Judges do not possess the necessary knowledge and expertise regarding the mechanical operations of motor vehicles to determine whether an issue was present at the point of sale.
This is why the burden of proof in civil cases is “on the balance of probabilities” allowing decisions to be made on what is more likely than not. To complicate matters for motor traders, the law presumes that faults raised within the first six (6) months were present at the point of sale.
Expert reports are essential in preventing judges from ruling against motor traders and in favour of consumers simply because, in the absence of mechanical evidence, it appears more probable that the fault existed or because it seems unfair that a consumer faces a large repair bill after a few months of purchase.
Vehicles are complicated machines, and expert evidence is crucial in helping those without mechanical knowledge understand that progressive deterioration can be commensurate with a vehicle’s age and mileage.
If an expert report indicates that an issue was present at the point of sale, this is still beneficial, as it allows the trader to reassess their position and avoid the expense of a lengthy court process.
While having some mechanical guidance is better than nothing, judges are more likely to give greater weight to CPR Rule 35 expert reports than those from local garages.
If you are unsure or unfamiliar with instructing expert inspections, Lawgistics can guide you or draft the necessary instructions for you.
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.
