BWML acted lawfully

THE Waterway Ombudsman, Andrew Walker, has ruled in favour of British Waterways Marinas Ltd, (BWML) with regard to a complaint brought by the Poplar Dock Community Association and that of an individual customer at Poplar Dock Marina, BWML Operations Director, Darren Bramhall writes.

The Ombudsman concluded that BWML was acting lawfully, able to apply the commercial fees that it sought, apply additional charges if craft exceed stated dimensions, and was acting wholly in accordance with the terms and conditions.

Persistent difficulties

Due to persistent difficulties in developing a satisfactory working relationship with a customer in our Dockland marina, who has continually breached the terms of his agreement, BWML took the decision to terminate that mooring contract. This followed several years of defending costly complaints about commercial business decisions; complaints that were proven groundless by both the Ombudsman and a court of law. The decision taken by BWML to terminate any contract is a last resort and since BWML was formed in 2004, we have only had to apply this in a very small number of instances

Substantial time and finance has been invested by BWML to find a satisfactory solution to resolve these breached terms and a small business like BWML cannot devote disproportionate resources to persuade a single customer to comply fully with the rightful terms the customer signed to comply with.

Complaints procedure

BWML is a subsidiary of CRT, however we are required to operate at arm's length and we manage a commercial marina business. We make available, if required, a complaints procedure for our customers

We have operated totally within our terms and conditions and this unfortunate action was a necessary business decision, however hard that may sound. For many years, BWML has tried very hard to explain the need for compliance with the agreed exchanged contract terms and conditions. It is only reasonable that both parties, when these contracts are exchanged, agree to the compliance.

The recent court judgement confirms that it is not unreasonable, therefore, for BWML to expect it customers also to comply with the laid down terms and we should not be expected to see breach of contract taking place continually. BWML is a commercial business which survives on operating profits and margins; if the actions of a customer put these margins at risk we have a right to protect our business position. Failure to do so would question our competency to manage the business for every other customer who complies with the exchanged terms.

Consistently in breach

We have served notice on a customer in Docklands who has been consistently in breach of, and constantly challenged, the terms and conditions he has signed up to.  The customer is still in breach of these terms and conditions despite the fact that they have been upheld by an independent Ombudsman and a court of law.  If he wants to remain moored at this location then we would need his written assurance that he would stick to the agreement he has signed with us, just as all our other customers.