THIS is a summary of what has happened to my boat Tadworth, (the historic big Northwich motor) writes Richard Churchill.
In October 2013 a fully legitimate court order was issued by CRT stating that I remove it from the Trust's waterways, because the licence had not been renewed, which I then did.
Would not issue licence
In October 2014 I contacted the legal and enforcement departments of CaRT, and asked if I could re-licence Tadworth. The reply was quote: 'Having gone through a lengthy process to get a court order for the removal of your craft from our waterways it is clearly not now appropriate that we issue you with another licence.
The Trust did agree to craning out and moving by road, or a two day trip to Brentford Lock and onto the Thames. At no time over various emails discussing various options did they mention that I was free to apply for a new licence at any time, but made it obvious that was out of the question.
Trust had no authority
After some of my own research, and talking to Nigel Moore, and Tony Dunkley who I must thank for their efforts, it became apparent that the Trust's answers were not true, having mis-represented the law and its powers, as the court order did not prevent a new licence being issued, and the trust has no authority to arbitrarily refuse licences.
So I applied for a new licence, and it was granted on 25/02/16, paid in full for 12 months, all the conditions required by legislation were met, boat safety certificate, insurance and a mooring. Yet a short time later this licence was cancelled by an enforcement supervisor claiming it was a mistake, and threatening to seize Tadworth.
Breaking the law
The court order stated in the standard wording of all similar BW/CaRT orders that I could not bring my boat onto their waters 'without prior consent' this is the important wording here, the word 'consent' in this regard is the legal term for a licence, and not the Trust's own permission. Under the 1995 Canal Act section 17 a licence application must be granted if all the conditions are met, a boat safety certificate, insurance and a mooring or abiding by the terms of constantly cruising, the Trust has no authority to arbitrarily decide what is an 'appropriate' licence or not. Cancelling my legitimate licence was now breaking the law.
On 24/03/16 I contacted the legal department and asked why my licence had been cancelled it replied that Tadworth did not meet 'safety standards'. I asked what these standards were via three emails, but relieved no reply. There are none outside of the BSS, and Tadworth has a BSC valid for four years.
Consider licence valid
As of now the licence fee has not been refunded, and I consider my licence, which I have the paper copy of to be valid. If the Trust attempted to seize Tadworth this would be I think an illegal act. An email to Richard Parry's personal email address notifying him that the Trust was breaking the law has been sent, but no reply relieved.
My personal opinion is that CaRT knew exactly what the law is, as it is not hard to understand, and have deliberately I think and unlawfully tried to prevent me getting a licence. It is not credible to me that they are unaware of the basic waterways laws, and licensing system they are employed to implement. All this makes it obvious that the legal and enforcement departments of CaRT are out of control, and acting either incompetently or dishonestly, and certainly illegally. It is noteworthy that the CEO has not even acknowledged my email.