The consumer’s issue:
“I purchased a brand-new sports car in January 2020. A few weeks later, I noticed that my headlights were misting over due to condensation building up on the inside of the units. I took the vehicle to the accredited business and they replaced them under the warranty. However, the problem came back.
I complained to the business and they told me that the condensation should clear whilst my car is in use, but this is not the case, and they are still misty. I think the lights are not fit for purpose and are a safety issue because the water is affecting the cut-off of the dipped beam. This can potentially dazzle oncoming drivers and is causing a deterioration of performance whilst the lights are on main beam. As a resolution to my dispute, I am looking for the business to replace the headlamps free of charge.”
The accredited business’ response:
- We have carried out an inspection in accordance with manufacturer guidelines and have found no problem with the lights.
- Headlights are not sealed units, and are prone to condensation – they are manufactured in plastic for this reason.
- The condensation has no impact on the functioning of the headlamp and there is no present fault, nor will there be one in the future.
- Replacing the headlights therefore will not cure the issue, as it is a characteristic of their design, and whilst we initially changed them to try and appease the consumer, we are not in a position to do so again because the units are not faulty.
- If they were, we would of course replace them as that is in our best interests, but we cannot change a perfectly serviceable component, which is working in conjunction with its design.
The adjudication outcome:
- After reviewing the evidence and information provided by both parties, The Motor Ombudsman adjudicator was unable to find that the Code of Practice for Vehicle Sales had been breached.
- The adjudicator accepted that the headlights were affected by condensation and this issue was occurring from the point of sale, as the consumer first reported it only a few weeks after taking delivery of the vehicle.
- However, they did not agree that the condensation in the headlamps constituted a fault that made the vehicle of unsatisfactory quality or the headlamps not fit for purpose.
- It was noted that condensation in headlights is not uncommon and is a normal occurrence due to the way that they have been designed, and because they are unsealed units.
- The presence of condensation in the headlights was not evidence of a fault, and there was nothing to demonstrate that it was detrimental to the headlights’ performance.
- The adjudicator concluded that there was no technical evidence demonstrating the vehicle was suffering from a fault.
- Therefore, the complaint was not upheld in the consumer’s favour.
Conclusion:
- Both parties responded and accepted the adjudication outcome. The case was then closed.
