Paul C
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Posts posted by Paul C
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Do you have a wiring diagram for the boat?
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Its not well established.
You can be responsible for something you don't legally own - for example a car. Loads of lease cars etc out there are a good example.
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The concept that you'd set the price of something as what's fair to charge or based on the actual cost of supplying it; versus the achievable price in a capital market, is romantic but a bit 20th century.
Anyway, the CRT Commission isn't about the setting of prices.
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16 minutes ago, IanD said:
<sigh> if somebody is an agent/broker who promotes/organises a sale but never takes legal ownership of the item, how can they be held legally responsible for any laws being broken by that article? (dangerous, radioactive, missing documentation...)
If they tell porkies about it then they can be sued for misrepresentation, but only the legal owners of something can have legal obligations for the thing itself -- meaning the seller and/or the buyer in the case of a boat, since that's how legal ownership transfers.
At least, that's my understanding of English law, backed up by all the consumer laws relating to middlemen like eBay and Amazon and auction houses and estate agents. Lots and *lots* of case law to back this up, if anyone cares to look... 😉
If the BMF believe otherwise then I guess it's up to them to put their money where their mouth is and sue one of their own members who disagrees with them. I'll get the popcorn... 🙂
Because it comes down to how tightly or loosely you define "supply chain" (because the RCR defines a distributor as someone other than the manufacturer or importer, who is in the supply chain). Its an interpretation on the words, which is different from (for example) Consumer Rights Act 2015 or Sale of Goods Act 1979 - for which there is much case law. There is no case law for this. So different opinions can sit alongside, with no better merit than each other.
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All the canals are rubbish up north, don't bother coming. 😉
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21 minutes ago, Anonathy said:
How do you all know who is a 'Continuous Moorer'
One way would be to walk a dog along the same stretch of canal 15+ days.
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58 minutes ago, MtB said:
All academic surely, as the OP says he has a twin-coil calorifier. One coil to heat the domestic hot water using the engine, a second coil to heat the domestic hot water using the (now removed) gas boiler. The plan is to fit a new boiler in a different place in the boat, whixh now seems simple as the new boiler just needs tee-ing into the existing flow and return pipes.
Yes, in this instance making a circuit on the 2nd coil of the calorifier to the new heater and the internal radiators is the best way. The fact that if valves are open then the boat gets some amount of heating off the engine, is a little bonus but not optimal if the new heater wasn't there.
1 hour ago, nicknorman said:But surely that means the central heating is heated whenever the engine is running - even in mid summer? Ok you can turn the radiators off individually but the pipework will still be hot. I would also worry about the engine running too cool under light loads, which over time is bad for the engine.
Canal boat engines are run too cool all the time. I believe some have a 2 stage thermostat (to prevent the coolant flowing through the skin tank), and/or you can add valves in, to prevent the internal pipes being involved during engine running (but you might need a 2nd header tank). You can keep the pipework/valves simple and have some compromises, or make it more complicated and achieve better efficiency.
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16 minutes ago, Tacet said:
I let this one go. Alan seems to think someone can sell something that it doesn't own.
Like a commission sale?
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The extra soil/etc being washed away at the moment isn't good base to build on, it would need to all be shifted out the way anyway. So I don't think the leaky stop planks and lack of proper damming is as big an issue as people are making out. And the ground to build the track to big in the big machines is (probably) underwater at the moment too. I'd not be surprised if they delay any significant work until March.
Also, to happen on 1st Jan is really bad timing. And with 2-3rd being the tail of a week, many aren't back in and had made commitments. Obviously there are some on-call staff, who would have loved the 5am wakeup call. This is a big civil engineering project we're looking at here, not a half day "shove some quick drying concrete to plug it" bodge job.
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Isn't the problem here, that you have 2 indirect heating source --> heating sinks? Thus, a delta T across each when they transfer heat. Say if your engine coolant got to 80 deg C, there's a temperature differential and the calorifier will only ever get to (say) 70 deg C? Then if its 2nd coil is employed as a sink instead of a source, it will only ever achieve 60 deg C?
It would be better plumbed so the engine coolant, a coil of the calorifier, and the domestic radiators are all on the same run. That's what we had in our old boat and it worked great. The only problem was, the length of run made the coolant capacity quite high, the original expansion tank wasn't big enough, but we eventually sussed it and fitted a larger one, which did the job.
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Probably a good test is if you aren't liable for Council Tax elsewhere. For example, if you use an old relative's address as a land-based address, have you also registered for council tax there, possibly losing them their single-occupancy discount? No? After all, the householder there is under a legal obligation to declare the residents of that household.
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12 minutes ago, Tacet said:
I'll ask again, are the likes of Apollo Duck, eBay and even this site in the "supply chain" when they advertise a boat? If not, where does one draw the line?
