Any lawyers out there. (1 Viewer)

[geoff1947]

Need some professional advice pse.

I bought an Auto Sleeper motorhome nearly 3 yrs ago (June 2009) but up until February this year, when I read an article ref tyres in the Sept MMM, I was completely unaware of Motorhome tyres being rated CP whereas commercial tyres are rated C.
I was in S Spain and so I checked my spare to find I had a C rated tyre and as it is illegall to fit this on the same axle as a CP I was somewhat concerned.
I have contacted A/S who have PDI proof that it was fitted with 5 x CP tyres when it left their factory!
I also have the PDI from the dealer dated 15 June 2009 when I purchaed the vehicle showing that the spare wheel was checked (I dare say someone looked and said "yup there is a spare there" but did not check to see that it was a CP.
Drawing out the H&S card, I feel that it was their "Duty of Care" to provide me with a vehicle that was "Fit for Purpose" but they are not playing ball etc.
They even intimated that I could have changed the tyre and am now trying to con them out off a new one. Hand on heart this is not the case.
Any advice pse on how I can resolve this as I will be out off pocket to over £100 to buy a replacement when I feel it was not my faultor is it the famous Catch 22?

 

[slobadoberbob]

Your claim may be time barred

Your claim may be time barred.

I do not think the 'duty of care' situation would apply to this issue as the vehicle is fit for purpose and a lot of vehicles do not have a spare.. like a smart car for example..

If I was running this as a case.. I would give you about 50/50 chance of winning.. I would not recommend to a client to proceed.

But suggest you see a solicitor and take advice... I am retired now myself... but others may give yo a view? What say you Treacle?

Bob

 

[rangi]

After three years???? My advice, Grin and bear it.:Sad:

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[Gromett]

Fees will probably cost you more than the tyre would to replace.
Might be able to offset some of the expense by flogging the unwanted tyre...

Might be worth getting a small claims court form. filling it in (include any costs for filing and turning up travel etc). Address and stamping an envelope.

Make a photocopy of the whole lot and forward it to them with a polite but straight forward letter. Might be a chance they will cover the cost or part of the cost to avoid the expense of turning up?

 

[TheBig1]

Need some professional advice pse.

I bought an Auto Sleeper motorhome nearly 3 yrs ago (June 2009) but up until February this year, when I read an article ref tyres in the Sept MMM, I was completely unaware of Motorhome tyres being rated CP whereas commercial tyres are rated C.
I was in S Spain and so I checked my spare to find I had a C rated tyre and as it is illegall to fit this on the same axle as a CP I was somewhat concerned.
I have contacted A/S who have PDI proof that it was fitted with 5 x CP tyres when it left their factory!
I also have the PDI from the dealer dated 15 June 2009 when I purchaed the vehicle showing that the spare wheel was checked (I dare say someone looked and said "yup there is a spare there" but did not check to see that it was a CP.
Drawing out the H&S card, I feel that it was their "Duty of Care" to provide me with a vehicle that was "Fit for Purpose" but they are not playing ball etc.
They even intimated that I could have changed the tyre and am now trying to con them out off a new one. Hand on heart this is not the case.
Any advice pse on how I can resolve this as I will be out off pocket to over £100 to buy a replacement when I feel it was not my faultor is it the famous Catch 22?

To be honest I would write it off as a lesson learnt. If we all knew what we do now in hindsight, I am certain it would of saved a fortune over the years:thumb:

think of it as lucky you found the problem before fitting it and then having a disaster if it failed prematurely. Dont forget, you can sell the unsuitable tyre to offset some of the cost of its replacement

 

[vwalan]

i would ask is it ilegal to fit them on the same axle.
might be .but thatrs a new one on me. i would fit c rated tyres anyway.

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[aba]

just say its a temporary spare and dont drive over 50kmh if you use it.

any spare is better than no spare at all

and if there really was a problem how do they get away with spacesaver spares on 4x4's etc.

