The consumer’s issue:
“The dealership sold me a car based on false information. It’s a plug-in hybrid, so I intended to only use the electric power in order to reduce my emissions. However, the vehicle achieves less than 50% of its advertised electric range.
The business has however, refused to accept that the advertised range is false and they have not offered to repair my car. I accept that the test for the electric range happens in controlled conditions, and most cars will only achieve 80% or 90% of what is promoted.
Nevertheless, constantly achieving less than 50% of the advertised range is unreasonable and indicates a false claim. I believe this is yet another scandal similar to the emissions one, and I am therefore looking for my vehicle to be repaired or replaced.”
The accredited business’ response:
- We have not been given an opportunity to inspect the car, but a different manufacturer- authorised dealership checked it, and they explained that it operated as expected.
- However, as the seller, we should also be given the opportunity to take a look at the car, to verify the allegations made by the customer.
- In addition, the advertisement literature states that there are many factors that may affect the advertised electric battery range, namely driving style, the outside temperature, vehicle load and speed.
The adjudication outcome:
- The Motor Ombudsman adjudicator stated that the official battery range figures are obtained in test conditions, so they do not demonstrate the real world range of the car.
- The figures are instead comparing models of a similar type, and are not an indication of how the car will perform on the road.
- In addition, the consumer provided the business with an opportunity to inspect the car, but the dealership failed to collect it. As a result, the adjudicator did not agree with the position of the business on this point.
- Overall, whilst the battery range figures were considered unrealistic, they complied with the current regulations, so the advertised figures were not deemed to be a breach of contract, meaning the customer’s complaint could not be upheld.
Conclusion:
- The consumer requested an appeal following the adjudication outcome and requested a final decision from the ombudsman.
