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  1. Let me make the question simpler, the licence is statutory, but the trust are claiming their licence contract can override statute and any breach of this contract permits them to cancel this statutory licence. I don't see how this can possibly be lawful.
  2. Yes, same organisation. Just checking.
  3. Can anyone advise on if these contract terms are in line with the data protection act or any other legislation ? 7.8 You agree that we may provide your relevant personal details including your contact details such as your name and address to any person (or the insurer of any person) who we believe has a reasonable interest in an incident or alleged incident involving the Boat which will generally be the case where for example personal injury or damage to property may have occurred. 7.9 You agree that where we believe you have failed to comply with the Conditions, we may exchange information relating to you and/ or the Boat with third parties who are assisting us in managing the situation such as contractors, mooring providers, individuals or organisations with a legitimate interest or duty in exchanging information about you.
  4. Can I also direct you to this explanation, I have no connection to the organisation on the website. Nigel Moore is the man who took BW to court and won, he is probably the foremost expert on waterways legislation there is. http://http://kanda.boatingcommunity.org.uk/tag/nigel-moore/
  5. There is the problem, the meaning of this section is disputed, the Trust only quote part of the section but it also says " Subject to this Act and to any such enactment as is PART III mentioned in the last foregoing subsection" when this is taken into context what is the outcome ? The section in full. 43.-(1) Subject to this Act,- (a) all charges schemes under Part V of the Transport Act, 1947, shall cease to have effect, and (b) no local enactment passed or made with respect to any particular undertaking so far as it limits the discretion ,of the persons carrying on that undertaking as to the charges to be made by them- (i) for the carriage of passengers or goods, (ii) for the use of any railway, or of any inland waterway by any ship or boat, (iii) for services and facilities connected with the carriage of passengers or goods, or with the use of any railway, or of any inland waterway by any ship or boat, or (iv) for services and facilities in or connected with a harbour, (whether by specifying, or providing for specifying, the charges to be made, or fixing, or providing for fixing, maximum charges, or otherwise) shall apply to the charges of the Boards. (2) Paragraph (b) of the foregoing subsection shall not be read as exempting the Boards from any local enactment so far as it expressly provides for freedom from charges or other- wise prohibits the making of any charge (3) Subject to this Act and to any such enactment as is PART III mentioned in the last foregoing subsection, the Boards shall have power to demand, take and recover such charges for their services and facilities, and to make the use of those services and facilities subject to such terms and conditions, as they think fit.
  6. No, that section is the statutory conditions for a licence, 1, a boat safety certificate, 2, insurance, 3, a mooring or the intent to not stop in one place for more than 14 days.
  7. The 3 pre conditions for the issue of a licence are stated in the 1995 BW act, section 17, that act says a licence must be issued if those three conditions are met, it says nothing about contract terms.
  8. My correspondence with them has been minimal and polite, and my questions simple to answer, though I'm sure they would use this policy to stop me, they are a thoroughly dishonest organisation.
  9. I live on a canal boat, for which I am required by the 1995 British waterways act to have a licence, the licence is a statutory requirement, British waterways was changed to a charitable trust some years ago but the legislation that governs licences has not changed, the trust is now falsely claiming that this licence is now a contract which they can add their own terms and conditions to without any recourse to parliment, and can cancel at any time they choose if the boat owner breaches any condition they have invented. The trust has now " re interpreted " the 1962 transport act section 43 and are claiming this gives them the authority to do anything they want, but they can't hide the fact that licences for boats on their waterways were not invented until 1975, and a public right of navigation existed on all their waters until 1968, so whatever way you interpret this section of this act it cannot possibly apply to licences. BW never claimed it had any such powers and post 1962 sought the consent of parliment for four new sets of bylaws, and 11 further waterways acts. The trusts is doing this because the law gives boat owners certain statutory rights which the trust wants to con them out of, many boaters already believe that the licence is a contract with contract terms and conditions, it sounds so right, but it is not true. I have taken the trust to task over this in a reasoned and polite way, they have banned any of their staff from speaking to me, and blacklisted my email and phone, they have also stated to me in writing that they will refuse to issue or renew a statutory licence unless their contract is agreed to, agreement to a contract or anything else is not a statutory pre condition of this licence surely must be illegal, the contract illegal and therefore unenforceable ? I and all other licence holders are being forced to agree to a contract we do not want, which the law states we do not need to obtain a licence, the Trust is blatantly breaking the law, which for them has no consequences, without funding a very expensive judicial review of the legislation we are at a loss to find a way to challenge this.
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