The consumer’s issue:
“The Park Assist system on my vehicle does not work, and has never been operational in the eight months that I’ve owned the car from new. I have experienced appalling customer service and have highlighted the numerous failures. These include the business declaring that the fault was fixed when it wasn’t, denying that there was ever a problem (despite having video evidence and demonstrating it with their technicians several times). The business has failed on nearly all occasions to do what they said they would do, and each time I have had to chase them in order to move the case forward. They now accept that there is an issue with the car and have stated they are unable to fix it. As a minimum, I request that the business be required to refund the cost of the Park Assist feature that they sold to me.”
The accredited business’ response:
- Unfortunately, we have been unable to remedy the fault with the Park Assist system on the vehicle, and therefore, we have agreed, as requested by the customer, to refund the £400 paid for this option on the vehicle.
- We are not able to guarantee that we can provide a fix, but we are nevertheless willing to continue to liaise with the manufacturer to find a resolution or provide assistance for the consumer to take the vehicle to another business for them to investigate a possible repair.
The adjudication outcome:
- The Motor Ombudsman adjudicator noted that the fact that both parties acknowledged that there was a defect with the vehicle, was a breach of the Vehicle Sales Code and the consumer’s contract.
- The remedy for such a breach was a partial reduction in the purchase price. This should be proportional to the loss in value of the Park Assist function, and up to 100% of the price of that feature.
- As there was no function of the system, thereby defeating its purpose, the refund of 100% of the cost of the feature was deemed appropriate in this case.
- In addition to providing the consumer with a refund, the business’ commitment to repairing the goods exceeded the consumer’s entitlement in law.
Conclusion:
- The parties were provided with the adjudication outcome, and the consumer accepted the offer from the business.