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
1 Parkingeye 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”,