Boat disposal
Printed From: Yachts and Yachting Online
Category: Dinghy classes
Forum Name: Dinghy development
Forum Discription: The latest moves in the dinghy market
URL: http://www.yachtsandyachting.com/forum/forum_posts.asp?TID=5712
Printed Date: 14 Oct 25 at 7:43pm
Software Version: Web Wiz Forums 9.665y - http://www.webwizforums.com
Topic: Boat disposal
Posted By: winging it
Subject: Boat disposal
Date Posted: 15 Jul 09 at 4:21pm
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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.... ------------- the same, but different... |
Replies:
Posted By: Jamie600
Date Posted: 15 Jul 09 at 5:41pm
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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 |
Posted By: Rupert
Date Posted: 15 Jul 09 at 5:49pm
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Sure you didn't export the wrong boat?! ------------- Firefly 2324, Puffin 229, Minisail 3446 Mirror 70686 |
Posted By: Lukepiewalker
Date Posted: 15 Jul 09 at 6:29pm
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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" |
Posted By: Jamie600
Date Posted: 15 Jul 09 at 6:58pm
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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! ------------- RS600 1001 |
Posted By: Phil eltringham
Date Posted: 15 Jul 09 at 8:12pm
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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. ------------- FLAT IS FAST! Shifts Happen |
Posted By: bert
Date Posted: 15 Jul 09 at 8:39pm
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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. ------------- Phantom 1181 AC-227 IC 304 blaze / halo 586 |
Posted By: Mikey 14778
Date Posted: 15 Jul 09 at 10:03pm
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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. ------------- http://www.fireballsailing.org.uk/register/boat_info.php?sail_no=14778 - Fireball 14778 - 'Cruel and Unusual' http://www.draycotewater.co.uk - Draycote Water, fantastic ! |
Posted By: Late starter
Date 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! |
Posted By: Guest
Date Posted: 15 Jul 09 at 10:15pm
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I doubt they are threatening to destroy it; no doubt the club would aution it to recover unpaid parking fees... ------------- |
Posted By: tickler
Date Posted: 16 Jul 09 at 6:01am
| I just wish people would stop buying rotting old GP,s off ebay in the hope that little Jimmy will leave his playstation and become Ben Ainslie. When I hear some old hulk come rattling down the track on a "bed iron" trailer I just know that by the following season it will be nettle fodder. Fees or no fees. |
Posted By: RS400atC
Date Posted: 16 Jul 09 at 8:42am
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These are possibly the abandoned boats that were ebay'ed by clubs? Loads of us learned to sail because our parents bought Ent's and GP's. I think some newomers need more guidance away from derelict wooden projects though! we can't expect everyone to start off by buying a new boat on the other hand. One of my clubs has ebay'd a few boats, mostly tenders. It was mostly prompted by running out of space. Even rusty trolleys have been sold. I think its a fair view that if you can't shift it on ebay, it's worthless and can be skipped. My other club has space problems too, but keeps very tight grip on who's paid for what. Because duties are related to compound space, people are less likely to just store boats there. If I was the OP, I'd ensure several people on the committee knew it was not my boat, in writing or at least email. Clubs are run by amateurs and information gets lost. |
Posted By: zailor
Date Posted: 16 Jul 09 at 6:02pm
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old boats make good flower beds
Mind you look at some boats in some dinghy parks and there is actually things growing on them! |
Posted By: winging it
Date Posted: 16 Jul 09 at 7:21pm
Some of the boats that are ebayed turn out well. My Mogo is a lovely boat now (and for sale  ), and the thirty year old Oppi will be taking to the water again this weekend. I think people lose interest, the boats fall into disrepair and the owners walk away rather than face the embarrassment of owning them or the sometimes onorous task of putting them right.There has been a glut of families at Hunts buying old gps, but all are grp because no one wants the woodwork jobs. I think ebaying them is a great idea because it means people can get hold of boats cheaply, but if they don't sell they should be scrapped. I think my initial post highlights the problem of trying to work out who owns these boats in the first place. ------------- the same, but different... |