Events Surrounding Houseboat Eviction M V Picton, Cardiff Harbour Authority & South Wales Police
Prior To The Houseboat Eviction
It is a matter of record that the Shalom Family made the following enquiries/communications with Cardiff Harbour Authority (CHA) and/or other individuals, (as indicated).
• As to the provision of ‘gratings’, (a drying-out platform, understood to be in the Cardiff Bay before the construction of the Cardiff Bay Barrage) and/or, emergency lifting facilities, within the waters of Cardiff Bay, once marketed as Europe's Most Exciting Waterfront Development.• Permission of the CHA for their Houseboat and Family to enter the waters of Cardiff Bay due to their impending eviction.
• An emergency application for a Houseboat Licence to moor their Houseboat M V Picton in Cardiff Bay, as defined within the powers, invested within the terms of the Cardiff Bay Barrage Act.
• A polite request to receive “the best advice and assistance” from CHA, in the circumstances, and events, leading up to, and including their Houseboat eviction, into the Cardiff Bay Waters.• A polite statement from the Shalom Family requesting that the CHA should act in due consideration with all matters relating to CHA’s ‘duty of care’, in the circumstances.
• Advanced notice of the M V Picton’s forced ‘arrival’ into Cardiff Bay waters, as a direct result of eviction proceedings against them by Crest Nicholson Marinas Limited.
• Advanced notice that their Houseboat M V Picton had suffered a grounding incident, caused by Crest Nicholson Marinas Limited, due to an un-notified reduction in water levels within the confines of Penarth Marina.
• Advanced notice and confirmation from the Shaloms that they had been advised by Lester Aldridge, solicitors acting on behalf of Crest Nicholson Marinas Limited, that if they contravene the Court Order of Judge Moseley, that there would be a risk of a term of imprisonment for both of them.
• Advanced notice that the vessel was leaking and was documented as sufficient to cause concern, by virtue of professional survey, commissioned by the Shaloms with a professionally registered, Yacht Brokers Designers & Surveyors Association (YBDSA) surveyor.
• Advanced notice that the vessel was not insured, nor able to attract insurance due to circumstances totally beyond their control.• Advanced notice of the Shalom's self-issue of a, ‘Notice to Mariners’, that the Vessel was not insured.
• Enquiry From the Shaloms as to the ownership and responsibility of Official Cardiff Bay Notice Boards, so placed in Penarth Marina, which never displayed, the Shalom’s self-issued, 'Notice To Mariners’.
• Enquiry from the Shaloms for clarification from CHA as to whether the CHA considered that the Harbour & Piers Clauses Act 1847, Section 57 applied to M V Picton whilst situated upon the water or business premises within the confines of Penarth marina.
• Enquiry from the Shaloms for clarification as to whether the CHA prohibited the M V Picton from entering or navigating upon the waters of the inland bay, barrage locks or outer harbour, unless it was proven to the CHA, that at least- third party insurance cover was in place, which would have also covered all eventualities in the event of a salvage operation, of the same vessel.
• Polite request from the Shaloms, within the context of reasonable thinking, for CHA indemnity for their houseboat home (for any loss suffered by, or to, M V Picton, including third party and public liability) whilst in, or upon waters of the inland (Cardiff) Bay.
• Polite request from the Shaloms to the CHA to consider the seaworthiness of the vessel and confirmation that the houseboat M V Picton and the Shalom Family were free to navigate and/or be upon the Waters of Cardiff Bay.• Repeated polite requests from the Shaloms to the CHA, for the CHA to confirm their intentions, in respect to their Family and their Home entering the Cardiff Bay in such bizarre circumstances.
• Polite request from the Shaloms to clarify what CHA considered were the minimum health & safety requirements for berthing a Houseboat in Cardiff Bay.
• Advanced notice from the Shaloms that in the event of an eviction from Penarth Marina, that the Shalom’s considered that their houseboat M V Picton would still remain their home.
• Advanced request from the Shaloms that the CHA confirm that the land immediately outside Penarth Marina Lock Gates and extending to the Barrage Sheet Piled Wall, was land in the ownership of the CHA.
• Advanced notice that the Chief Legal Service Officer for Cardiff County Council was advised of the entire situation.
• Advanced notice that the vessel M V Picton was strictly a Houseboat home of many years (14) without navigational aids, engine, or any means of propulsion and only limited safety equipment aboard.
• Advanced notice that the M V Picton would deploy emergency anchors immediately upon entering the waters of Cardiff Bay.
• Advanced notice from the Shaloms of their intention to obey the Court Order, for fear of a term of imprisonment, stating their total regret of the situation and inconvenience caused to Mr Roger Thorney (Operational Manager Cardiff Bay Barrage) and/or CHA.
• Advanced notice from the Shaloms of their intention, and, “no other option” available in the circumstances, but to employ the use of their makeshift emergency equipments in the form of anchor.
