2018-19 case summaries

This page includes summaries of completed investigations and will be updated as cases are completed

Case No 1003 – complaint about being evicted from a marina

Mr B moored his boat at a BWML marina. He said that following a campaign of intimidation and victimisation against him by the marina manager, he lodged a formal complaint, but that this led to him being evicted from the marina for breaching mooring rules. While he accepted that he had breached some rules, he argued that another moorer was at least as culpable as he was but had not been evicted.

Although Mr B provided video evidence, I could not agree with his interpretation of the events recorded. I did not consider that he had been treated differently from the other moorer for no objective reasons. I accepted BWML’s argument that he had breached some of the rules, and I concluded that BWML had acted reasonably in evicting him.

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Case No 1001 – complaint about the issue of a 14 day reminder to a continuous cruiser

Ms A, a liveaboard boater, had been sent a 14 day reminder letter stating that her boat had been in the same general area for more than 14 days. She argued that the Trust’s guidance indicated that if she had received three valid reminders in three months she would be subject to enforcement proceedings and would be in danger of losing her home. She wanted the reminder letter to be withdrawn.

The Trust’s position was that as the letter itself was not part of its enforcement process it would not withdraw it.

I can deal with the consequences of events which have happened, but not ones which might happen, but haven’t. Ms A had received only one notice, and even if three notices were issued in three months it would not automatically lead to enforcement action. I could not assume that the receipt of one such notice put her at any greater risk of being made homeless. I said that even if I were to conclude that there had been any maladministration I could not, on the basis of what might have happened but had not, conclude that she had suffered any injustice, and I did not uphold the complaint.

In response to the draft report the Trust pointed out that its guidance no longer referred to three, but to “multiple” notices. I noted the point although it did not materially change my analysis or conclusions. Ms A said that at the very least the Trust should provide her with an apology confirming that her cruising pattern during the period in question was compliant with the legislation and with the Trust's guidance. However, the Trust had at no point said she was not compliant and this did not alter my conclusions.

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