Another court win for a Lawgistics client

legal updates

The court can be very lenient towards consumers who are unrepresented.

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.

In a recent case, a customer had asked for his race engine to be repaired. This is specialised work and our client is highly qualified in this field.

However, the customer was unhappy with the work which was carried out and entered a court claim against our client. At one point it appeared that the customer actually thought that no work had been undertaken on their engine.

This was a difficult case as the goal posts kept changing and the customer was unrepresented and so did not always understand the directions given by the court. The court can be very lenient towards consumers who are unrepresented and in this case extended the time of the hearing so considerably that the parties had to return for a second day (for what should have been a 2 hour small claims hearing).

However, although the consumer was given a more than fair crack at proving his case, our client had ultimately kept enough documentation to defend their position and the consumer’s case was dismissed.

Interestingly, the judge did make comment that although the small claims system is designed for people to represent themselves, they should seek advice in much the same way as they might when filling in a tax return or anything in which there is a degree of difficult in understanding the process. If this consumer had done so, they might have avoided a long drawn out court case which clearly took up a lot of their time, only for them to walk away with nothing.

Dealers will often feel that courts will rule for a consumer regardless, but certainly in many of the cases in which we are involved, this is very much not the case. For dealers who get the right advice and listen to that advice, court wins are well and truly within their grasp. 

WeRecruit Auto LtdPermanent Automotive Recruitment from an experienced and trustworthy recruitment partner.

We cover roles within all departments and sectors of the Automotive industry, and are here to listen to your specific needs and find the most suitable candidates to fit your business.

Nona BowkisHead of Legal Services / SolicitorRead More by this author

Related Legal Updates

Proceed with caution: legal pitfalls in caravan and motorhome deals

Curious if one of these vehicles is in your possession? Verify your stock and arm yourself with essential legal knowledge to navigate any potential challenges.

How to win a court claim from the outset

A poorly prepared or non-compliant claim could result in the case being thrown out and/or not everything being awarded to you.

The Importance of Discontinuance

What was evident in our member’s claim, was that the Claimant wanted a second bite of the cherry after withdrawing their previous claim.

An eventful small claims hearing

Discover how a simple oversight in witness representation and off-screen coaching at a remote hearing can dramatically impact legal outcomes, underscoring the critical need for adherence to procedural rules and proper pre-action conduct in our latest insightful article.

From initial complaint to court claim form – let us help you

You can feel assured that court deadlines are attended to with the required attention and specialism.

Is it time to ditch “Dear Sirs”?

Clearly, “Dear Sirs” is old-fashioned, but is it sexist?

Location, Location, Mislocation: A costly oversight in court attendance

What the unfortunate Claimants (husband and wife) had not appreciated, was that the hearing was listed for the court at Central London.

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.