Pre-Delivery Inspections – Vital Evidence

legal updates

Rejected within the first 30 days, under the new Consumer Rights Act 2015.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

We have recently dealt with a case where a client has failed to undertake full and thorough (PDI’s) pre-delivery inspection checks to a vehicle prior to sale.

This was to the extent that basic checks such as tyre and fluid levels were not undertaken. The vehicle was subsequently sold and later rejected within the first 30 days, under the new Consumer Rights Act 2015 ‘short term right to reject’ rules. Whilst things such as tyre and fluid levels may ordinarily be considered wear and tear, the fact that the dealer failed to even check these prior to sale, it was difficult to argue that the dealer had been diligent and thus the vehicle could not be proven to have satisfactory at the point of sale. The vehicle in question did experience other issues as well, but the fact that such basis checks were not undertaken highlighted the clear lack of diligence the dealer took when preparing the vehicle.

Had a PDI check been done, in line with our PDI pads, then we would have been in a much stronger position to argue wear and tear. However this was not the case and has left the dealer in a sticky situation. It is therefore of vital importance to ensure these checks are done, AND they are evidenced by way of a PDI check.

Octane FinanceFuel Your Finance

Octane Finance is the broker of choice for new and used car dealers nationwide. With our uncompromising service levels and our genuine and professional approach, you and your customers can trust us to deliver.

Roxanne BradleyLegal AdvisorRead More by this author

Related Legal Updates

Sale or Return: Why “Private Sale” won’t save you from Consumer Rights Act responsibilities

Dealers using Sale or Return cannot hide behind “private sale” labels unless the agency position is made crystal clear from the advert onward. Miss that step and you risk CRA 2015 claims and a DMCCA 2024 breach.

30 Days to Hand the Keys Back: How the Short-Term Right to Reject Really Works

Think a new fault lets buyers walk away, no questions asked? Not quite. Discover why the burden of proof is on the consumer, and how dealers can stay one step ahead.

Don’t Get Caught Out: Why Your Car Warranty Won’t Shield You from the Consumer Rights Act

Think a watertight warranty protects you from refund demands? Think again. We explain how the Consumer Rights Act trumps any small print and what dealers must do to stay safe, or risk costly claims.

When no title means no sale

Four years after selling a Range Rover, a trader was hit with a demand for a full refund when the vehicle was seized in Spain.

Don’t Get Caught Out: Your Essential Part Exchange Checklist

Part exchanges can quickly become costly if a trade-in isn’t as described. Learn what to ask and how to protect yourself with our practical checklist.

Coincidence or Cause? When Timing Leads to Claims

A motorcycle engine seized just 30 miles after a service, sparking a claim of negligence. Find out how this case unfolded in court and why coincidence doesn’t always mean liability.

Elusive Vehicle Noises: What to Do When You Can’t Find the Fault

More customers are reporting strange noises that seem impossible to trace. Learn practical steps to recreate, record, and address these elusive issues while protecting your business.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.