Does anybody here take the Greens seriously?

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First Aspect

Legendary Member
Dan Niedle update. He has responded on his blog to say "The view of our team was that a boat that deliberately moves around a marina to escape council tax would probably be taxed if the point came before a modern court."

So his position now seems to be that the government's advice and VOA approach is inconsistent with the laws. Or at least it might be if it was argued in court which no one is asking to happen.

Now, I don't know if Polanski moved his boat, but if he did the case he is bringing is that he should have taken the VOA to court in order to pay council tax. That's quite a stretch.

Meanwhile a bucket load of boaters are very nervous that they may also get a bill.

Top work.
If the government advice is the stuff on temporary moorings, I'm not sure if there's a contradiction.

The analogy would be for a "continuous cruiser" to continuously cruise by moving along the towpath by the length of the boat.

What is actually enforced is not always the same as what is enforceable.
 

briantrumpet

Timewaster
He's a chancer. Believes he can talk his way through. When I was young "wide boy" was the expression (maybe meaning different these days).

It always worries me when someone can lie easily, even if the lies seem inconsequential. It bemuses me. But then, I am easily bemused.
 

PurplePenguin

Senior Member
If the government advice is the stuff on temporary moorings, I'm not sure if there's a contradiction.

The analogy would be for a "continuous cruiser" to continuously cruise by moving along the towpath by the length of the boat.

What is actually enforced is not always the same as what is enforceable.

The government's advice deals with this specific issue i.e. whether a boat has a permanent mooring based on how often it moves. I posted it before.

How continuous cruising is defined in law and how it is enforced is a debate that has run for at least 30 years. There are interesting elements, but I doubt anyone here cares.
 

laurentian

Regular
The government's advice deals with this specific issue i.e. whether a boat has a permanent mooring based on how often it moves. I posted it before.

How continuous cruising is defined in law and how it is enforced is a debate that has run for at least 30 years. There are interesting elements, but I doubt anyone here cares.

The people I know that live on narrowboats with a continuous cruising licence can stay in one place for two weeks.
 

icowden

Pharaoh
The people I know that live on narrowboats with a continuous cruising licence can stay in one place for two weeks.

The rule - according to the Rivers and Canals Trust is that you should be continuously cruising. This means that you should be moving on every few days and not staying at any mooring for more than 14 days. Most managed moorings (i.e. near to towns) are 5 days or less anyway. Secondly, you should be travelling - so ping ponging between two or three moorings isn't allowed.

Unfortunately enforcement of the rules is quite limited. Ultimately you can be refused a license and have your boat removed from the waterways, but I suspect that seldom happens. I know it's taken years of working with the Evironment Agency, the R&C Trust and the Police for anything to be done about the slum boats and wrecks in the Hampton Court area.
 

First Aspect

Legendary Member
The people I know that live on narrowboats with a continuous cruising licence can stay in one place for two weeks.

Allegedly there's government guidance on people moving between moorings of a marina. I don't think there is, and a cursory Google search throws up lots of solicitors articles about this being a complex area and please pay us for some advice.

This suggests to be honest that PP is right to suggest that his nemesis Dan Niedle is being overly definitive, but wrong that he's gone as far as contradicting government guidance.

Purely on this issue (and not on other complications such as permanence of a person's residence on a bot, availablity for others to use etc) I do also think that Niedle is correct that moving around a marina to evade council tax that would otherwise be due is probably something that would fall in a councils favour in court, simply on the grounds that UK statutes are construed purposively.

If the purpose of a statute is clear but a strict legal interpretation leads to absurdity, the purposive interpretation is adopted. So, assuming (and it is an assumption) that 10 permanently moored boats in a marina would each incur tax, then I suspect a purposive approach would be applied to whether or not they ceased to be "permanently moored" if they all get together with each other or the marina to swap places and try to avoid it.
 
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