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Subject Topic: Opinions Please Post Reply Post New Topic
18/9/2012 at 9:03pm
 Location: Sheffield
 Outfit: Rallye Compass 634
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I bought our twin axle van back in June and unfortunately the storage facility where we kept our single axle couldn't accommodate us due to the extra length.

We took a space on an alternative storage site which was not ideal due to the ground not being completely hard standing and the pitch available being on a slight incline which my mover struggles with if it's wet.

The first time we took the van away I grounded the back end on the slope down from the site on to the public highway resulting in the plastic foot being smashed off and much screaming from my wife, the van is 26.5 ft and I tow with a Navara so it is a long unit, I spoke to the owners of the site who said other people had the same problem with longer vans and to try and drive as close to the right hand curb as possible with the car when entering and exiting as this may eradicate the problem. We attempted this but with no joy and the only solution is for my wife to edge the van out while me and the kids lift the back end which as you can imagine take the edge off .

The original site have now been in touch to say they a have space for the van which I have taken for obvious reasons and I have asked about the possibity of a part refund from the new place but they have point blank refused. Would I have a case under the fit for purpose law ? I would expect they will fill the space easily so don't stand to lose much. I have spent a good few quid in their caravan shop and will gladly still use them if they are reasonable I would think they could do with out any bad press so do I mention that I might name and shame on here ?

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Not here for a long time Just here for a good time


18/9/2012 at 11:41pm
 Location: lancs
 Outfit: Dethleffs 550 + volvo s80
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Everybody deserves a second chance, if then you dont get any joy,then name and shame. We caravanners need to stick together, and I know its no good to you now but it may stop others wrecking their vans.....


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19/9/2012 at 7:31am
 Location: Hampshire
 Outfit: None Entered
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That's life, unfortunately. You don't have any right to a refund I am afraid.

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John



19/9/2012 at 8:00am
 Location: flint north wales
 Outfit: swift challenger 480se 2002
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nope definetly do not try to get a refund ,one day you may have to go back there so why queer your pitch ,not worth it IMHO


19/9/2012 at 9:52am
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Its a pity that you have cancelled your space as i was thinking you could have sub let it if you are allowed to do so ?

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Animals have feelings..

JEFF................


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19/9/2012 at 1:12pm
 Location: Sheffield
 Outfit: Rallye Compass 634
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Good point Jeff, I am not moving the van while the weekend and I will have a look at the T&Cs re sub letting although I would hate to think I had sub let to someone who might rip the bottom off their van.

Think I will have to put it down to experiance although I will not be frequenting the caravan shop in the near future and will warn anyone that will listen about the access problems.

 



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Not here for a long time Just here for a good time


19/9/2012 at 6:47pm
 Location: Southwest
 Outfit: Mondeo 2.2 Titanium X
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It depends on your storage agreement with them surely. If you agreed to pay for set periods and they provided the faility I doubt if you have a case to claim any money back. If you consdier staying there, you could do worse than buy a couple of tonnes of Type one and stone over your storage pitch yourself. It's not that expensive to buy & should sort out your problem.

Out of interest, how much do they charge for outside storage? There's a place near here who were asking for £28 per month outside & £38 per month under cover. This was about 18 months ago when I put my name down to store there & I'm still waiting so they must be in demand even at that price.

BB



19/9/2012 at 11:05pm
 Location: Keswick
 Outfit: Bailey
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Some storage sites do make a condition of the contract that you pay for the full period of your storage. It is not their decision to move the van elsewhere. As for the "fit for purpose law" that law applies to goods you may purchase from a business so that argument will not work. Argue the wrong case and you get an answer to that wrong case....which will be wrong!! From what you say they claim that there is a way to get in and out without grounding the van, so, even if you had a case, they seem to be saying that the grounding is entirely your fault.

However, you say "I spoke to the owners of the site who said other people had the same problem with longer vans and to try and drive as close to the right hand curb as possible with the car when entering and exiting as this may eradicate the problem"

Now, just have a look at what your contract actually says and see if this argument rests with those terms and conditions.

