How can I stop this?

[hunslet]

I run a season tourist transport business. A private individual has taken a dislike to me and has decided to do his best to put me out of buisness making spurious complaints to the council, making it difficult for me to manouver my vehicle, placing his in the place reserved for me to park, harrassing me, filming me, telling members of the public and potential customers I am operating in a dangerous manner.

Recently he engineered a situation where I had no choice to to make contact with his vehicle with mine in order to get my passengers off safely. He contacted the police and reported this as criminal damage and will no doubt send a complaint to the council.

He is also encouraging other private individuals to place their vehicles in the spot reserved for me to create further conflict.

Despite him assualting me the police are not interested in taking the matter seriously and the council will not enforce the bylaws that exist to protect me. This has gone to complaints and will go to the ombudsman.

Is there anything else I can do? I am a single trader.

Thanks

 

[Deleted member 335660]

S

I run a season tourist transport business. A private individual has taken a dislike to me and has decided to do his best to put me out of buisness making spurious complaints to the council, making it difficult for me to manouver my vehicle, placing his in the place reserved for me to park, harrassing me, filming me, telling members of the public and potential customers I am operating in a dangerous manner.

Recently he engineered a situation where I had no choice to to make contact with his vehicle with mine in order to get my passengers off safely. He contacted the police and reported this as criminal damage and will no doubt send a complaint to the council.

He is also encouraging other private individuals to place their vehicles in the spot reserved for me to create further conflict.

Despite him assualting me the police are not interested in taking the matter seriously and the council will not enforce the bylaws that exist to protect me. This has gone to complaints and will go to the ombudsman.

Is there anything else I can do? I am a single trader.

Thanks

Sounds an awful experience and as you are having no luck with the council or police have you tried contacting your local MP?

It’s not clear what this reserved space is or why this individual is endeavoring to make your life hell. Why is your business causing him to act this way?

 

[JEREMY HAWKE]

Is the other party a council licence operator

 

[hunslet]

No he is a private individual who believes he has the right to what he likes. He is well known in the area to all including the council as a real nasty piece of work. The area is reserved for all licensed passenger boats however mine is the only one the operates every day from that location. Larger boats do visit sometimes daily and I am obliged to move out their way to allow them in. This all works well, today there were four other licensed trip boats visiting.

As I operate every day I am the one who has to challenge him when he decides to moor up where he is in way. He does not like being told no.

When he saw my boat coming off the mooring today he moved his private boat to block the space I needed to use to get passenger on when the tide is low. He had brought a couple of heavies to watch so rather than risk getting beaten up I had to cancel trips until the tide had come up enough for me to get passenger on in a different location.

 

[japancool]

Record and write down everything that happens over a period of time.

Then sue him and/or report him for harassment with your diary as proof. Maybe film the incidents too.

 

[hunslet]

I am doing all of this but as it is happening in a public place the police will not look at this as harassment as I cannot prove without doubt that he is targeting me.

 

[WaveJumper]

How long have you been operating, where are you operating from, Harbour, Marina who actually controls the area you operate in ie Harbour Master, British Water Ways, are you operating under a licence from any of these bodies

 

[hunslet]

Three years on a river, looked after by EA although it is tidal, quay is common land although the surface is the councils responsibility, licences are council ones.

 

[WaveJumper]

Then I think you need to do as already advised by @japancool above get yourself a diary and keep a detailed daily record of all events, take video and photos if required, don’t retaliate to his actions rise above. Once you have enough evidence then sue him. I would also pass copies of harassment to the Police, EA and Council and get his operators licence revoked

 

[hunslet]

Thank you. Already doing all the above. He is a private indivdual, his boat is not a licensed trip boat. Police are involved as he has now assaulted me twice. He attempted to stop me from operating again yesterday, so I lost out on one of my trips until I could use another part of the quay.

 

[WaveJumper]

Well it sounds like you are doing all the right things. Even as a private individual does he still not need some form of license to use his craft on the river (I certainly know my brother in law does) in which case report him the the River Authority.

 

[MBE2017]

I would seek legal advice to see if you can sue the council for not enforcing action, since you are paying them for the use of the quay. At the same time discuss what action can be taken if any for his behaviour.

You need to talk to your solicitor, maybe install cctv onto your vehicle to record all altercations for proof etc. People often change their tune when their attention is drawn to the potential legal and commercial costs involved.

Of course, there is another old fashioned way to resolve this, but that is not for open discussion in these woke days.

 

[Paul Kelly ICHYB]

Speak to a solicitor - probably send a C&D letter and then move to harassment actions, maybe a restraining order?

 

[WaveJumper]

I would seek legal advice to see if you can sue the council for not enforcing action, since you are paying them for the use of the quay. At the same time discuss what action can be taken if any for his behaviour.

You need to talk to your solicitor, maybe install cctv onto your vehicle to record all altercations for proof etc. People often change their tune when their attention is drawn to the potential legal and commercial costs involved.

