- Nov 12, 2013
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In this week's blog, our Tow Car Editor David Motton's in turmoil with a Tucson, in search for the truth regarding its kerbweights. To find out more, please click here.
Raywood said:Some consistency is needed but until we have it this is the best information we have to base our purchase decisions on. I do wonder if you find the published figure is badly out and causes you a problem if you have a right to get your money back due to the figures caused you a serious problem.
ProfJohnL said:Raywood said:Some consistency is needed but until we have it this is the best information we have to base our purchase decisions on. I do wonder if you find the published figure is badly out and causes you a problem if you have a right to get your money back due to the figures caused you a serious problem.
I'm sorry Ray, but that is exactly what part of the problem is, the current calculation is based on such wildly inaccurate information, that its far from consistent. At least with ULW which is a WVTA figure is a far more secure value.
As for your second point, the answer is dependant on some circumstances. If you were to tell the car dealership of your intention to tow a particular weight of caravan and you specifically ask about the kerbweight or any other technical feature, and the dealership confirms it to be compliant with your request, then that becomes part of the contract to purchase. If when the car arrives it differs from any of these figures in a way that prevents you from doing what you wanted, the car is not as described, and as with any other retail purchase the seller is in breach of contract.
Raywood said:... A car seriously heavier than the declared kerb weight could find the outfit illegal through no fault of their own....
Raywood said:I agree the burden of proof is on the driver and the offence is absolute. If you can show that you used the manufacturers figures and they were wrong it would be a plea in mitigation or they might let you off with a warning. The other problem could be if stopped at a motorway services or similar if you are not licensed to drive the combination you would have to leave it there until you found someone who could drive it which might be very costly.