Is this weightplate legal?

[shropshirefuzzyed]

Hi,

one of the niggles with my new van is that i specified it with a weight upgrade,I did this as i had decided that i was going to have aircon and a motor mover which would mop up most of the payload.When i collected the van the weight plate stated the unladen and laden weight as standard which i bought to the companies attention there and then and in writing afterwards.

The manufacturer has now provided a new weight plate which the dealer has fitted which in my mind is not right as it does not differentiate between laden and unladen weight it just has a single weight on it which was its former fully laden weight which is still short of the upgrade i need.They have told me that i am now able to tow upto the upgraded weight not stated.I believe this is not right and so far despite assurances of a manufacturers letter on its way to confirm its weight ability none has arrived,is it me or should i be reaching for my solicitors number?

Andy

 

[ProfJohnL]

Hello Andrew,

If you made it a specific criteria of your contract to purchase, and it was agreed, that the caravan would be supplied with an increased MTPLM rating, and that has not been provided, then the other party is in breach of contract.

It would be helpful to your case that the specification had been written into the contract document, but even if it was verbal agreement and it was witnessed and understood then in theory it has the same weight in civil law.

You can only legally use a caravan up to the plated weight displayed on the caravan chassis, a verbal statement would carry no sway if you were stopped and found to be in excess of the plated weight.

Fundamentally the criteria to fulfil the contract is that the MTPLM should be greater than the standard model, if there has been no increase in the plated MTPLM then you have gained no benefit from the replating.

Seek professional legal advice.

 

[ProfJohnL]

Hello again Andrew,

I have thought of two other important points, which you solicitor should tell you or at least confirm.

For clarity I should have stated that only the plated figure will be acceptable, and if you were pulled up for testing, no amount of letters will change the fact that the law will only recognise the figure on the plate.

And secondly, Your complaint or issue is with who ever you have paid your money too. It is a contractual matter, and I assume it will be your dealer. The manufacture has no part in your contract and as such your claim and complaint is against your dealer.