Never have been allowed to happen
Soon after another member of CaRT staff, unsolicited, told me:
"This accident should never have been allowed to happen."
I asked him to explain and he repeated:
"This accident should never have been allowed to happen."
Again I asked him to explain and he walked away repeating:
"This accident should never have been allowed to happen."
He also knew more than he was prepared to disclose.
Previous incidents had occurred
It was quite clear to me that previous Lock 40 incidents had occurred. September 2012 Waterways Manager, Iain Weston phoned me and said he was arranging CaRT Solicitors to provide me with 2012 Lock 40 Monthly Asset Reports. However, to this day they have not been disclosed.
Initially my only interest was that CaRT carries out Lock 40 remedial work to safeguard boaters. After numerous false promises and deceptions by waterways managers I was forced into litigation, represented by Attwaters Jameson and Hill of Harlow. We pursued CaRT in negligence and under the Occupiers Liabity Act 1957. It was necessary to get a Court Order forcing CaRT to disclose documents that should have been disclosed voluntarily.
Quoting Tony Roome Chairman of Royal Yacht Association:
"Getting Court judgements and resolving disputes with a public authority can be an expensive and time-consuming business, especially for individuals. It's important for the image of CaRT—and this is critical now that it is a charity—that it is seen to exercise its powers transparently, and with discretion and compassion."
Too frightened to cruise again
The former was certainly so, taking four years, seriously affecting the health of myself and my wife who is too frightened to cruise ever again. Our live-aboard lifestyle ruined.
Over the four years of litigation CaRT did not exercise its powers transparently or with discretion and compassion. CaRT did waste charity money by not carrying out remedial work when it was obvious that there were at least six recorded chamber wall hang-up 'trends' at Bank Newton Lock 40.
My insurers declared:
"We don't take up a case against CaRT because nobody ever wins against CaRT."
Within three weeks of the accident the insurers paid out on the basis that our 16 month old live-aboard home was a total loss.
Confirmed suspicion
Many months later, when CaRT were given a Court Order to provide information, I discovered the two CaRT staff had submitted Incident Reports for chamber wall hang-up Incidents at Lock 40 and other locks in the Bank Newton Flight. This confirmed my suspicions that previous Lock 40 incidents had occurred.
The reason why this ledge is subject to hang-ups became clear in July 2013 when I took photos of fresh scarring in the area of Lock 40 ledge. I noticed that above the fresh scarring the North Chamber Wall was six inches out-of-vertical. Closer examination (see attached photo) proved that, being six inches out-of-vertical, it is not possible for the chamber wall to fend a boat away from the ledge. In fact it places the boat on the ledge. CaRT have neither accepted or denied this fact.
Should be kept free of protrusions
CaRT adopted and Approved 'Standard for Public Risk Management' Pages 66 & 67, 'Lock Chambers and Gates must be kept free of protrusions which could cause snagging of vessels'. In my opinion Mr Stammers, CaRT Head of Health & Safety, has failed in this regard.
Remedial re-pointing of Lock 40 North Chamber Wall was carried out 2006 and 2009. Between 2009 and August 2012 CaRT re-dressed the ashlar masonry blocks under the North chamber wall coping stones, about six to 16 feet from the North chamber wall tail-gate quoin. This re-dressing (chiselling off the top edge of the ashlar masonry blocks) and the out of line coping stones above is why the wall is out-of-vertical in that area and the cause of so many boat hang-ups.
(The picture shows the Lock 40 out of vertical north chamber wall with a vertical rope.)