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Legal Eagle

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About Legal Eagle

  • Rank
    Over 1000 posts

Profile Information

  • Gender
    Male
  • Location
    GB
  • Interests
    Caravans.
    The law and legal issues.
  • Towcar / Toad
    AWD Ford / -
  • Caravan / Motorhome / Static (Make and model)
    Swift Challenger SE 530/ -
  • Year of manufacture (Caravan / Motorhome / Static)
    2015 / -

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  1. From what I can gather, the faults were reported and initial repairs arranged within the first 6 months. The caravan was purchased in July last year, returned to the dealer September/October and remained at the dealer's premises all over the Winter period and not returned until last week, supposedly repaired. Under the Consumer Rights Act 2015, the clock should have stopped when they took it back for the repairs. The ability to reject for a full refund should still be possible, subject to the facts of the individual case. The buyer could contact the Citizens Advice consumer rights he
  2. When a vehicle is presented for testing it must be in normal roadworthy condition and the MOT Manual lists the following as major defects: (b) Tyres on the same axle or on twin wheels are different sizes - Major (c) Tyres on the same axle of different structure - Major A space saver tyre, by nature, is a different size to a normal tyre. A car fitted with a space saver tyre will have different size tyres on the same axle. https://www.gov.uk/guidance/mot-inspection-manual-for-private-passenger-and-light-commercial-vehicles/5-axles-wheels-tyres-and-suspension#section-5-2-3
  3. At least from Monday up to 30 can attend the funeral 😂
  4. The Roads (Scotland) Act 1984 is nothing to do with policing or road traffic legislation under criminal law. It gives the local Scottish roads civil authorities powers to perform their functions which includes control over what can be done to, stored, kept on or under any road in their control e.g. works, skips, bins, vehicles etc. The best thing you can do is to move the caravan first and argue your case with them after.
  5. The joys of electronic communications!! If Bailey clearly state 3500kg then it is not as described and the dealer needs to get it resolved with Bailey. The OP will have to get the dealer to collect it since he cannot lawfully drive it himself.
  6. I've edited my post to add the bit I missed out about a second plate! If you look at the far left hand side of the plate it says Transit Camper. Could that account for the odd 50kg. ??
  7. That is the base vehicle plate affixed by the chassis manufacturer (Ford). Has the coach builder, Bailey, affixed another plate which down grades to 3500kg that you have missed? If they haven't and the manufacturer's plate is the only one present then you need to go back to the supplying dealer to get it resolved since technically it is not as described and I'm sure you did not want a vehicle you cannot lawfully drive.
  8. If it's a "ringer" having had the identity tampered with or cloned from a similar or identical make/model, it may not ping anything.
  9. This can be a very complex area of the law, especially where ownership is disputed. Cases can drag on for years and people have lost tens of thousands of pounds innocently purchasing stolen property, particularly cars bought from private sellers. The basic rule of law is that you cannot sell what you do not own. That means, of course, that you cannot buy from a non-owner either. The legitimate owner at the time of the theft will always retain the ownership rights unless they have surrendered those rights, for example to an insurance company. In the case of a trader selling what tur
  10. There will always be 3 maximum static load weights applicable - tow vehicle, towball and trailer hitch head. You must not exceed the lower of those weights. The table may not use the word 'maximum' but that is certainly what it implies. e.g. for unbraked trailers it doesn't say 750kg is the 'maximum' but we know it must be.
  11. Despite the word 'recommended' appearing on the first page, the implication is that the table is written to provide maximum permitted figures. Exceeding those weights by 28kg or 20kg respectively to meet your previously stated 100kg noseweight is potentially dangerous. The static loading is one thing but I would imagine the dynamic loading could be far my stressful on the towball.
  12. I did not state it would be an offence, I said, "....you risk committing an offence." It would, ultimately, be a Court's decision but the risk is being deemed to be using a vehicle in a dangerous condition. Section 40A Road Traffic Act 1988 Using vehicle in dangerous condition etc. A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when— (a) the condition of the motor vehicle or trailer, or of its accessories or equipment, or (b) the purpose for which it is used, or (c) the number of passengers ca
  13. If you're wondering what the chances of being stopped are, I can tell you with certainty that the chances have greatly increased. Since 12th April a number of police forces and the DVSA have commenced enforcement operations on major routes all over the country specifically aimed at cars towing trailers. They know there has been a huge increase in caravan sales with very high numbers of first time, inexperienced, owners. One police force has named their ongoing enforcement plan as Operation Drag and they set up regular checkpoints. They look at licences, insurance, condition including tyre age
  14. In the Minimum engine to pull a caravan? thread on 3rd May you uploaded a picture from your vehicle's handbook tech specs to prove the gross train weight. Three lines below that it clearly states: Maximum towball weight 92kg. It doesn't say recommended. If you exceed the manufacturer's stated maximum, apart from anything else, you risk committing an offence.
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