Is Rod Taylor now staying?
THE Canal & River Trust marina subsidiary, BWML now says that it will not evict vulnerable boater Rod Taylor from its Poplar Dock Marina if he abides by the terms and conditions of his mooring agreement, writes Allan Richards.
Rod, who apparently only signed his latest mooring agreement last month has been using his boat, Wylam, to run an internet based business it seems. It's hardly selling crack cocaine!
Goal post moving
The letter terminating Rod's mooring agreement written by BWML's Derek Newton makes it quite clear that he is being kicked out because he had the temerity to use CaRT's complaints procedure and (which also applies to BWML). However, a second letter from one of Mr Newton's underlings then says that he will be allowed to stay if he abides by the terms and conditions of his agreement.
Bearing in mind the ‘vulnerable boater' issue, one can understand why the goal posts were moved giving Mr Taylor the opportunity to remain. However, we have to wonder why, having just renewed his agreement, BWML were suddenly so keen to get rid of him in the first place!
Some investigation shows that Rod Taylor has some history of problems regarding trading from a boat.
Boat towed away
It was back in 1992 that Rod's problems with British Waterways began. He obtained a commercial licence and started selling ‘canal ware' from his boat. However, British Waterways attempted to restrict his trade by forcing him to trade away from honeypot sites such as the centre of Birmingham and Stratford-upon-Avon. The dispute rumbled on for years coming to a head in 2001 when BW twice towed his boat away from Brindleyplace.
BW took action in the Birmingham County Court to claiming costs for towing away Mr Taylor's boat, Crete, twice for obstruction. They stated that he was preventing other boats from mooring. Mr Taylor counter-claimed alleging harassment and restraint of trade.
Mr Taylor told the court: "The amount of harassment I have been getting, anyone would think I was selling crack cocaine! This is all about money. The attitude of British Waterways is totally anti-competitive."
£200 damages
Greta O'Shea, representing British Waterways claimed its commercial licence did not allow Mr Taylor to sell goods from his boat or load or unload goods without permission.
However, on the issue of 'towing charges' District Judge Tony Davies found that whilst BW were entitled to move the boat on both occasions as an obstruction, they could not legally sustain their claim to make charges as it was contrary to statute and therefore ultra vires.
The judge also found that Mr Taylor's licence did give him permission to sell goods and awarded costs of £75 plus £200 damages for loss of trade caused by BW management.
Stupid
It would seem to be rather stupid of BWML to retrospectively claim that Rod Taylor is trading from a boat without permission when it has previously stated the reason for his expulsion is that he made a complaint. More so when it comes within a couple of weeks of renewing a mooring agreement.
Hopefully, this has been done to enable BWML to climb down from its decision rather than BWML being concerned that Mr Taylor's small brokerage business is having an impact on their own.
With the petition supporting Rod Taylor now having almost 1,800 signatures and CaRT's Trustees expressing concern regarding BWML's reputation and financial performance, a climb down can not come a moment too soon.