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Legal Eagle

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Everything posted by Legal Eagle

  1. Alde stopped fitting the reservoir mounted pump some years ago! The pump is now more akin to a domestic central heating pump (but 12v) and is mounted on the side of the boiler with a speed control. Speed 2 is normally recommended for caravans.
  2. Ahh, the Second World War conversion to run on town gas. Remember the Dad's Army episode when they converted Corporal Jones butchers van, then carried out rifle drill with bayonets attached!.
  3. Hydrogen powered vehicles have been, safely, in existence for many years. In 2008 Ford USA produced the Ford Edge Hyseries SUV, a hydrogen fuel cell and electric powered hybrid. No emissions and 41mpg. The only by-product of burning hydrogen is water. More intriguing though is the UK Govt. long term plan to replace natural gas with hydrogen gas but the transition will take several years once the project is started. It is planned that within the next decade natural gas will be blended with 20% hydrogen and new gas boilers now being produced are being constructed to be compatible with the blend. However, they will not be compatible with 100% hydrogen but since that changeover will be over a significantly long time scale, users will have many years to prepare and replace their gas appliances. It is anticipated that easily convertible boilers will produced from around 2025. The planned"ban" on gas boilers from 2025 only applies to new builds and not existing installations so gas will still be very much in demand. Once the changeover to 100% hydrogen is complete (by the mid 2040's has been muted) could motorists of the future be able to refuel their hydrogen gas and electric powered vehicles entirely at home?
  4. You haven't said what, if any, reason they have given for requiring the decking to be removed after being in position for more than 5 years (condition?) and if your contract contains any relevant clauses.
  5. That possibility did occur to me but the thread title specifically refers to the Alde control panel, not the main 12v control panel. Unless, of course, the battery power supply fuse has blown and nothing works. "Hitching to car with no battery in caravan, aldi control panel ?"
  6. When you connect the car and caravan, electrically, and start the engine the caravan's habitation relay isolates the caravan electrics except to the battery for charging and the fridge. Nothing else inside should receive power from the car whilst the engine is running. Chances are the problem has nothing to do with connecting to the car.
  7. Highways England is now called National Highways but only operate in England. They only patrol and have jurisdiction on roads operated by National Highways - motorways and A class trunk roads. They have powers to stop vehicles in relation to their jurisdiction and remit but have no powers of enforcement. They do have powers to directly arrange recovery of abandoned, broken-down or damaged vehicles but only within their jurisdiction.
  8. Highways England Traffic Officers have no involvement with roadside checks. It isn't in their remit or powers and is no doubt the same in Wales.
  9. Let he who has never sinned on a forum cast the first criticism. 😉
  10. Under Section 66B RTA 1988, DVSA Stopping Officers are appointed by the Secretary of State, not the Chief Officer of Police.
  11. You do not need planning permission to park a caravan in your driveway or garden as long as it is being used as an annex of your home. This means it can be used as if it were part of the house (for example, an extra bedroom) by members of your immediate family or occasionally by friends but you can’t hire it out (for example, for holidays) or use it as a completely separate dwelling from your home. Council Tax is levied on the residential property not the number of people living there. Unless the caravan becomes a separate residential property in its own right, the existing Council Tax should remain unchanged.
  12. It won't be the UK Border Control on your departure to worry about, it will be the Spanish authorities on your arrival that will carry out any searching and enforcing if they are of a mind to. It matters not if it is for personal consumption, if they find a breach of the bio security laws they will confiscate and destroy all illegally imported products plus they could take further action against you like imposing a hefty fine and impounding your vehicle until it's paid. The onus is on you to declare such products on entry. On the other hand you could be lucky, it may just depend on how guilty you look!
  13. DVSA is more than just an enforcement agency. Everything they cover can be found here. For roadside enforcement they are primarily tasked by HM Govt to enforce commercial vehicle legislation and also to check other road users such as vehicles towing trailers and caravans as part of wider road safety initiatives. The Police are responsible for roadside enforcement of cars. However, DVSA work with the Police in joint enforcement operations targeting all vehicles. Appointed DVSA Stopping Officers are given the power to stop vehicles they are empowered to examine under Section 66B Road Traffic Act 1988.