They contracted with you to provide a service of making available a site for your caravan to be stored and for you to be able to come and go with your van as and when you required. It must have been implicit in your contract that a van of your description could leave without being damaged. However, they knew that your van could not come and go as similar vans to yours had been unable to leave without damage. Thus they should have advised you of the physical deficiency in the site so as to place the risk of damage etc with you rather than them. They failed to provide you with a relevant fact and that was a fact which evidenced that they could not deliver what they promised i.e free access to and from the site. Your contract is frustrated and in such cases the law requires that the parties are put into the position they were in as if there was no contract i.e you get your money back

An alternative argument - In the supply of the service your contract has implied into it that the site owner will use reasonable skill and care (Supply of Goods and Services Act 1982). Designing a site in a way that vans such as yours have to crash into the ground when they leave is not, (I would argue)  using reasonable skill and care. Breach of contract for which damages can be claimed

See if the contract prevents them from challenging that argument. They cannot write into a contract any clause that seeks to avoid their obligations under the 1982 Act

Phil

 

 

 

 



Post last edited on 20/09/2012 09:13:44

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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


20/9/2012 at 10:21pm
 Location: Brighton
 Outfit: Bailey Senator Vermont Nissan X Trail
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i store on a site and negotiated to pay monthly by standing order...if and when i move from there i can stop payment and only pay for storage period used

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should have done it earlier


21/9/2012 at 2:35pm
 Location: Derby
 Outfit: bailey pageant monarch
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when you sign an agreement with a storage site it becomes a contract in law by which both parties are bound, so you need to examine that contract to see what condiitons apply. Mine has covered this eventuality and no refunds will be paid.



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24/9/2012 at 1:24pm
 Location: Sheffield
 Outfit: Rallye Compass 634
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Moved the van at the weekend to the new facility and again mysellf and son had to lift the rear end to avoid grounding coming through the gate. I also tried what was suggested and turned hard right out of the gate for the more even ground which resulted in nearly taking the side of the van off on the gate post.

I have not decided which way to go on the refund situation and have not as yet told the site that we have moved.

My devilish side is considering storing a wheelie bin on the pitch or a nice potted plant for the remainder of the 10 month period I have paid for but I need to double check the T&Cs.

With regard to cost Basilbrush it worked out at a £1.00 per day but with limited access times and a very antiquated key system to the gate (thats just me being bitter)

The new place is more expensive but has remote access and longer opening times plus its flat and mainly tarmac.

Thanks for your comments.



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Not here for a long time Just here for a good time


24/9/2012 at 2:46pm
 Location: Keswick
 Outfit: Bailey
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Leave a pot plant and you have to pay for the pitch and thus defeat your own argument for a refund.

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


24/9/2012 at 3:51pm
 Location: between here & there
 Outfit: 2 berth corniche 15 2 x-type jag
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Quote: Originally posted by chaddite on 21/9/2012

when you sign an agreement with a storage site it becomes a contract in law by which both parties are bound, so you need to examine that contract to see what condiitons apply. Mine has covered this eventuality and no refunds will be paid.

 


we bought our 2nd 'van earlier this year and as she's quite a bit bigger than our old one which we kept at home on the drive

 we have had to put her in storage, if we decide to move our 'van  to another storage site within our contracted period we don't get a refund either, and the storage site we're on is a cossa gold site,

am only guessing but it seems to me the ' no refund' issue is an industry wide rule,




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no tin tent outings booked as yet ,just another cruise in Sept' booked so far


25/9/2012 at 4:21pm
 Location: Sheffield
 Outfit: Rallye Compass 634
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Quote: Originally posted by cwdc56768 on 24/9/2012

Leave a pot plant and you have to pay for the pitch and thus defeat your own argument for a refund.

Phil


Only joking about the pot plant Phil, I wrote to them yesterday requesting a partial refund on the basis of the infromation you provided and their T&Cs

Will let you know if I get a response.

Paul



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Not here for a long time Just here for a good time



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