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To Whom It May Concern,
I am moored at my current location which has been lawfully moored on without any penalty for years. It is the case that this mooring space has historically been used as a temporary mooring. These restrictions are new. They are not existing rules, as Canal and River Trust (CRT) are claiming.
Furthermore, I’m moored here in accordance with the Public Right of Navigation, which exists on the River Lee. The Public Right of Navigation, as stated in the English law book, Halsbury’s Laws of England, 5th edition, paragraph 691, states:
“The public right of navigation includes the right … to remain for a convenient time, to load and unload, to moor and fix temporary moorings in the waterway.”
The length of time that can be considered “convenient” cannot be determined in advance. According to Moore v British Waterways  EWCA Civ 73, paragraph 63, a reasonable right of stopping:
“….must depend upon circumstances. You cannot lay down à priori what is reasonable”.
This is a Common Law right and cannot be extinguished by Byelaws or Terms and Conditions.
Canal & River Trust (CRT) does not have the authority to restrict mooring on the River Lee. Further to this, in accordance with Section 17 of the British Waterways act 1995, CRT does not have the lawful ability to refuse a boat licence if the boat owner has insurance, Boat Safety Certification and the boat is used for navigation (does not stay in a place longer than 14 days unless reasonable or a mooring). I’m in full compliance with Section 17 of the Act, therefore my licence may not be lawfully refused.
I am moored at this location in good faith and in accordance with the law. In view of this, any sanctions applied to me in relation to my current mooring would not be supported by the law and would be challenged by the National Bargee Travellers Association.