Of course, there is another old fashioned way to resolve this, but that is not for open discussion in these woke days.

What board his vessel make him walk the plank and claim the vessel as your prize .... now that sounds like a plan

 

[wayzgoose]

I would also ask any friends or locals that also work on the quay whether they would mind filming for you if they see an altercation taking place. I would also point out to this moron that if it doesn't stop you will also be claiming for loss of earnings.

 

[DWS]

Of course, there is another old fashioned way to resolve this, but that is not for open discussion in these woke days.

Exactly this!

 

[Chris Hanson]

I would look at your contract with the Council to see what their obligations are. Have you talked to anyone at the canal and river trust?

 

[MBE2017]

What board his vessel make him walk the plank and claim the vessel as your prize .... now that sounds like a plan

No, be sensible. If you drop him in the water you don’t want him coming out causing more trouble.

 

[WaveJumper]

No, be sensible. If you drop him in the water you don’t want him coming out causing more trouble.

Couple of cannon balls in his pocket should resolve that problem

 

[Rekkovitch]

If it were me and he was disrupting my business I would take matters into my own hands and find a third party to 'correct' his behaviour. As much as he is making your life hell you could do the same without it coming back to you.

It's like the situation where it will be 'he knows that I know that he knows '

Or you could follow the advice above and record every instance which is also good advice.

Documenting facts and raising them with the council / officials doesn't always work as I have had years of problems with an individual damaging a hedge alongside our boundary / passageway and constant harassment from this person about the hedge dispite it being completely cropped back

 

[Fagin2021]

As an alternative viewpoint you may wish to consider the long-term implications of whatever you decide to do.

Yes, you might be able to curtail his activities with a restraining order, or a police caution, or a council warning. What you will then have is a brooding individual who will watch you like a hawk and take every opportunity to report any minor infringement, real or imagined, to the appropriate authority - council, river, police, health and safety and so on.

In short, you might win a battle but the war will drag on.

Think about sending him a note along the lines of 'We are in dispute about various matters but let's not allow things to get out of hand and instead try to resolve our differences amicably ? How about we agree to appoint someone independent to listen to both of us and arbitrate a solution ?'

At best you will calm things down, at worst you can show you've tried.

 

[James (iimttd)]

Surely if it's a private vessel it's not MCA coded adequately or insured to offer trips for cash?

 

[wayzgoose]

Surely if it's a private vessel it's not MCA coded adequately or insured to offer trips for cash?

He's not offering trips for cash.

 

[hunslet]

Update: He is in the wrong. He is in breach of bylaws. End of. I have no personal interest in this individual. I want him to leave me alone. I am not preperaed to compromise given he put the lives of my passengers at risk. If you ran a taxi and a private car always parked up in the taxi rank you would expect the council who issues you your licence to offer support. This is the same thing. I have now been asked to compromise. This is not an option. If you compromise for him then you have to compromise for everyone in which case the who point of having a space reserved to off load passengers safely becomes pointless. Rediculus given there are 6 commerical trip boats that use the qau

 

[hunslet]

I have now decided to sell up.

 

[MarkOnline]

I have now decided to sell up.

Well thats shown him!

 

[NickGrogan]

Will you be telling potential buyers about the problems?

 

[hunslet]

Yes I am aware he will have won but I took it the busiess on as it was supposed to be less stressful than the alternative and it is not. No, as the potential buyer is likely to be the person who is behind the other individuals behaviour, who has set this up as they could not buy the business 3 years ago.

 

[hunslet]

There appears to be no way to stop him.

 

[hunslet]

It has only taken 3 years, and a major complaint to the council but he has finally been spoken to by the community safety team and warned of the consequences of his actions should he continue. Sadly he is of the mentality that he is the victim in all of this (and all the complaints he makes to the council about people who object to him doing what he likes) so it remains to be seen if the councils action has any effect. The antisocial behaviour team he just ignored.

 

[sharabela]

I run a season tourist transport business. A private individual has taken a dislike to me and has decided to do his best to put me out of buisness making spurious complaints to the council, making it difficult for me to manouver my vehicle, placing his in the place reserved for me to park, harrassing me, filming me, telling members of the public and potential customers I am operating in a dangerous manner.

Recently he engineered a situation where I had no choice to to make contact with his vehicle with mine in order to get my passengers off safely. He contacted the police and reported this as criminal damage and will no doubt send a complaint to the council.

He is also encouraging other private individuals to place their vehicles in the spot reserved for me to create further conflict.

Despite him assualting me the police are not interested in taking the matter seriously and the council will not enforce the bylaws that exist to protect me. This has gone to complaints and will go to the ombudsman.

Is there anything else I can do? I am a single trader.

Thanks

Must be awful experience. Why don't you talk to a solicitor? He can not do what he likes to do. Thus, take help from law and enforcement. I am wishing you all the luck.