Boat disposal

   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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Lukepiewalker Send Private Message Find Member's Posts Really should get out more Joined: 24 May 06 Location: United Kingdom Online Status: Offline Posts: 1341	Post Options Post Reply Quote Lukepiewalker Report Post Quote Reply Topic: Boat disposal 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.
	Ex-Finn GBR533 "Pie Hard" Ex-National 12 3253 "Seawitch" Ex-National 12 2961 "Curved Air" Ex-Mirror 59096 "Voodoo Chile"

Rupert Send Private Message Find Member's Posts Really should get out more Joined: 11 Aug 04 Location: Whitefriars sc Online Status: Offline Posts: 8956	Post Options Post Reply Quote Rupert Report Post Quote Reply Posted: 15 Jul 09 at 5:49pm
	Sure you didn't export the wrong boat?!
	Firefly 2324, Puffin 229, Minisail 3446 Mirror 70686

Jamie600 Send Private Message Find Member's Posts Really should get out more Joined: 14 Jun 05 Online Status: Offline Posts: 718	Post Options Post Reply Quote Jamie600 Report Post Quote Reply 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
	RS600 1001

winging it Send Private Message Find Member's Posts Really should get out more Joined: 22 Mar 07 Online Status: Offline Posts: 3958	Post Options Post Reply Quote winging it Report Post Quote Reply 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...