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GeorgeTelford
Deleted User
A chap tried to get a refund or exchange on an ilegal width camper and took it to the courts as unfit for purpose sold (being ilegal width you would assume he had a good case) Failed in court as blind eye been turned for years (a so called "Nelsons touch" defence)
In the case of Barry Bramhill and Maureen Bramhill v Mark Edwards and Jane Edwards , the claimants, a couple of motor-home enthusiasts, spent £61,000 on a second-hand "Dolphin" motor-home. The vehicle was roughly the size of a normal single decker bus, 34 feet in length and 102 inches wide. However that width was in excess of the maximum permitted by the Road Vehicles (Construction and Use) Regulations 1986 by two inches. It had been imported from North America by UK based dealers, Mr and Mrs Edwards, the defendants, who conducted much of their trade at shows around the country. It was claimed that the dealers had told Mr Bramhill that the vehicle was 100 inches wide and "perfectly legal for use within the UK".
The Bramhills began legal proceedings against Mr Edwards' motor-home sales firm, Destination RV, when he refused to swap their vehicle for a slimmer version. The couple lost an initial court hearing in Leeds so took their case to the Court of Appeal in London. They argued that the Edwards had misrepresented before the purchase of the vehicle that it complied with UK law and that, at the time of sale, it was not of satisfactory quality in accordance with a term implied under the Sale of Goods Act 1979, section 14(2).
Giving judgment, Lord Justice Auld noted that there was "ample evidence, albeit of a secondary and circumstantial nature … that the authorities had turned a blind eye to wide-spread breaches of the regulations and that that was well-known to enthusiasts". The Bramhills told the press that they were "utterly shattered" and facing bankruptcy and a crippling £180,000 legal bill.
Bramhill v Edwards and Edwards (Destination RV)
Link Removed
The ruling in full is here
Link Removed
It was a pretty sad day when the bailiffs called, Mr Bramhill was online in another forum til they removed the computer.
The full transcript makes pretty interesting reading (if you like that kind of thing)
In the case of Barry Bramhill and Maureen Bramhill v Mark Edwards and Jane Edwards , the claimants, a couple of motor-home enthusiasts, spent £61,000 on a second-hand "Dolphin" motor-home. The vehicle was roughly the size of a normal single decker bus, 34 feet in length and 102 inches wide. However that width was in excess of the maximum permitted by the Road Vehicles (Construction and Use) Regulations 1986 by two inches. It had been imported from North America by UK based dealers, Mr and Mrs Edwards, the defendants, who conducted much of their trade at shows around the country. It was claimed that the dealers had told Mr Bramhill that the vehicle was 100 inches wide and "perfectly legal for use within the UK".
The Bramhills began legal proceedings against Mr Edwards' motor-home sales firm, Destination RV, when he refused to swap their vehicle for a slimmer version. The couple lost an initial court hearing in Leeds so took their case to the Court of Appeal in London. They argued that the Edwards had misrepresented before the purchase of the vehicle that it complied with UK law and that, at the time of sale, it was not of satisfactory quality in accordance with a term implied under the Sale of Goods Act 1979, section 14(2).
Giving judgment, Lord Justice Auld noted that there was "ample evidence, albeit of a secondary and circumstantial nature … that the authorities had turned a blind eye to wide-spread breaches of the regulations and that that was well-known to enthusiasts". The Bramhills told the press that they were "utterly shattered" and facing bankruptcy and a crippling £180,000 legal bill.
Bramhill v Edwards and Edwards (Destination RV)
Link Removed
The ruling in full is here
Link Removed
It was a pretty sad day when the bailiffs called, Mr Bramhill was online in another forum til they removed the computer.
The full transcript makes pretty interesting reading (if you like that kind of thing)