Environment Agency

[Simpo Two]

I have a boat on the Great Ouse and pay a licence fee accordingly.

There's an option to pay an extra £50 for a pass which entitles you to use the Cam into Cambridge and the Middle Level/River Nene: https://www.gov.uk/government/news/environment-age...

I have no intention of using the River Nene, I only want to travel to Cambridge. That's what I paid £50 for. However one of the locks on the route is closed due to subsidence until further notice: https://www.camconservancy.org/general-5

I phoned the EA and of course they said I can't have a refund because 'policy'.

My view is that I paid £50 for a facility I can't use.

What's the legal position on this? Can the EA charge for something and not provide it? If I tried that I'd be in the small claims court.

[vikingaero]

Their policy may be no refunds, because they just can't be arsed and will hope you will go away.

Make a formal complaint and if that doesn't work then issue summons - only a Judge can make a definite answer,

[phumy]

Ceck the T&C`s what do they say, thats what you signed up for.

[KungFuPanda]

If you’re bored and got time and money to waste, issue a small claim against them if the terms and conditions don’t clear it up.

[Simpo Two]

I'm not sure the EA does T&Cs, they just prosecute boat owners if they don't obey every rule. The EA registration form simply says 'Anglian Pass - Do you wish to add? yes/no'.


This was the top hit when I searched for 'environment agency anglian pass terms and conditions': https://tinyurl.com/5crujr4a
'The Anglian Pass allows unrestricted visitor access to the navigations of the Environment Agency, the Middle Level Commissioners and the Conservators of the River Cam, for one year starting 01 April to the following 31 March.'

Nothing about lock closures or other navigational problems. It's not worth suing of course; if they hide behind 'policy' then it will just make boat users hate them even more.

[FMOB]

Is it their fault the lock is not passable?

I suspect having a licence to navigate is just that i.e. it allows you to get as far as you can get but is not a right to a successful navigation, if the EA actually owned the broken lock you might have a chance but you have a better chance of rowing your boat uphill.

[Simpo Two]

FMOB said:

Is it their fault the lock is not passable?

I suspect having a licence to navigate is just that i.e. it allows you to get as far as you can get but is not a right to a successful navigation, if the EA actually owned the broken lock you might have a chance but you have a better chance of rowing your boat uphill.

The lock is the responsibility of the Cam Conservancy; however we pay the extra amount to the EA who pass it on. And so, if it's a matter of contract, I presume mine is with the EA, who in turn have a contract with the CC. As for what's happening and progress thereof, all we know is on their webpage (link in my first post).

At least I can still use the Great Ouse, but those upstream of the lock are stuffed - they can go virtually nowhere but will still have paid the full licence fee which in the case of narrowboats is over £1,000.

[Short Grain]

email your MP? Had a good result before with mine intervening with an officious council officer to get what, to me, was a perfectly sensible solution. Mr Council Officious didn't agree but did do what my MP 'suggested', and we all moved on!

[Foss62]

The closed lock doesn’t stop you USING a boat on the stretch between that lock and central Cambridge. I suspect that is what you are paying for - not necessarily being able to get there from the lower river.

[Simpo Two]

Foss62 said:

The closed lock doesn’t stop you USING a boat on the stretch between that lock and central Cambridge. I suspect that is what you are paying for - not necessarily being able to get there from the lower river.

The locks are the responsibility of the CC, and their section of river starts at the lock downstream of the closed one, so in total there are three stretches of river and two locks. We pay extra to use all of it, not just the stretches of water...

Of course if there was a hoist on each side of the closed lock, such that the 2.5 ton boat could be lifted out, driven overland 50 yards and launched, and if I could invoice the EA or CC the £400 it would cost each time - actually £800 as I'd need to get home again - then that would be all fine and and dandy. But I have a small hunch they won't lay on that facility...