No compensation for Breach victims

REGULAR readers of narrowboatworld may well remember the story of the Bridgewater boaters who were left trapped in the Trent & Mersey breach, having to make their own way along the Manchester Ship Canal to Poloma Lock.

They had obtained a Canal & River Trust licences, but it made little difference, and so the saga continues as outlined by Frank Hurst.

Completely ignored

Doug Wildman and fellow boater Tony, now released from the breach have returned to their moorings on the Bridgewater Canal and are claiming compensation for their navigational expenses for the trip. Writing to the office of Mr David Baldacchino on the 30th of October and a couple times since had produced no reply, so Doug emailed again as his initial contacts and two phone calls plus two emails had gone unanswered, and though he stated he would like  to commence a complaint as he wrote to CaRT over three weeks ago, but still no reply.

So you can imagine the surprise on the 22nd November when Mr Baldacchino replied via email, but Doug was sad to see that all it stated was an apology for not contacting, but would do so either that day or the following.

So the swift action by CaRT continued.

Finally later that day Doug informs us Mr David Baldacchino called and stated he would send the long awaited reply on Monday. He was sorry that it had taken so long to reply to the claim but he had thought long and hard about it and would consider it 'unfair' to the other boaters if he paid it. He told Doug the he realises that it was not the answer he was looking for! He advised him that he would not achieve anything by carrying on with the claim.

He then asked Doug to consider that letter before pursuing the claim or the complaint further, Doug agreed to this. However, he stated:

"I feel at this time that I will still continue with my claim and my complaint for shoddy treatment. I do not consider my claim excessive, and if he wants to be fair he should pay all the boaters expenses."

Seven boats

Another interesting point came up in the telephone conversation, with Doug stating that he was told there were seven boats that went the Pomona route, yet when he spoke to the office at the time he was arranging their exit from the breach he was told 'no one else wished to go that route as it was considered too daunting.'

Doug has now received the letter from Mr Baldacchino in which he states his reasons for the denial of his compensation claim, which basically is some boaters wanted to escape via Ellesmere port, total cost to CaRT £28, and he considered it unfair to all boaters to compensate the others at a greater rate who wanted to go Via Manchester and Pomona Lock, but he has offered to pay Doug the same rate of £28 and £50 to settle his complaint, but this is unacceptable.

The reason

Doug and Tony's reason being they did not want to travel 98 miles and 108 locks, a journey of over eight days at more than seven hours a day, which would have been very difficult to complete before the winter stoppages started, when the route from Weston Marsh Lock to Pomona Lock up the ship canal was 25 miles and four locks which took just seven hours to reach their moorings on the Bridgewater Canal.

This was more expensive in navigation charges than the Ellesmere Port route, so you can guess why CaRT did not choose that route and abandoned anyone who did go that way.

No guarantee

The most disturbing aspect of this case is the attitude of CaRT to its licence holders. Mr. Baldacchino wrote that the terms of the licence do not guarantee navigation, and do not accept liability for costs or damages, but is provided in goodwill.

Well we all now know where we stand, your licence guarantees you nothing, the Sale of Goods and Services Act seems to be a stranger to CaRT, it as a navigation authority and a Highways authority seems to have no responsibilities to you and does not guarantee you any navigation or anything else, and what they do provide seems to be only in goodwill, and in this case even that is lacking.

Were tested and failed

CaRT had an opportunity here to show the boating community what they could do when they were tested. They have failed and squandered a vital opportunity to start a new relationship with the boating community.

So Doug and his fellow boater Tony are left to pursue their claim currently through the complaints procedure, I feel there are ample grounds and precedents to ensure a result in the courts but it is a disgrace that it has to come to this in the first year of the new waterways authority.