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
------------- 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
|