Opinions and Queries
Page 62
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Freedom Must be Bought
WE are one of no doubt many haulage concerns " operating under what we think is called "The Flag of Free Enterprise," but our grouse is this: In January, 1951, our A licences were changed to "25 miles radius only." This took place with no compensation whatsoever. We have just managed to carry on inside the radius and now it seems quite clear that unless we purchase British Road Services vehicles, complete with A licences, we must wait until, possibly, 1954, before our former rights are restored.
Surely, this is rather ironical; that a stereotyped letter received in 1951 can take away our main source of livelihood; and that in 1953, unless we buy, we must wait until the last before our licences are restored.
London, N.17. D. J. A. BEER, Director, William Beer and Sons, Ltd.
The Answer is in the Affirmative !
IN his letter in your issue dated March 6. C. S. Dunbar A puts the question, "is the employer expected for ever to pay men for hanging about to make up time?" It seems to me that this is put wrongly. It is well known that some drivers will hang about to use up the time that has been gained by exceeding the present speed limit of 20 m.p.h. for heavy vehicles. This, as a matter of' fact, is a practice of long standing.
Employers, I am sure, would be only too pleased to pay their men for " making up time ", which, of course, is another term for "saving time ", but I am afraid that the answer to Mr. Dunbar's question is merely
"Yes." H. C. R. FLIGHT. Thornbury, Glos.
Coasting With 22 Tons • Cross?
IN the article by James Wilson, "Wise Planning for 30 m.p.h. Running ", published in your issue dated February 27, the author condemns himself when he makes such statements as "no exceeding of 30 m.p.h., even when coasting downhill." This was made in connection with a modern eight-wheeler, laden to 22 tons.
In my long experience as a driver of heavy goods vehicles, I would say that anyone coasting with a vehicle of this weight would be a menace on the road. It is not so much the speed that is dangerous, as witness the way in which lorries operate when there are no police patrols around, but foolhardy tricks such as this.
Yeovil, Som. S. MILLS.
A Hire-purchase Controversy
/OUR issue dated February 20 contains an article by a your legal adviser entitled " H.P. Penalties Not Recoverable ", in consequence I am seeking advice on a difficulty I have had with a finance company. In September, 1952, I purchased a lorry for £900, paid £300 and left £600 on hire purchase, plus charges of £75. However, the vehicle was not satisfactory and being a one-man business, I could not keep up the payments as well as pay for the repairs. I therefore contacted the finance concern and it was agreed that DIG
should be permitted to sell it so that I could repay the debt. The sale was made in December of the same year and the money paid into my bank, with instructions that the finance company should be paid.
With insufficient money to pay any instalments and having had only three months' use of The company's money, I expected the charges to be about £15, but I was informed that the full interest of £75 was required. I did not consider this right, as the £600 was to have been repaid over 18 months, whereas it was returned to them after only a short time.
I wrote pointing this out, but the company would not accept any less amount and stated that if this was not paid the vehicle would be reclaimed from the buyer. This left me with no option but to pay.
What I wish to know is whether I can recover any of this sum, as the company was kept informed of everything that had occurred and given the name and address of the purchaser. 'PUZZLED. Carriforth, Lancs.
[It is always difficult to advise on bare facts without seeing any of the documents concerned. However, S.4(1) of the Hire Purchase Act, 1938, provides that where the hirer wishes to terminate the agreement, he may do so at any time upon giving written notice, and that in such an event he will be liable to pay the amount, if any, by which half of the hire-purchase price exceeds the total of the sums paid or already due. Thus, if in this case the inquirer had wanted to terminate the contract the day after he had entered into it, it would have cost him £187 10s. above his deposit of £300, i.e., half of £975 minus £300 already paid. This would lessen, however, according to the amount already paid, so that when half the hire-purchase price was paid, nothing further would have been payable if he had determined the agreement. Even if he has overpaid the finance company. however, it appears that he will not be able to recover any of the amount overpaid, as it is an absolute rule that no money paid under a mistake of law is recoverable. It may be otherwise with a mistake of fact, but this was clearly, the former.—Fn.]
Value of Films for Instruction
THE Government recently announced a scheme under which £3m. will be spent to aid industry. Part of this money will be devoted to the production of pub licity and training films. In the case..of the motor industry, jt is surprising that greater use has not been made of films for instructional purposes.
Now that films are being made for rescreening on television, and with sponsored television in the offing. the possibilities for this medium are expanding. Some of the larger concerns are.already using films to advertise their products, although they may be semi-instructional. Films which are purely technical and concern the construction and maintenance of vehicles could he a boon to technical educational institutes.
Technical schools can teach the theoretical but not in all instances the practical. For example, take the task of refitting a cylinder head. Obviously, the classroom requires an engine for demonstration, around which only a limited number of students can gather. A film could display the same job to a greater number of pupils Films would undoubtedly be of immense value in Over seas institutes that lack equipment.
Glasgow, W.4. ARTHUR R. WILSON, M.I.R.T.E.