which seems to us is what the CRT is attempting to do here too.

Their increased ‘no mooring’ zones, new chargeable moorings and now a surcharge points toward their deeply concerning intentions for our waterways. They claim they need the income from this surcharge, but it would generate less income per year than their two top earners take in a year. They claim this is about money yet they spend hundreds of thousands enforcing ‘safety zones’.

Before now no waterways authority has ever claimed that we should be charged more to generate income, we assume because it would generate an inconsequential amount, it is no different this time. The CRT is chronically mismanaged, they could generate other much more profitable streams of income if they wanted to. This is not about the money they might make from a surcharge, this is about the gentrification of our waterways, they want to physically restrict our moorings and eventually charge us out of our homes, we are undesirable and not profitable to them.

This decision fundamentally discriminates against our already marginal community. Similarly to the ‘safety’ zones, if we fight we can be a force to be reckoned with. This battle is larger than the ‘safety’ zones, please get involved.

National Bargee Travellers Association – London Branch

Should I moor on the payable moorings? Some brief guidance and advice.

Should I moor on the payable moorings? More detailed guidance

Easter Regatta in the face of the Surcharge

A volunteer organisation formed in 2009 campaigning and providing advice for itinerant boat dwellers on Britain’s inland and coastal waterways