 

[pappajohn]

and as it is illegall to fit this on the same axle as a CP


Why is it illegal ?

as long as both tyres are radial ply, the same load rating, the same pressure rating and same size there is no problem.

only in France do tyres have to match on make, type and tread pattern/wear

 

[Chris]

Well, you are not time barred. You would have 6 years to make a claim like this.

For £100 I really wouldn't bother though to be honest.

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[geoff1947]

??

My son is a Traffice Officer with Thames Valley Police and his advice is that if fitted etc etc and I caused an accident and someone was killed etc etc my insurance company would not pay/support me!! Will have to suck it and see and thanks for the advice

 

[pappajohn]

My son is a Traffice Officer with Thames Valley Police and his advice is that if fitted etc etc and I caused an accident and someone was killed etc etc my insurance company would not pay/support me!! Will have to suck it and see and thanks for the advice

I would venture to say 75% of all vehicles have at least one odd tyre (make, model or tread pattern)

regardless of insurers ideals.....if load, speed and pressure rating are within limits there is no difference.

 

[vwalan]

as we know police dont actually know that much.
just have a word with vosa and find out there views . i reckon they will laugh at you.
even worse is you havent took it down and checked it yourself in 3 years . wheres your duty of care. cracking or bulges even pressure loss could have happened.

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[simsy56]

My son is a Traffice Officer with Thames Valley Police and his advice is that if fitted etc etc and I caused an accident and someone was killed etc etc my insurance company would not pay/support me!! Will have to suck it and see and thanks for the advice

Insurance companies do not like to pay out, period.

Craig

 

[geoff1947]

as we know police dont actually know that much.
just have a word with vosa and find out there views . i reckon they will laugh at you.
even worse is you havent took it down and checked it yourself in 3 years . wheres your duty of care. cracking or bulges even pressure loss could have happened.

I never said I DIDN'T take it down as you quoted> I do so prior to doing a long trip to ensure that the mechanism is greased and works and the pressure is OK. I even take it off and clean it annually before I go off to Spain WHAT I didn't check was the rating i.e. CP or C as I didn't know about it!!

 

[vwalan]

sorry didnt mean it nastily . but as far as i know there is no legal reason not to mix them.
think if you make enquires that possibly the article is wrong if thats what they say.
think its not worth bothering or worrying about.
there seems to be alot of scare mongery going on about lots of things these days ./

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[geoff1947]

I visited Marquis Plymouth last week and noticed a lot of new M/H with C rated tyres So I checked with my tyre fitter and as far as he was concerned it was not advisable to fit C tyres due to the fact that they can not achieve the pressure as required by CP. I noted on my tyres that there is a caviat saying as it is a camping tyre it could be inflated to a higher pressuer Thanks for all your comments and the boss is not as worried as she was!!

 

[Chris]

Insurance companies do not like to pay out, period.

Craig

That's very true.

 

[suavecarve]

Fees will probably cost you more than the tyre would to replace.
Might be able to offset some of the expense by flogging the unwanted tyre...

Might be worth getting a small claims court form. filling it in (include any costs for filing and turning up travel etc). Address and stamping an envelope.

Make a photocopy of the whole lot and forward it to them with a polite but straight forward letter. Might be a chance they will cover the cost or part of the cost to avoid the expense of turning up?

Of all the advice offered this one appears best in my humble opinion. Can you not offer them the 3 year old unused tyre in part exchange and then they wont take the whole of the cost and neither will you.

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[2657]

I visited Marquis Plymouth last week and noticed a lot of new M/H with C rated tyres So I checked with my tyre fitter and as far as he was concerned it was not advisable to fit C tyres due to the fact that they can not achieve the pressure as required by CP. I noted on my tyres that there is a caviat saying as it is a camping tyre it could be inflated to a higher pressuer Thanks for all your comments and the boss is not as worried as she was!!

Every tyre has a max load at a specified pressure, this is clearly marked on the sidewall, if the imposed load is within these limits I do not see a problem.Personally I now adjust my tyre pressures to this figure if I am approaching the max load (when towing the 5er) and not the figures in the manufacturers handbook. This is after suffering premature wear on tyres inflated to the vehicle manufacturers specifications when towing caravans and the 5er.