The Crest of Beauty...What's Happened?
| The Crest of Beauty...What's Happened? | |
Here is a bulleted breakdown of what else has already taken place.
We know that it is a lot to take in, which is why it is so very difficult, for us to accept losing everything.
Former Penarth Marina Manager, Charles Bush approved our submitted Houseboat design. Penarth marina invited us as a Family, already with children, and our Houseboat-Home, into Penarth Marina on January 12th 1997. Penarth Marina in Cardiff Bay Wales, was a less than half-finished construction site at the time.
The company readily accepted mooring fees of approximately £2,660.00 P.A. which were always paid promptly.
Very soon after it's arrival to Penarth Marina, between the Vale of Glamorgan Council and the Valuations Office Agency, our houseboat, Picton, was unilaterally de-listed from the Council Tax Register. We received a full refund for a previous period of council tax that we had actually already paid. The reason provided for the de-listing and refund was that "we don't think you should have paid council tax on your houseboat!".
The marina company imposed a restrictive labour-regime upon us, (determining specific times when we are allowed to work on the boat) which directly impacted on our ability to address the marina's, visual-imperative demands, effectively. We came to Penarth as a family, also with a baby on the way, and had already declared our working-schedules and Family commitments. However, from the word go, we always kept the marina informed of our intentions.
The Marina company made explicit restrictions on us in forbidding us our fundamental human rights to free assembly.
The Marina company directed us to alter, the already-approved designs for our houseboat.
A night time accident was suffered to our home, undisputedly caused by Crest Nicholson Marinas Limited, which was at the time, a wholly-owned subsidiary company of Crest Plc.
Due to incompetent marina management, our Houseboat of 33-40 tonnes, wth our Family aboard, was permitted to become grounded, strike the hard and topple sideways - thumping into the floating marina pontoons. Such was the bang that one of our daughters was thrown clear of her cabin bed upon the impact.
Naturally, the whole Family was deeply distressed. Marie Shalom was eight months pregnant at the time. The marina company was also already aware that we were in the C.O.N.I. (Care of Next Infant - Neo Natal Death) programme. Very sadly, our only boy and third child, Joshua Benedict died onboard the Picton a few years earlier.
Further to this grounding incident, our Houseboat developed a leak and upon its discovery, we immediately commissioned a professional Y.B.D.S.A. survey inspection.
The Damage Inspection Report confirmed the nature of the leak and considers the most likely cause of it and recommends a vessel haul-out at the earliest opportunity.
We made a 'haul-out' request to Crest Nicholson Marinas and asked for permission to fix the damage at Penarth Marina.
Crest Nicholson Marinas Limited expressed that the Emergency Lifting Pad, is not theirs and is on land owned by the Vale of Glamorgan Council.
Accordingly, we enquire with the Vale of Glamorgan Council for permission to lift our damaged houseboat onto their Lifting Pad. The Chief Executive, Jeffrey James says he will get back to us.
Shortly after the above, the Vale of Glamorgan Council investigates Council Tax for our Houseboat Picton and wants to collect back-tax for the 5-6 years not collected, even though they delisted the vessel from the register in the first place! ....From this point on, all residential families and individuals on boats in Penarth Marina, receive a Council Tax Assessment form to fill in.
A damage survey report is made available to all parties concerned, including Crest Nicholson Marinas Limited, Crest Plc, and Cardiff Harbour Authority. The survey indicates a very small leak.
The Marina company refused our request to fix the leak at site, on the purpose built, marina-designated, Emergency Lifting Pad. Apparently it was good enough for their friends and associates but not good enough for us. Mr. Peter Nicholson was vice Chair of The Royal National Lifeboat Institute (RNLI) when the Barry Dock (RNLI) Lifeboat was granted free reign of this facility but of course, he was also serving as a board director of Crest Plc at the same time. Crest Nicholson did not wish to discuss why we couldn't we use it?
The Vale of Glamorgan Council confirmed to us that Crest Nicholson Marinas Limited were responsible for the Lifting Pad.
Chief Executive Officer of Marina Holding-Company, John Callcutt Crest Plc, visited us at Penarth Marina, then made us an ex. Gratia offer of £10,000.00 to 'relocate'. He would not say where he would like us to 'relocate' or how we go about doing this. He already knew that we are Welsh, local people, with strong ties to this area. We are both Cardiff-born. He already knew that our children were settled in school, that we already had a long standing written commitment to Penarth marina, with our career choices firmly established. He also knew that we were part of an expanding and vibrant, live-aboard community at Penarth Marina. He expressed that his action had nothing to do with yet another accident at the Penarth Marina suffered to our daughter Rebekah. This included the appalling, unqualified first-aid she received, and/or, the false accident records filed by Crest Nicholson Marinas Limited insurers. Even to this date, this accident investigation has halted due to completely inaccurate accident log-records filed by Crest Nicholson.
Crest Nicholson Marinas Limited offerred no sincere or practical venue, for us, our children and our houseboat home, to relocate to.
Without the marina company's permission to haul-out, in order to fix the leak, to get insurance cover, our Houseboat insurance eventually expired.
Our insurers provided written confirmation that our Houseboat was insurable subject to a haul-out, the leak being fixed and a qualified inspection.
