Seized parking brake

The consumer’s issue:

“I purchased a used 19-plate van in January 2021, and within four months of buying it, I noticed a squeaking noise coming from the brakes. I therefore took the vehicle to two dealerships for the issue to be looked at, and all brake discs and pads were subsequently replaced.

However, the squeaking problem persisted. Upon further inspection, it was discovered that the parking brake had seized, and had welded itself to the disc requiring replacement. I authorised the business to carry out the work at the discounted cost of £250.

The business explained that a warranty claim could not be made, as this was a wear and tear part that was not covered. However, I believe the root cause of the defect was the assembly malfunctioning causing the wear and tear, and no doubt impaired fuel consumption. Therefore, as I consider this to be a design or manufacturing flaw, the £250 cost I have paid for the new parking brake assembly should be fully covered under warranty.”

The accredited business’ response:

  • Due to the occurrence of brake squeal, the customer had the vehicle inspected by our approved dealership, and the brakes were presumed to be at fault as they were worn very close to the minimum allowed service limit.
  • Unfortunately, the replacement of the brakes did not resolve the issue and the matter was investigated.
  • Upon further inspection, it was found that the parking brake’s shoe was sticking, and needed to be replaced.
  • Our approved dealership offered to complete the works at a discounted rate as a gesture of goodwill.
  • Brakes are considered to be a wear and tear item, and are therefore not covered under our warranty, which had also expired a month before the issue was brought to our attention.
  • This meant that the customer was responsible for all repair costs associated with the vehicle.

The adjudication outcome:

  •   The Motor Ombudsman adjudicator explained that the burden of proof was on the customer to demonstrate that the defect was covered by the manufacturer’s warranty.
  • As the brakes on the customer’s vehicle were worn significantly, the adjudicator explained that the action taken to replace the brakes were considered to be appropriate.
  • The adjudicator further explained that, as the diagnosis took place after the warranty had expired, they concluded that the manufacturer was no longer obliged to cover the cost of the repair.
  • Furthermore, the adjudicator clarified that components, such as brakes, including the parking brakes, were considered wear and tear items, and were not covered under the scope of the warranty.
  • As a result, it was found that the vehicle manufacturer had not breached the New Car Code, meaning the customer’s complaint could not be upheld in their favour.

Conclusion

  • Both the business and the customer did not respond or provide any additional evidence in support of their argument. The case was then closed.