  14. Ethics prevent me giving direct individual detailed advice. You really should have dealt via your own insurers and not had to do any running around or cost saving. If your own insurance, car or caravan, includes legal cover I would engage with that, after all you've paid for it! Alternatively go to your insurer and see if they will assist and take over the claim against Hastings. The only thing I would add in relation to fuel, phone etc. is that you chose to manage the claim, you weren't forced to.
  15. Perfectly at liberty to complain to the Ombudsman but they will expect all other avenues of complaint with the insurer concerned have been explored. The thing to consider is what will you be complaining about?, your own insurer for raising the premium which they are perfectly entitled to do whilst there is an outstanding unsettled claim or the other driver's insurer for dragging their heels. I get the impression you are doing all the work on the claim. Are your insurers (car & caravan) not arranging and paying for your repairs and claiming from the other party's insurers to settle the claim?
  16. It would equally apply to a civil case e.g. damages claim following an accident. No law may have been broken but the legal definitions would still be applied in the same way. So does waterproof teabag!
  17. If a legal definition of something exists then a Court would have no choice but to apply it as the current law. However, they may take into account, in mitigation, the circumstances of an incorrect definition in an 'unofficial' publication being innocently followed as an accurate or authoritative fact. The bottom line though is that ignorance of the law is no defence! As you say, the likelihood of a case being brought for this is highly unlikely plus in UK law kerbside weight has little relevance nowadays with MiRO and Actual Mass under EU Regs. being the more common definitions being applied even though often misnamed!
  18. I too understand the basis of his argument but cannot accept it as being correct. If a legal definition exists then, no matter which piece of primary or secondary legislation it appears in that is what must, not should, be applied. Naturally, if a genuine but erroneous guide has been followed in innocence then a Court may take that into account but they can only apply a legal definition if one exists and nothing that is not legally defined can supersede it. Kerbside weight and Mass in Running Order are individually defined in law and it is those definitions that would be applied regardless of the type of court or nature of the case.
  19. So in your expert legal opinion, any terminology from any source could be presented to and accepted by the Court and existing legal definition and/or precedent would be invalid. Interesting. I must point that out to the guys at the RCJ.
  20. I would suggest that the mismatched wheels are something to do with a previous owner or dealer and it didn't leave the factory like that. After a while you do find things that could be changed to better suit how you use the caravan. I have had additional, matching, electrical sockets installed where we need them because a couple of the ones originally fitted are in the wrong place for us. Things we cannot change we adapt to. What suits you may not suit someone else. The same approach applies to your home. Over time you change things, add things and remove things to suit your life style. What cannot be changed you make the best of.
  21. Once something is defined in one piece legislation that definition applies to all legal instances unless another piece of legislation comes along and uses a different definition for a specifapplication. However, it would make it clear that it only applied to that legislation and is not repealing the previous definition. Which one that I use. Kerbside weight or Mass in running order? The former is still current and referred to in a few pieces of UK legislation and the latter is in an EU Regulation. I agree with the comment made much earlier by Lutz. Kerbside weight is an outdated weight to use, especially for cars. Mass in running order/service is far more relevant and up to date.
  22. The poster profile shows they are in New York and have a RV so must be referring to motor vehicle tyres, not a caravan. The Goodyear G614 RST is advertised as a RV or camper 'tire' and only seems available in North America.
  23. You suggested the legal definitions only applied to criminal law and that in civil cases descriptions in towing codes and guides would be applied. That is wrong. If a legal definition exists that is what applies. Erroneous or misnamed use of legal definitions, such as in motor manufacturer handbooks, would be acknowledged as such by a Court but decisions will be based on the legal meanings, not a writers mistake.
  24. I have seen brochures and handbooks that misname in the same way despite the correct meaning being referred to elsewhere. It is most annoying and frustrating. 🤪
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