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PostPosted: Fri Apr 11, 2014 8:00 pm 
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Someone will come along with the answer soon. 8)


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PostPosted: Fri Apr 11, 2014 8:29 pm 
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roythebus wrote:
Anyway, the LO reckons there's some case law on vehicle age which I'm unaware of but which he's running past their legal department today, so hopefully the matter will result in good new for me later today.

No new case law, just that nowadays the courts go along with DfT Best Practise Guidance which says age isn't an issue.

Might be worth quoting what the Law Commission said on this matter.

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PostPosted: Fri Apr 11, 2014 9:17 pm 
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they all use the Hyndburn case - but there had been cases won on age because the council messed up in their Application of the condition........ so each case has to be examined on its merits rather than the
simple fact alone.


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PostPosted: Sat Apr 12, 2014 1:50 pm 
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I suspect with mine it's the application of the condition and the interpretation of the council rules.

The LO came from a neighbouring area with no age limit on cars and he reckons there were some right rust buckets on the fleet there which though they passed the compliance test he didn't really want them to carry on operating.


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PostPosted: Sat Apr 12, 2014 7:09 pm 
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Looking back through this thread, Mancityfan mentioned Hyndburn; that mentions Sharpe-v-City of Nottingham (1981) which seems to be the first test case on this matter. I can't find the transcript for that case, but there's a good précis of it here: http://www.corby.gov.uk/sites/corby.gov ... Policy.pdf which I probably what my LO is going by. :)


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PostPosted: Mon Apr 14, 2014 10:15 pm 
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Well, the visit to the LO was fruitful today; he's happy with the condition of the car and will issue the licence for a further year. 8)


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PostPosted: Tue Apr 15, 2014 8:37 am 
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roythebus wrote:
Well, the visit to the LO was fruitful today; he's happy with the condition of the car and will issue the licence for a further year. 8)

Well that's very good new. \:D/

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PostPosted: Tue Apr 15, 2014 10:27 am 
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Sussex wrote:
Well that's very good new. \:D/

Well I hate to disagree with you Sussex, but I think you will see that it is in fact, "Very good old". :badgrin: :badgrin: :badgrin:

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PostPosted: Tue Apr 15, 2014 10:06 pm 
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But looks as good as news. :roll:


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