What car dealers can and can’t do in the new lockdown across the 4 nations

legal updates

England - Premises to close but both Click & Collect and Click & Deliver are options.

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.

England

Premises to close but both Click & Collect and Click & Deliver are options. All sales during this lockdown will include the 14 days period in which the customer can change their mind and get a refund. 

Dealers must use the correct Distance Sales paperwork to: 

a) comply with the law and 

b) protect themselves and minimise any loss.

Northern Ireland

Premises to close and no Click & Collect is allowed either. Click & Deliver is the only option here and this too includes the 14 days period in which customer can change their mind and return the vehicle – see our Distance Sales advice

Scotland 

The Tier 4 rules which allow outdoor car lots to stay open and allow test drives is still live on the Scottish Government site but changes are to be made from 8 January and it is not clear if this will affect the current rules for car dealers. Regardless, Click & Collect and Click & Deliver with the 14 days period in which customers can change their mind and return the vehicle still applies – see our Distance Sales advice

Wales 

As in England, premises to close but both Click & Collect and Click & Deliver are options. All sales during this lockdown will include the 14 days period in which the customer can change their mind and get a refund. 

Dealers must use the correct Distance Sales paperwork to: 

a) comply with the law and 

b) protect themselves and minimise any loss. 

DMS NavigatorDealer Management System software for Car Sales, Aftersales and eCommerce

Our dealers use us to help them be more Efficient and Profitable!

You can use our Dealer and Lead Management software to integrate all dealership departments, both online and physical ; providing all in-house functions; Invoicing, Stock Management, Accounting and Marketing as well as interfacing for advertising, ecommerce and more.

Sensibly, the guidance states “Shops should also ensure if possible that customers do not have to enter indoor sections of closed retail premises to collect goods” which means for car dealers who have paperwork to sign etc, it is OK for customers to step inside a showroom. We would recommend a small reception area is made available at the entrance of any showroom for this purpose while clearly marking the main showroom area as closed to the public.

Nona BowkisHead of Legal Services / SolicitorRead More by this author

Related Legal Updates

The etiquette of handling consumer complaints

It is always best practice to get involved while you have the chance and follow the correct process at the very beginning.

A settlement agreement may not protect you

An agreement does not need to be in writing to be binding, but it is much easier to prove the terms of an agreement if there is a documented paper trail.

Claim Dismissed: No Proof of Fault at Purchase

Our member argued that numerous issues could have caused the overheating and ultimate failure.

Court Rules Against ‘Serial Returner’ in Distance Selling Dispute

It is clear from his evidence that his true intention was that he wanted the ability to reject the car at a time of his choosing.

The omni-channel approach and distance sales

The conclusion of a contract when purchasing a vehicle occurs when a deposit or the full purchase price is paid.

Always prep, check, then check again

If you state that every vehicle comes with a new MOT, then ensure that they do!

How to legally get rid of an uncollected vehicle

Unlike a notice to collect goods, a notice of intention to sell uncollected goods can be used for all types of conventional bailment, and not just where the goods were left for repair, valuation, or storage.

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.