Jump to content

Legal Eagle

Approved Member
  • Content Count

    958
  • Joined

  • Last visited

About Legal Eagle

  • Rank
    Over 500 posts

Profile Information

  • Gender
    Male
  • Location
    South East England
  • Interests
    Caravanning. Having fun. The law - hard work but pays well m'lud.
  • Towcar
    for caravan - Ford Kuga TDCi AWD Titanium X Sport
  • Caravan
    Swift

Recent Profile Visitors

1,432 profile views
  1. It would depend on what you want a ruling to be made on. In the context of the OP and my quoted post, if the claim is "unfit for purpose" then it could be difficult to get a ruling in your favour since the "purpose" of a touring caravan is not as a permanent residence but as temporary, e.g holiday, accomodation. A court may well apply the reasonable (hypothetical) person test of, "What the man on the Clapham omnibus would say." If you want a ruling that living in a touring caravan 24/7 as a permanent residence is less likely to cause bodywork seals to fail than being used as intended (regularly towing between stays) then you would have to present good evidence that on the balance of probabilities you are right and that would involve presenting evidence of controlled, extensive testing. In essence you would actually be trying to convince a court that, like a static, touring caravans should only be permanently sited and never moved around! What you and I may consider to be common sense would still need a level of evidence behind it to satisfy a court.
  2. You are right, it is all guess work but, for what they no doubt view as justified reasons, Lunar Automotive have withheld rent they are obliged to pay so the Landlords have, for what they view as justified reasons, prevented them from continuing to occupy the premises. They may well have obtained an order for possession. However, I'm sure there will be legal negotiations going on behind the scenes to secure access for the removal of property and equipment belonging to Lunar Automotive - unless their financial backing is so good they can afford to provide the new premises with all new equipment!
  3. If the local authority have taken the covenant over then he won't need to go to the expense of a solicitor's letter. He would just complain for them to take enforcement action. If you have an email address, or for the price of a stamp, write to the local planning officer (you want the response in writing) to see if they do now hold the covenant and if it is still enforceable.
  4. The first thing to understand is that just because your property has a covenant it doesn't necessarily follow that all properties on the estate have the same. The European Convention on Human Rights has nothing to do with it as only a public authority can interfere with your rights under the Convention. The covenant was probably imposed by a previous (private) land owner. However, even if the local planning authority had imposed the covenant it is within the law and not a breach of rights. Having said all that, the law around covenants can be very complex and you are best advised to seek advice from your solicitor. My post would go on forever if I tried to explain it all on here but, in a nutshell, you need to ascertain if the covenant is still enforceable. There is a legal principle called “privity of contract”, which means the covenant will always be enforceable as between the original covenantor and covenantee, even after either or both have parted with the land in question. This simply means that a contract is private and binding only on the contracting parties i.e. the original imposer of the covenant and first purchaser of the property and means that covenants are not always binding on or do not always benefit future owners. There is a lot more information at this link. There are plenty of other resources to look up online but you really need to speak with a solicitor for confirmation of your legal position. If the covenant is enforceable it could cost you a lot of money in legal fees and compensation or you could end up with an injunction. Alternatively, if it is enforceable, you can apply to have it removed or modified (explained at the end of the article in the link). I hope it all helps and you reach a satisfactory conclusion.
  5. Have a look at Bellfield Farm, Bonnington, Romney Marsh. A CL in Kent not too far from the East Sussex border (Rye & Camber Sands).
  6. On pre-2016 Alde systems, as Durbanite suggests, the pump was often located in the header tank. The chances are the impeller is fouling on the bottom of the plastic tank. The pump sits in the tank screw top rubber seal and can be gently pulled up to cure the problem. I speak from experience.
  7. In my professional capacity I haven't caught sight of this legislation yet. Could you tell me it's title so I can look it up please. However, I do know that, under the current international traffic conventions, should we exit the EU without an agreement, then the international conventions require visiting foreign registered vehicles to display their country of registration identifying plate (the oval one with black text on white backgound) of the prescribed size and format. That will apply equally to UK registered vehicles in Europe and vehicles registered in European countries in the UK unless those countries choose to waive the requirement and stick with what we have now. I don't know of any legislation that makes existing EU accepted country identifiers on number plates illegal after exiting the EU. Obviously you, singularly, do though.
  8. No one has to. It's all fully enshrined in existing UK law, not EU law, so UK issued driving licences will continue to be valid in the UK regardless of the EU symbol appearing on them and that can be phased out as new licences are issued. If the UK leaves the EU it's probable that the Act of Parliament that will be required will include blanket clauses to confirm the continuation of domestic requirements which will include licences number plates and so on. Harmonisation came from Directives so each member state had to create domestic legislation to match compliance requirements but that didn't change each country's issuing authority, age restrictions, driving test content, offender management and so on. Leaving the EU cannot invalidate a country's domestic legislation.
  9. I think "invalid" may have been the wrong choice of word. My information is that the EU Commission advised the UK Govt. from the outset, following the 2016 result, that in the event of the UK leaving the EU without an exit agreement (deal) then, amongst everything else, all driving related harmonisation arrangements will immediately cease and UK driving licences will no longer be officially acknowledged in EU member states as they are currently. Hence, during the run up to the original exit dates, UK Govt. advice to obtain IDPs and insurance green cards since the International Traffic Conventions will then apply to UK drivers as natives of a non-EU country with no other agreement in place.
  10. Yes you did but not, apparently, in response to any particular posting. I was specifically responding to a post placed after yours.
  11. You apparently haven't understood, or actually read, the Govt. advice about when and why IDPs and green cards will be required to drive in EU member states. In a nutshell, IF we leave the EU without a deal the documents will be required straight away. IF we leave with a deal there will be a transition period of around 12 months during which they won't be required until after that period and IF we don't leave at all they will never be required. So until and unless we leave without a deal or, having left, at the end of the transition period, the good folk at Folkestone or any other EU point of entry will have absolutely no interest at all in your IDP and green card because at present they are simply not required.
  12. It is illegal to use red diesel in a vehicle on the road. Red diesel is specifically dyed to identify it for off road use only because of the reduced duty paid. Full duty cannot be paid at the point of sale for road use. If caught with it in a road vehicle, the vehicle will be seized until the owed duty is paid. https://www.gov.uk/guidance/fuels-for-use-in-vehicles-excise-notice-75 https://www.gov.uk/report-red-diesel-used-on-public-roads
  13. When cold the fluid should be 1cm ABOVE the minimum mark. Also confirmed on the Alde website, my Alde approved service centre and user manual. Quote direct from the website FAQ section: How much glycol should there be in the expansion tank? When the liquid is cold, the level in a system of normal size should be about 1 cm above MIN. The bigger the heating system, the more the liquid expands and so the level should be lower when the system is cold.
  14. When cold the fluid level should be 1cm above the minimum mark. Significant fluid loss should not happen in normal use unless a good quantity of air has been bled out but small amounts of topping up over time may be required. When my caravan goes in for a normal annual service they check the fluid level and run the Alde system as part of it.
  15. Nose weight does not appear on a vehicles type approval plate. Nose weight is determined with a tow bar's type approval so therefore appears on that type approval plate. Manufacturers often specify a tow bar maximum static load (nose weight) for various models so tow bars made for those models will be type approved to match that figure. The general consensus on the Kuga is that the 50kg is an error as on models made prior to 2017 the maximum static load is 100kg. Since the Kuga was only face lifted in 2017 with no major construction changes, there is no reason for the weight limit to be halved.
×
×
  • Create New...