Saturday, May 14, 2011

BW press release is wrong in fact and law says boaters' website

The interpretation British Waterways is putting on the judgement handed down in Bristol County Court by Deputy Judge O’Malley in March in a 'continuous cruising' case is being challenged by boaters.  

K&A boater, Paul Davies
Picture by Bob Naylor©
A recent posting on the Kennet and Avon Boating Community website says that British Waterways is wrong to imply that the recent court decision in the case of K&A Canal boater Paul Davies sets a precedent and it also says that a BW press release about the Paul Davies case cannot be used by BW to 'threaten people across the canal network with homelessness'.

The story says that a complaint has been made to BW by a boater on the Grand Union Canal following advice from legal experts that says 'the press release is wrong both factually and in law as County Court judgements do not set precedent.'

And it goes on to encourage any boaters who receive a similar letter from BW to complain to the Waterways Ombudsman.

Waterways Ombudsman 
What can be investigated?
Complaints from people who believe that they have suffered injustice because of maladministration or unfair treatment by British Waterways. Maladministration includes:
  • doing something the wrong way
  • doing something that should not have been done
  • failing to do something that should have been done
Disagreeing with a decision taken by British Waterways is not in itself evidence of maladministration, though failure to consider a decision properly can be.

The Ombudsman can consider most complaints which:
  • are referred to her within six months of the completion of the Complaints Procedure; and
  • concern things that came to the attention of the complainant no more than a year before the complaint was made to British Waterways

For more information go to:  www.waterways-ombudsman.org

The Kennet and Avon Boating Community story is at : British Waterways act illegally

Previous related stories on KAcanalTIMES: 

No comments:

Post a Comment