The consumer’s issue:
“I purchased a brand-new SUV, and I chose to have parking sensors fitted, which cost me £300. The first time I went to use them, however, I found them to be really quiet – so much so that if I was listening to music, I couldn’t hear them at all. Even when I turned the music down, I was still struggling and I don’t understand why they don’t link with the entertainment system so it can do this automatically.
The accredited business moved the speakers forward in the car to help me hear them, but this didn’t do anything and they’re just as quiet as they were before. When I paid for the sensors, I expected them to be loud enough to alert me of what’s going on with the vehicle. Unless they cut off my music, or are loud enough to be heard, then they’re basically pointless. I either want them to be fixed, so they do what I need them to do, or to be refunded the £300 I paid for them.”
The accredited business’ response:
- Although the car purchased was new, it was from existing stock at the factory, and it didn’t have any parking sensors fitted at the point of manufacture.
- The sensors were bought and fitted separately and, because of this, they will not reduce the stereo volume on their own.
- The sensors are fitted correctly and working as they should, and we have tried to accommodate the consumer by moving the speakers up to make them more audible.
- There is nothing more that we can do, and we are not prepared to refund £300 as the sensors are operating within specification.
The adjudication outcome:
- The Motor Ombudsman adjudicator noted that the consumer hadn’t provided any evidence to demonstrate that the sensors were either faulty or not installed correctly by the accredited business.
- She had also been unable to prove that she was informed at the point of sale that the sensors would automatically shut off any music or operate any differently from how they do.
- As there was nothing to show the sensors were defective or mis-sold, and there had been no breach of The Motor Ombudsman’s Vehicle Sales Code, the adjudicator couldn’t find in the consumer’s favour.
- The consumer disagreed with the outcome, as the sensors were not helping them and were not what they expected, so the case was referred to an ombudsman for a final decision.
The ombudsman’s final decision:
- The ombudsman reviewed the file and noted that the sensors were fully functional and that there was no evidence of a malfunction.
- They accepted that the consumer may have to make the adaptation of turning off her music while parking, but did not agree that this was enough to mean the sensors were not fit for purpose.
- In addition, they did not accept the consumer’s position that they were not functioning as sensors because they were unable to connect to the in-car system.
- The ombudsman considered what representations were made and/or what information the consumer was provided with at the point of sale to determine if the product was as described. There was no literature from the manufacturer which detailed that the parking sensors would work the same way when not factory fitted. So, the expectation could not have come from promotional material.
- Equally there was no evidence to support the position that the accredited business represented the sensors as working one way, nor had this allegation been made.
- So, it is likely the customer assumed from how the sensors worked in factory fitted cars that they would be the same in their car.
- However, the accredited business had been clear that the sensors would be an aftermarket fitment, and not part of the initial build of the vehicle.
- Therefore, the ombudsman could not conclude that the accredited business misled the consumer about the sensors or did anything wrong when fitting them.
- As such, the ombudsman was unable to uphold the customer’s complaint in their favour, and no award was made to them.
Conclusion:
- Whilst the consumer was dissatisfied with the outcome, a final decision had been made, so the case was closed.