The Cardiff Harbour Authority in Cardiff Bay, "Europe's Most Exciting Waterfront Development", discovers, as a result of our enquiry to them, that there are no facilities for lifting houseboats in Cardiff Bay.
Our Houseboat and our situation, through no fault of of our own, becomes a "Catch 22".
The vessel was leaking after the marina-caused grounding; there was nowhere practically identified to fix it up; no insurance available because it was not fixed due to same; no company was prepared to accept towage contract without vessel insurance or indemnity in place.
Crest Nicholson Marinas accused us of being in breach of marina rules.....that all vessels must be insured.
Crest Nicholson Marinas refused to accept our houseboat mooring fees, returning them on no less than three occasions.
Crest Nicholson Marinas has prosecuted us on a jumped-up charge of 'trespass'.
Crest Nicholson Marinas was granted an Eviction Order, with a Penal notice attached.
Our 'emergency' application to the Cardiff Harbour Authority for a 'Houseboat-licence' to moor in Cardiff Bay, proved unsuccessful.
Our Houseboat and Family received a pre-voyage 'Sea Check' from the Royal National Lifeboat Institute.
The Cardiff Harbour Authority is informed of the entire situation and our intentions to enter the waters of Cardiff Bay.
In fear of a term of imprisonment for contempt, we obeyed the Court Order of Possession (Eviction) and left the 'business premises' of Marina Company, taking our Houseboat with us, literally pulling it by hand with ropes! Some marina staff, including the manager, stand watching, with arms folded, hands in pockets.
Leaving the marina, our Houseboat entered the waters of Cardiff Bay.
Following very helpful advice received from The Royal National Lifeboat Institute, "total loss of navigational control", we deployed two Emergency Anchors, thereby arresting all further movement of the vessel, and in such a position as to be without causing any further navigational restrictions upon other Cardiff Bay users.
Cardiff Harbour Authority, who are trusted to maintain all aspects of health and safety regarding navigational use of Cardiff Bay, permitted our Houseboat to be repeatedly rammed, and our emergency-deployed anchors to be lifted, repositioned, and generally interfered with, by Crest Nicholson Marinas staff. This is presently held on camera with BBC Newsgathering.
Our Houseboat, having had the emergency anchors interfered with, became shifted from its original safe position. It subsequently became pinned against Penarth lock gates in stormy inclement weather.
Cardiff Harbour Authority still sat watching, waiting, doing nothing allowing our houseboat to be battered against the marina lock gates.
The marina staff again ram our houseboat out of the way of the entrance to the Penarth Marina locks.
Cardiff Harbour Authority eventually take control of the vessel only after the storm has passed and then fasten it to a structure known as 'the dolphins' in Cardiff Bay. We have been given written assurance by Cardiff Harbour Authority that these structures are outside Penarth Marina and not on Crest Nicholson business premises.
Crest Nicholson Marinas further remove an emergency deployed anchor from the vessel after the Cardiff Bay Harbour Master has taken charge of the vessel.
The incident is reported as theft to South Wales Police, and Crest Nicholson Marinas Limited return anchor.
Cardiff Harbour Authority remove our inflatable 'Avon', a 4-Person-Family-tender, to our houseboat. It was our only means of accessing our Family Home.
Our Home and entire contents are seized by High Court Sheriff in 3.00am middle-of-the-night operation, including all personal possessions and our children's 7 pet goldfish.
Despite all public and PR claims that our home was unsafe, dangerous and unseaworthy, somebody must have considered and decided that Picton was fit and able to be taken (and was taken) quite safely, across the Bristol Channel and then up the River Avon in England. It is only after it gets to its new berth, through further incompetence of mooring the vessel correctly, that the back end of our home was smashed off. The portside aft-decking has also been split. It is no accident that hand crafted safety rails were recklessly cut through by agents of the High Court Sheriff. This was in order for them to remove some, but not all, of our personal possessions which they could not be bothered to lift over the safety rails.
Our Family with five young children without our own home effectively become 'Homeless'.
Court Costs awarded against us are in excess of £35,000.00.
The Court has granted the operators of Penarth Marina the right to sell, or scrap, all our Family goods, including our Houseboat-Home and all our personal possessions.
The Court has granted explicit permission to sell our Family Houseboat Home (of 14 years) for as little as £600.
We have been informed from the Prime Minister's Office, to expect communication from Wales Devolved-Government officials. Still waiting!
Along with our daughters we are presently supported only by close Family and Friends.
Our houseboat eviction 'first anniversary' was 28th October 2004.
We have repeatedly contacted our Member of Parliament Mr. Alun Michael asking for his direct practical help to secure our personal private possessions. We have yet to receive any help in this regard but instead he has accused us of impolite and/or improper behaviour to his office staff. Despite our further polite request for a fair and proper investigation into his claims, and a right to reply, Mr. Alun Michael MP has yet to respond.
Having been totally shafted by this Crest of Beauty, we still live in hope, patiently waiting for all "the players" to do the right thing.
The Crest of Beauty continues.....the above is just a sample of what a nightmare we have been through.
Perhaps you would like to help..........Click here
Or ask questions or leave comments Click here