Ebay caravan, dangerous condition.

pendulum

!!!!!! wrote: »

It would not have been unroadworthy if the buyer had completed the standard checks before taking it on the road.

This doesn't excuse the seller from selling an unroadworthy vehicle, if indeed the law does cover a caravan.

If the wheel nut check is "standard" as you claim, then surely the seller should have performed the check after getting the tyres changed, which would have uncovered the problem, and then they wouldn't have sold a dangerous, unroadworthy caravan, potentially breaking the law in doing so?

What makes you think the buyer should have spotted the problem and not the seller, when the onus seems to be on the seller to make sure the vehicle they sell is roadworthy unless described otherwise?

System

Let me see now

Seller is done for selling an unroadworthy caravan.

As a consequence, the driver of the vehicle will also be done for taking an unroadworthy vehicle on to a public road. Failure to carry out checks to ensure that, where possible, the caravan is fit for the road is not an excuse in law.

hartcjhart

pendulum wrote: »

This doesn't excuse the seller from selling an unroadworthy vehicle, if indeed the law does cover a caravan.

If the wheel nut check is "standard" as you claim, then surely the seller should have performed the check after getting the tyres changed, which would have uncovered the problem, and then they wouldn't have sold a dangerous, unroadworthy caravan, potentially breaking the law in doing so?

What makes you think the buyer should have spotted the problem and not the seller, when the onus seems to be on the seller to make sure the vehicle they sell is roadworthy unless described otherwise?

the difficult part would be to prove he 'Knowingly' sold it

pendulum

!!!!!! wrote: »

Let me see now

Didn't fancy answering my questions?

!!!!!! wrote: »

As a consequence, the driver of the vehicle will also be done for taking an unroadworthy vehicle on to a public road.

Not necessarily. As they can prove they only just bought it, and it was advertised as having no defects, I doubt it would be in the public interest to prosecute.

Alter_ego

pendulum wrote: »

Not necessarily. As they can prove they only just bought it, and it was advertised as having no defects, I doubt it would be in the public interest to prosecute.

Total rubbish, the driver is always responsible for the condition of his vehicle and any trailer, no matter if he's only just bought it or even hasn't bought it. We are not discussing prosecution here. It's about who should pay for the damage caused by the OP's negligence.

pendulum

Alter_ego wrote: »

We are not discussing prosecution here. It's about who should pay for the damage caused by the OP's negligence.

The thread started discussing the civil aspect (who should pay for the damage) but then widened to discussing possible criminal offences committed. These are relevant to the thread and the OP, because if the seller has committed an offence in selling the unroadworthy caravan he may be much more likely to contribute towards the cost of the damage and he could even be held liable for such, if he broke the law selling the caravan in that condition in the first place.

If you think the discussion is "total rubbish", then I suggest you just ignore it if you have nothing worthwhile to add.

Let us know how it goes, OP, and good luck.

Freddie_Snowbits

Reminder.

If you drive a hire car with a defective light, the driver gets the caution, not the hire company.

System

If the wheel flew off the caravan and hit the car behind it will be difficult to prove this happened because the bolts had not been tightened by the seller. The only evidence of this has flown off the caravan and a good defence could argue that there is no proof this happened because of the sellers negligence, just because the other tyre is loose does not prove 100% that the one that fell off was loose(although it probably was!).

Really you should have checked yourself and paid particular attention to the tyres if the OP had said he had just changed them

NeilF3485

How has this turned into any sort of discussion?

So OP buys a Caravan and on the way home with HIS caravan a wheel comes off causing damage to another vehicle (and thankfully not a fatal accident) as a result of his failure to check it was roadworthy?

For all we know the seller checked the wheels that very morning and some reprobates came along later and tried to steal them, it is all completely irrelevant - driver should have checked and didn't.