Key worker claim dismissed

legal updates

They presented witness statements from family members to back their claims of various things our client was supposed to have said.

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 recently helped a client win a case in which the customer wanted to return their hybrid vehicle because they claimed it was costing them more in fuel bills than their previous vehicle which was a diesel.

The customer used their occupation as a key worker presumably to try and elicit sympathy. They presented witness statements from family members to back their claims of various things our client was supposed to have said.

Fortunately, the judge was only interested in the facts and as the customer did not present any fuel receipts, any evidence of what they alleged our client had said (apart from testimonies of relatives who are hardly going to say otherwise) or any actual figures of MPG, the court ruled that the customer’s claim was not proven and as such, the claim was dismissed and our client won.

Customers will often get relatives to write statements to back up their version of events and either dramatize a situation: “the inside light not working could have led to my disabled, elderly great aunt being killed”, seek sympathy via their occupation (usually as a key worker), or even try and claim their version of the truth should automatically triumph over the word of a car dealer just because they are a barrister or a police officer or in one recent case, an accountant.

Fortunately, most judges are interested in facts and so despite some car dealers’ belief that they will always get a raw deal from the courts, we know from experience that this is not always the case. There are no guarantees but preparation and presentation count for a lot and as experts in our field, we are uniquely placed to assist motor dealers to a positive outcome as we have their backs.


Need help with keeping on track with FCA Regulation and Compliance? Partner with Automotive Compliance

Nona BowkisHead of Legal Services / SolicitorRead More by this author

Related Legal Updates

Time is Money – Pay Attention!

Whether the court has made a mistake that impacts your case, or if the postman has lost your court paperwork, as soon as an issue arises, action is needed.

SHOCK & HORROR! A finance company seeks to influence an expert opinion!

Any finance house thinking of or seeking to emulate such unconscionable conduct, risks not only judicial ire and sanction but also being named and shamed.

Petty Grievances

Dealers can rest assured that the courts still take a very dim view of petty grievances blown out of proportion.

Default Judgments & Set Aside Applications – When is late too late?

This article explores the complexities and urgent timing needed to set aside default judgments in County Court, highlighting the importance of prompt legal action.

Why a good defence is essential

Delays are never helpful, and the sooner we get the claim form, the sooner we can get to work on your defence.

It pays to take professional advice on a court claim

Experience remarkable savings and expert legal support for your motor trade business with our competitively priced services.

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.

Get in touch

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

01480 455500

Vinpenta House
High Causeway

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.