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Taxi drivers Vs motor traders
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Author:  edders23 [ Sun Feb 13, 2022 4:44 pm ]
Post subject:  Taxi drivers Vs motor traders
drew a blank from the TDO database so is anyone on here aware of or better still know the details of any cases where a dealer has refused a refund on a car or to fix a fault citing the fitting of a meter as his excuse and the driver has successfully sued
Author:  StuartW [ Sun Feb 13, 2022 4:53 pm ]
Post subject:  Re: Taxi drivers Vs motor traders
Not offhand, but maybe a good idea to look elsewhere as regards problems caused by aftermarket accessories fitted to cars more generally, eg stereos, alarms, dashcams, and even upgraded bulbs.

The legal principles should be much the same as fitting a meter, but I suspect it would be quite difficult to find specific cases relating to fitting a taximeter.
Author:  Sussex [ Sun Feb 13, 2022 6:07 pm ]
Post subject:  Re: Taxi drivers Vs motor traders
Why have they refused?

:-s
Author:  heathcote [ Sun Feb 13, 2022 8:36 pm ]
Post subject:  Re: Taxi drivers Vs motor traders
When the car was purchased if you informed them that it was going to be used as a taxi they have not a leg to stand on unless they stated in writing that taxi use voided the warranty.

Cab Direct is possibly the best example all their new vehicle sales have a full and valid manufacturers warranty some up to 7 years depending on the vehicle.
Author:  edders23 [ Mon Feb 14, 2022 6:37 am ]
Post subject:  Re: Taxi drivers Vs motor traders
the problem is the meter installer bodged the fitting causing a 20 ohm increase in resistance which not only stopped the meter working but the dealer and his army of solicitors insist that invalidates my warranty rights

hence I want to see if there is any quotable case law that might strengthen my case
Author:  heathcote [ Mon Feb 14, 2022 1:50 pm ]
Post subject:  Re: Taxi drivers Vs motor traders
If the meter installer is responsible for creating the fault due to shoddy workmanship he should fix all problems caused.
Author:  StuartW [ Mon Feb 14, 2022 2:28 pm ]
Post subject:  Re: Taxi drivers Vs motor traders
If the warranty claim is related to the meter fault, then obviously that will invalidate the warranty in that regard, and any problems are the responsibility of the meter installer.

But the mere fact of having a meter installed shouldn't invalidate the warranty, or there would be an awful lot of invalid warranties in the HC trade. In fact all HCs. And quite a few PHVs, too :?
Author:  edders23 [ Mon Feb 14, 2022 7:59 pm ]
Post subject:  Re: Taxi drivers Vs motor traders
the meter fitting fault has nothing to do with the claim really it's just a rogue car dealer has found as get out of jail free card to force me to accept a vehicle which is only fit for scrap
Author:  Sussex [ Mon Feb 14, 2022 8:15 pm ]
Post subject:  Re: Taxi drivers Vs motor traders
A county court judge will know the difference between damage caused by a faulty meter man and damage caused by a faulty manufacturer.

Suggest you threaten the Small Claims Court.
Author:  edders23 [ Tue Feb 15, 2022 8:03 am ]
Post subject:  Re: Taxi drivers Vs motor traders
already done that his solicitors say bring it on mine say I have less than 50 percent chance of winning because I can't prove definitively fault wasn't exacerbated by meter fitting bodge hence my trying to find additional case law to add to my argument
Author:  StuartW [ Tue Feb 15, 2022 12:38 pm ]
Post subject:  Re: Taxi drivers Vs motor traders
Think it's more about proof and causation rather than finding precise legal precedents, which I doubt would help you much.

I mean, earlier you said "the meter fitting fault has nothing to do with the claim", now you're saying you "can't prove definitively fault wasn't exacerbated by meter fitting bodge".

So unless you can get an independent garage or expert motor engineer or whatever to say definitively that the meter had nothing to do with the fault then you've basically answered your own question (and I'm pretty sure you'll have taken independent advice on the cause of the problem already).
Author:  StuartW [ Tue Feb 15, 2022 2:20 pm ]
Post subject:  Re: Taxi drivers Vs motor traders
Or, as a lawyer might say, it's not so much a question of law or legal precedent, but instead about proof, evidence and causation.

You and the other party seem to agree on the law - the warranty won't cover the problem if the fault was caused by the meter fitting issue. The issue for you is more about evidencing the fact that the problem wasn't caused by the meter, which is a question of expert fact, not law or legal precedent.

So I'm guessing an auto electrician or engineer is more likely to be of help than someone with legal knowledge. But whether anyone can provide concrete evidence to the satisfaction of a court regarding what did or didn't cause the fault is maybe the crux of the problem, and I suspect no one can answer the question definitively.
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