More vulnerable evictions

THE Canal and River Trust's (CaRT's) treatment of vulnerable boaters is again under the spotlight with news that it is to evict an elderly man and woman, who both have cancer, from a London marina, writes Allan Richards.

Rod Taylor, aged 75, and friend Anne Gavin have been given 28 days notice to quit CaRT's Poplar Dock Marina despite Mr Taylor also suffering severe heart failure last year.

Complaint

So what did Rod do to earn to earn his eviction?

Quite simply he had the temerity to make a complaint about CaRT's marina subsidiary, British Waterways Marinas Ltd (BWML). Specifically he complained of its aggressive treatment of customers to enforce unwarranted price increases and one-sided contractual changes.

Mr Taylor took his complaint via the the two stages of CaRT's complaint procedure to the Waterways Ombudsman. The Ombudsman decided that issues were outside the remit of the scheme and required the decision of a court.

Legal muscle

However, despite saying that his small claim made against BWML had merit and was not vexatious, the court found against him. Not really surprising, bearing in mind the legal ‘muscle' that CaRT can bring to bear on such in cases!

He says he intends to appeal despite his poor health.

BWML's managing director, Derek Newman, has signed a letter (dated 3 February 2014) that the boats Wylam and Nova Cura must leave Poplar Marina by 31 March 2014 due to the disagreement.

However, the Poplar Dock Community Association (PDCA) (of which Rod Taylor is a founder member) say CaRT and BWML are abusing the mooring near-monopoly they enjoy, particularly in the London area. Specifically, they assert:

Denies security

The 28 day termination clause is anathema to the concept of a 'residential' mooring and denies boat owners any security.

BWML is alienating existing and potential new customers through aggressive and intimidating practices both at local and senior management levels, and has never properly addressed complaints of bullying which included a letter from one customer's local MP. A genuinely commercial enterprise cannot afford to treat customers with the contempt experienced by BWML customers in many of its marinas.

BWML is damaging the CaRT brand in the long term, and is acting counter to the charitable aims of the parent charity. By extension, and through corporate responsibility for its subsidiary, the Canal & River Trust is denying customers their fundamental substantive human rights in terms of freedom of speech, a fair trial and housing rights.

Rights for boaters

PDCA have started a ‘rights for boaters' campaign which calls for:

• An urgent Office of Fair Trading enquiry into the London moorings market, the CaRT's dominant market position and apparent monopoly over mooring supply.
• National statutory protection for liveaboard boaters.
• The Waterways Ombudsman's brief to be extended—to provide contractual oversight/protection for boaters, and to apply greater penalties when finding in favour of complainants.
• For price transparency, genuine consultation and an objective conciliation process between C&RT, BWML and customers.

Profits slumped

BWML's pre tax profit for the the year ended 31 March 2013 slumped to £92,843 compared with £879,929 the previous year. Now it seems the Trustees intend to put the subsidiary under the microscope.

At a board meeting on 21 November 2014, Vice Chair, Lynne Berry, requested periodic reviews of BWML's performance in order to better assess its financial, operational and reputational impact.

Not before time!

Own goal

With over 5,000 having signed a petition asking CaRT to ‘Stop evicting disabled elderly and vulnerable boat dwellers', the Derek Newton letter represents a spectacular own goal.

How could he evict a vulnerable boater for making a complaint?

CaRT should stop saying they are considering options and appoint a welfare manager immediately!