Hyperthetical RV purchase question Forums

DABurleigh

I'm with Snelly's last post on this one. (Thanks John(RR) - only a couple of days ago I was looking for that DfT "no plans to change the law" that I was aware of but couldn't find again).

"bent" and conspiracy theory charges against the DVLA are a bit strong. I know a little about the public sector and while incompetence is rife, corruption is thankfully extremely rare.

So I will re-iterate my call for evidence (and I wouldn't give any credence to ItchyFeet's site by acknowledging there was any on there!) and back it up by saying:

1) If DVLA registration of a private importer of a certain model/year RV has been rejected on grounds of overall dimensions, and the same one has subsequently been successfully registered by a large dealer, and if on width grounds that model has a sidewall-to-sidewall dimension ovr 2.55m (because the individual may not have removed items the dealer did), then I welcome the opportunity to help that personal importer recover the situation or seek redress.

I am aware, as I have said before, that the DVLA registration does not certify the vehicle is road legal in the UK. But they SHOULD apply consistent standards.

2) If any purchaser from a large dealer of an RV with sidewall-to-sidewall dimension over 2.55m wishes to seek redress for being sold an illegal vehicle, I am willing to assist them provided they pursue the matter using the Road Traffic Act (and not the Sales of Goods Act - groan, what a lost opportunity that was).

And if the situation is not clearer by the Peterborough show, I'm going to take a tape measure and have some fun.

Dave

SandJ

Not wishing to go off topic as I hope you see the relevance, what is the maximum car length? Is one in place? What about the size of some of the Limousines?
Sorry if you can not see the relevance

Steve

olley · Campsite DB Admin

Hi Dab an offence against the Road Traffic Act, surely only the CPS can instigate a prosecution for this sort of offence? After all I can't take you to court for speeding.

I thought that was why in the destination case they went the "sale of goods" way.

Olley

DABurleigh

Olley,

I suspect why they went for the Sales of Goods Act was through poor legal advice; indeed I wondered when I first read of the case whether they had a case against their own legal advisers, at least for the costs of the case they had to bear. I suppose in a nutshell the Sales of Goods Act is about merchantable quality, and if there is no problem getting insurance and there is a healthy new & second hand trade in many similar vehicles, by definition that's merchantable!

If an individual cannot persuade the authorities to pursue a case on their behalf, s/he is at liberty to do so through the civil courts, which have a lower threshold "balance of probabilities" rather than "beyond reasonable doubt", though this distinction should not be an issue if a case is pursued invoking the Road Traffic Act, where it should be a pretty black and white matter of fact.

I would LOVE it if someone buying a wide-bodied RV from a UK dealer would simply state in manuscript on the signed contract of sale that the sale was conditional on the vehicle being handed over in a state that is legal for use on UK roads. It doesn't take 10 seconds and the insight into the dealers's perception of the bottom line would be marvellous.

Dave

kands

Ooh Dave, you are so naughty, but I have to agree with every word. I too wondered if the "lost case" would end up with the losing party suing his legal advisers, in my opinion he certainly should have investigated the possibility.....
I am looking forward to someone giving you the opportunity to assist them when they find out that they have purchased an "illegal" vehicle, that story will make damn fine reading mate Laughing

Lets just hope (please someone wake me up Laughing

) that this issue is resolved sooner rather than later.....

Keith