• Repeated advanced notice from the Shaloms politely reminding the CHA of their ‘duty of care’ in the circumstances and request that the CHA “monitor the situation” and are, “ready and prepared for any emergency situation”. Further request was made of CHA for a “comprehensive humanitarian approach to this dire situation”, and that their, “fundamental and basic human rights”, would be upheld by CHA, in all matters pertaining. The Shaloms politely requested the CHA to inform them immediately if they should hear of any intended removal operation of their home form Cardiff Bay.• Confirmation from the Shaloms that their enquiries pertaining to the possible lifting or drying–out facilities within Cardiff Bay, suitable for M V Picton, were placed firmly before Councillor Russell Goodway, Chair of Cardiff Harbour Authority and Councillor Marion Drake, Cabinet Member, Culture Sport and Enterprise.
After The Houseboat Eviction
It is a matter of record that the Shalom Family made the following enquiries/communications with Cardiff Harbour Authority (CHA) and/or other individuals, (as indicated).
• Confirmation that two emergency anchors were deployed by the Shaloms from their houseboat M V Picton.
• Confirmation that, whilst their houseboat Picton was upon the waters of the Cardiff Bay, (outside the Penarth marina), it was repeatedly rammed and the Emergency Anchors, which had been deployed, had being lifted and interfered with by members of staff of Crest Nicholson Marinas Limited.• Direct confirmation to the The CHA Cardiff Harbour Master as certain events were happening, such as the ramming operation performed by Crest Nicholson staff. His only response was to enquire of the Shaloms, “have you asked them to stop?”
• An expression of concern from the Shaloms that the Penarth Marina Manager, was perhaps acting outside his legal jurisdiction and made kind request for clarification, (and in any case), so further suggested that the manager of the marina be addressed to place the Picton back to the position where the vessel's emergency anchors were originally deployed and holding, and in the position where the vessel was not in the way.
• A polite request from the Shalom family for a copy of the CHA 'Published Risk Assessments', pertaining to Houseboats in Cardiff Bay.
• Confirmation of a change of address, to a new address of 'Cardiff Bay'. This was in direct response to a letter that the Shaloms received from the CHA (post-eviction) but addressed to the Shaloms at their former mooring, and old address.... of 'Penarth Marina'.
• Confirmation that the Shaloms were not averse in principle to their Home being placed against, next to, or upon , the ‘dolphins’ immediately outside the marina, providing that they received a full written confirmation from Crest Nicholson, that to do so, would not cause them to be in breach of the Court Order.
• Confirmation that the Shaloms acknowledged that their home was placed under the charge of the CHA Harbour Master, under notice of the Harbour & Piers Clauses Act 1847.
• A statement from the Shaloms effectively expressing, that their home M V Picton was not to be considered, in any way “given up”, “neglected” or “abandoned”. Nor consider to be beyond “reasonable repair” or in any way “unsalvageable”. Furthermore, the Shaloms expressed that they did not accept that their home was a “wreck” or a “floating timber” or an “obstruction”.
Confirmation that South Wales Police held possession of the 'stolen' anchor after retrieval from Crest Nicholson Marinas. The Shalom's offered grateful acknowledgment to CHA after the emergency anchor was returned to it rightful position. CHA liaised with South Wales police for it to be returned to M V Picton.
The CHA also received communication from the Shaloms concerning the following:-
- Expressing their belief that they had done everything reasonably possible to mitigate the loss and/or damage to their Home, subsequent to the grounding and toppling accident, and that various lines of enquiry had been pursued with various third parties.
- That it was their belief that Crest Nicholson Marinas Limited were totally responsible for the grounding incident in which their home was allowed to become grounded and topple with a heavy sideways impact, whilst the whole family were aboard and Marie Shalom was eight months pregnant.
- That is was their belief, and evidenced by the documented record, that Crest Nicholson Marinas limited wilfully obstructed the Shaloms from setting about a course of action which would have resulted in effective repairs to their home and subsequent renewal of insurance for the vessel.
- That in their opinion the events which the CHA were witness to, were engineered by a company with a documented history of poor communication.
- That the Family were keen to establish good relations with all parties who may be able to help them in the challenges that lay ahead (including Crest Nicholson) and in this respect, would welcome the opportunity of meeting with the CHA and/or any other third party.
- An invitation to CHA providing unrestricted access and permission to make copies of the their documented case notes with Crest Nicholson Marinas Limited. This would include all their enquiries regarding their insurance claim process, their request of the marina company for permission to send down divers, (to inspect for damage to the Picton post accident), their crane costings for possible lift-out, the suitability of the Emergency Lifting Pad at Penarth Marina, their YBDSA Professional Damage Inspection Report (pertaining to the water ingress) commissioned by the Shaloms immediately upon the discovery of a water ingress, and their request for permission of the marina company, to lift the vessel at site.
- Confirmation from Mr and Mrs Shalom of the misery and general upset of the family, particularly that of their five daughters, in the circumstances. Apart form everything that had happened already that the children were very upset about their 7 pet goldfish confiscated.
- polite request from the Shaloms for the CHA to provide fresh dinking water, 'pink' diesel for onboard electric generator, and basic sewage disposal facility, for which the Shaloms expressed a willingness to pay a reasonable charge for the provision.
