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winging it View Drop Down
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Post Options Post Options   Quote winging it Quote  Post ReplyReply Direct Link To This Post Topic: Boat disposal
    Posted: 15 Jul 09 at 4:21pm
This week I received a letter (recorded delivery no less) from a well known outer London club telling me my contender 473 had been found in the boat park with no membership sticker on it and no record of any fees having paid since winter 2007.  The message was basically, pay all you owe or you boat is matchwood.  All well and good, but contender 473 went from London to Oxford as soon as my winter membership expired, and now resides somewhere in North America, having been exported there last summer.

Clearly the club in question is acting properly in trying to rid its dinghy park of the countless unpaid, un-sailed boats that clog up dinghy parks all over the country, but obviously this is a case of mistaken identity, so whose boat is it that is about to be chain saw massacred?  How does the club find out?  And where do they stand legally if they destroy the wrong boat?

Obviously the owner is at fault for not displaying a sticker and therefore probably not paying fees, but life is never as simple as that, is it....


Edited by winging it
the same, but different...

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Jamie600 View Drop Down
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Post Options Post Options   Quote Jamie600 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 09 at 5:41pm

 

Tricky one - personally I think destroying it is a little harsh for non-payment, bit like the death penalty - very hard to reverse if you have got it wrong!

Unless the member in question has signed something in the membership agreement specifically saying that they agree that boats can be destroyed for non-payment of fees, I'd say they could reasonably claim for the value of the boat, less the amount of the outstanding fees.

I think this has been discussed before, but I think a fairer solution would be to sell the boat, subtract the unpaid fees and forward the difference to the last known address. Or if there is a shortfall, persue them for it through the small claims court

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Post Options Post Options   Quote Rupert Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 09 at 5:49pm
Sure you didn't export the wrong boat?!
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Lukepiewalker View Drop Down
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Post Options Post Options   Quote Lukepiewalker Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 09 at 6:29pm
They are threatening to destroy it, which is slightly different to actually destroying it (although I could be wrong). History has probably taught them that in the situation they 'believe' they are in they need to go in with the big stick.
This year our commodore (it is a small club) phoned round people and offered to tow their boats home for them, which cleared a few out of the boat park. Mind you I believe Scottish Law is a bit different in such respects.
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Post Options Post Options   Quote Jamie600 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 09 at 6:58pm

 

That's another option I guess, if they have not paid to store the boat at the club simply deliver it to the owner's address. Or just push it out of the club gates onto public land, depending on how mean you feel!

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Phil eltringham View Drop Down
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Post Options Post Options   Quote Phil eltringham Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 09 at 8:12pm
The club can't dump it on public land, that would be fly-tipping, and the club would be breaking the law.  The local council, i am sure, would be far quicker and more expensive in their action. 
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Post Options Post Options   Quote bert Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 09 at 8:39pm

Most club rules allow for the sale or distruction of boats with unpayed fees after a predetermined time limit & you accept this when you join.

It is proberly writtern in the joining terms & conditions.

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Mikey 14778 View Drop Down
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Post Options Post Options   Quote Mikey 14778 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 09 at 10:03pm
Chopping up a boat is stupid, and apart from anything else, the club would have to pay to dispose of the remains. It makes
far more sense to sell the boat for whatever the club can get for it. Then subtract the outstanding fees and a charge for
all the aggro, and if there's anything left then the owner is entitled to have it (if he bother to ask). That's what we do
at my club.

First off though, the club generally has to use all reasonable endeavours to notify the owner. In this case it looks as
though they've got the wrong man and it would be helpful if you told them this so they can have another bash at it.

If they sell/destroy a legitimately parked dinghy, they are in deep doodoo.
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Late starter View Drop Down
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Post Options Post Options   Quote Late starter Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 09 at 10:09pm
The RYA publish advice to clubs on actions to take when boats are abandoned. Its all fairly common sense stuff, eg trying to notify the owner first,  and if this doesn't work then ensuring that the best price possible is achieved in selling the boat and retaining any club fees that are due from the amount achieved with the remainder going to the boat owner where possible. In practice we're never had to go this far at my club, as in most cases someone has known who the owners were and a quiet word of warning has sufficed. I think we have destroyed abandoned boats before, but only when they're in the flowers growing through the hull stage so are only fit for 5th November!
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Post Options Post Options   Quote Guest Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 09 at 10:15pm
I doubt they are threatening to destroy it; no doubt the club would aution it to recover unpaid parking fees...
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