[EMAIL PROTECTED] wrote:
> In message <[EMAIL PROTECTED]>,
> [EMAIL PROTECTED] writes
> >[EMAIL PROTECTED] wrote:
> >>
> >> >>The trouble is BW have no intention of going to court. If they think
> >> >>you are
> >> >>not obeying their rules they will refuse to issue a licence.
> >> >
> >> >Surely then, the person who has been refused a licence takes BW to
> >> >court?
> >> > Bob
> >> >
> >> Ok if they can get legal aid, otherwise expensive.
> >> Is it illegal to with hold a licence?
> >
> >I'm not sure that BW is under any legal obligation to issue a licence to
> >someone who applies for one. (possibly the situation may haver been
> >different before the legal right of navigation on BW waterways was
> >abolished by the 1968 Transport Act)
> >
> >If BW refuses to issue one on what you believe to be unreasonable
> >grounds, I think you might have a better chance of getting their decision
> >overturned if you went to the Waterways Ombudsman (on grounds of
> >either unfairness or maladminstration, depending on the circumstances)
> >rather than going to court.
> >
> You're missing the point. This thread is about forcing BW to court
> forcing them to show what they have documented to support their mooring
> 'rules'. No documentation = rules are invalid.
I don't think I'm missing the point - although I might be making a slightly
different one.
Which is that any talk of taking BW to court presupposes that BW can only
enforce rules that have a legal backing. And if (as I believe to be the case,
but would happily stand corrected) they have no legal obligation to issue a
licence to anyone, then they can simply enforce their own rules (even though
they may not have any legal support for such rules) by refusing to issue
licences to those who don't obey them. As they have threatened to do in the
case of those boaters who have a licence but don't display it - even though it
has never been suggested that there is any law that says you must do so.
Martin L
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