- Confirmation from the Shaloms that their only means of access to their vessel post-eviction was by means of their four person Avon inflatable tender. Following a 'By Order of The Harbour Master' notice, so placed upon the tender, it was confirmed as fastened securely by two heavy gauged wired padlocks, when not in use, and moored with all due diligence in regard to health & safety. As a precautionary measure, no excess fuel was stored upon the vessel and the safety cut out key was always removed as appropriate. The Shaloms confirmed that they indemnified the CHA in regard to use of this tender whilst in use upon Cardiff Bay water.
- CHA receive a request from the Shaloms asking that the tender is not interfered with or placed under arrest.
- Statement from the Shaloms politely requesting CHA to refer to the record regarding their Home and their long term intentions, and request CHA to refer to the ongoing enquiries with Marion Drake, and Russell Goodway, as previously stated on record.
CHA Removed The Shalom's Avon Inflatable Tender From Cardiff Bay......it allegedly got nicked from their yard!
The Shaloms inflatable tender, the only means of getting to their Houseboat, which was always double-locked, was removed without notice by Cardiff Harbour Authority, just prior to the High Court Sheriff (and others) were preparing to seize the Family Home from Cardiff Bay. At some time during this whole saga, the CHA received the following:-
- Communication from the Shaloms of their upset that the CHA did wilfully destroy the locks of their Avon inflatable and furthermore, without notice, removed it from Cardiff Bay.
- Communication from the Shaloms that they were appalled of the news from CHA that their Avon inflatable was then reported to south wales police as stolen whilst under the nose of the CHA from their own compound.
- Communication of their abhorrence that the CHA advised that the theft of their inflatable from a CHA compound should be registered with the SHALOM'S own insurance company.
And Finally....CHA Received:-
- Communication from the Shalom Family conveying their upset, their inability to cope under the strain of the new circumstances of their 'Homeless State', and the fact that Picton was seized from Cardiff Bay in the middle of night.
- Polite request from the Shalom Family for CHA cooperation to ascertain the sequence of events and accurate record of what took place.
- Confirmation from the Shaloms that prior to their Houseboat eviction, that they had made request of the Royal National Lifeboat Institute (RNLI) to perform a Sea Check, asking what procedures they should follow in the event of 'total loss of navigational control'.
- Polite invitation from the Shaloms for CHA to forward their published recommendations, and/or, advice available to any vessel upon, near, or in, Cardiff Bay which is without power, or any means of navigation and or effectively out of control.
- Request for clarification from the Shaloms as to what CHA consider was it’s 'duty of care' towards the Picton and their Family upon their leaving Penarth Marina and entering the water and space just outside Penarth Marina, and a full explanation as to the delay of the CHA acting upon same.
- An invitation from the Shaloms as to why CHA felt that they were not able or could not take a more constructive and proactive position in the matter.
- A polite request from the Shaloms to receive all incident and log reports in any connection with the Picton and their inflatable Avon during the eviction process.
Other Notes of Interest
The CHA have made record that during the events of this Family Houseboat eviction, CHA received a phone call from "Inspector of South Wales Police" explaining that they were trying to talk to the Shalom Family from M V Picton to come off the boat, due to high winds forecast and concerns for their safety. CHA note that Social Services also involved and South Wales Police looking at requesting for a specialist police negotiator to be taken out to the Shalom’s boat by using a CHA vessel.
CHA are informed by Police Control that Mr Shalom, having been advised by police of the impending gales, is totally compliant in allowing the children to be evacuated for the night. CHA agree to a request from the South Wales Police, for this action to remove the children ashore, to be conducted using CHA Patrol/ rescue Vessel. CHA Barrage Control Shift Log Reports confirm, that police officers “on their way” from Penarth Police “to assist.”
However No Police Evacuation Took Place...... But Why Not?
CHA received notice from the Shaloms confirming that a meeting had taken place at Cardiff Barrage Control with Mr Shalom with an independent witness being present, referring to the situation in which both the CHA and the whole Family were made prepared, by South Wales Police, for a scheduled Police evacuation from the Picton, by way of CHA Harbour Patrol Vessel, but for no apparent reason, the South Wales Police did not keep to that arranged evacuation. The CHA were informed that this was a particularly distressing incident for the Family.
South Wales Police had placed their call to them as the couple, their children and Family friends, were celebrating Hannah’s birthday, one of the Shalom’s daughters. She was about to ‘cut the cake’, prior to all the children getting ready to go to bed. The evacuation arrangements set in motion by South Wales Police and the subsequent non-execution, of that agreement, by South Wales Police - meant that the children had curtailed their Family party in order that they should each 'don a life jacket' and 'muster ready', for the arranged evacuation, staying up until well after 11.00pm
No explanation has ever been offered by Crest Nicholson, The Cardiff Harbour Authority or South Wales Police, as to why this Houseboat and Family of five children appear to have been treated with with such blatant disrespect and contempt.