Clearly yes, clearly yes, no. I think its fair to say a broker is a "distributor" and is part of the supply chain. So its also fair to say Apollo Duck and eBay are, since they are commercial operations that take a payment or commission (ie the sellers fee relates to the final price). But CWDF doesn't actually charge for adverts, so it can't be seen as a commercial operation in the same way.
It creates an interesting situation where Apollo Duck ARE liable, but a private seller listing the item isn't - because the former is commercial and the latter isn't.
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36 minutes ago, Cheese said:
Sales of Goods Act might apply if you mis-describe something.
It was replaced in 2015 by The Consumer Rights Act. In any case, for a private seller, it is very broad ranging - all they have to be is "as described" (summary).
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If a minor buys cigarettes, the sale would have been illegal and the seller liable for prosecution. But its not illegal in itself for the minor to then smoke them.
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1 hour ago, Tacet said:
The RCR states:
"making available on the market” means any supply for distribution, consumption or use on the [Market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge and related expressions must be construed accordingly;
1. If the draughtsman wished to include private sales, it could be achieved by omitting the words "in the course of a commercial activity" thus
"means any supply for distribution, consumption or use on the [Market of Great Britain]..... whether in return for payment or free of charge and related expressions must be construed accordingly;
But it doesn't omit this phrase. Thus your suggested interpretation offends the rule against superfluiity, which is a firm guide for interpreting legislation and contracts
2. If the definition captures private sales (because they are financial transactions), where does this leave free of charge transfers, which are clearly included, but not, even in your way of thinking, commercial transactions? It becomes incomprehensible.
Your confusing a financial transaction with being in the course of a business activity. It would mean that every purchase or sale of anything would be a commercial activity
Exactly
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Yeah, I'm of the opinion that "commercial activity" doesn't include private sellers. Even if that private seller makes a profit on buying/owning/selling a boat.
I think it means brokers, pure commercial sellers (eg Whilton Marina who buy and sell boats in addition to brokerage so they are at some point the true owner), manufacturers, importers, hull builders, dealers, distributors, etc
After all if it says commercial activity, there must also be non-commercial activity.
And the profit thing.......its entirely possible a manufacturer doesn't make a profit, so it can't be used to define commercial.
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7 minutes ago, junior said:
I take it no official word from Peel/BCC yet?
Not even on their stoppages page yet.
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47 minutes ago, David Mack said:
And the money!
The piling hasn't been pushed in by the weight of the ground behind. The piles extend way below the normal canal bed level, but as a result of the breach the canal bed has been eroded to a much greater depth and all the ground around the bottom of the piles has been washed out, leaving nothing to hold them upright.
Apologies, the bit I needed to see was behind the copyright notice. Now there's another video, I can see what you mean now.
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15 minutes ago, Cheshire cat said:
I would say that expecting any heavy equipment to get anywhere close to the breach before April is wishful thinking. There's no easy access and the fields are under water. Farmers were attempting to put the stop planks in at Back Lane Bridge, Dunham Village this afternoon. They were in but the seal was very poor.
Indeed, it will be an engineering challenge.
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When I saw the piling collapsed inwards, I assumed that during normal (canal full) level, there is little/no force on the piling, with the weight of the water in the canal being balanced by the weight of the ground on the bank. But during the exceptional scenario of the canal being completely empty, the weight of the soil/ground (remembering it will be heavy and waterlogged too) would easily push it inwards. The canal may have failed there, or it may have failed much further downstream and the water flowed away.
Let's hope they can get some proper heavy duty hardware in place to properly stop/seal the canal for now, then refill and refloat those affected further away. And if there's boats close by, can bring in the necessary lifting equipment to remove them soon if needs be.
I imagine the rebuild will take more than a year.
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Since you're hand pumping the oil out, you can stop and dispose of each milk carton as needs be.
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Milk carton is a good idea because they're quite small (well, if you buy your milk in 500ml or 1litre cartons. Obviously, it is quite thin, so transfer it to a more suitable container, eg a 5 litre oil can. I'd not worry about the oil dissolving the bottle (milk is an emulsion of water and fat, after all) but the tops aren't that strong to seal. I am lucky enough I can get a 5 litre can into the oil hand pump spout.
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So they require you to have the boat serviced regularly, and won't cover "Wear and Tear, and Worn Out Component(s)" or "inherent faulty design or manufacturing fault". But apart from that, it looks like a good deal. They want £450/year for it too.
Its 10x better than almost all secondhand car warranties I've seen, that's for sure!!
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They say a low-additive oil such as CC/CD is better, prevents bore glazing.
When I last did my boat engine oil change, I wrapped both the oil filter and the tool in a plastic bag (eg a large transparent food/freezer bag), then loosened it etc. Didn't spill a drop of oil into the bilge.
Constant cruising
in Moorings & Marinas
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If you're planning ahead on breaking down, you could also plan ahead to NOT break down.