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.
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Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?
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