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Over the near 30 years that I have been in this industry I have seen and done many things, seen some of the most crooked activities carried out by dealers, brokers and car supermarkets, amongst others, as well as fraudulent attempts to acquire cars by crooked customers.

For many years I was an expert witness for the Crown Prosecution Service in cases of vehicle and asset finance fraud so I’ve seen most things crooked that go on in the automotive industry, some of them revolving around so called pre-registered cars and ex demonstrators.

Whilst I won’t bore you with all the fraudulent things I’ve witnessed, you’ll have to buy my upcoming book for that, I’ll share a couple of things with you as I’ve had a couple of potential clients who have recently avoided contract hiring a new car in favour of a so called pre-registered car or an ex demonstrator on HP or PCP.

First of all I should point out that it is possible to get a good deal on an ex demonstrator but it’s the luck of the draw and I’ll explain why. But let’s start with ‘pre-registered’ cars. First of all let’s be quite clear, there is no such thing as a pre-registered car in the way that it is advertised by dealers. Even the head of CAP HPI refers to pre-registered cars when referring to cars that are registered then sold when they include huge discounts. The pre-registering of highly discounted cars is an illegal act made illegal by Stephen Byers when he was Labour Trade Secretary in 2000.

He was concerned that the practice carried out by manufacturers who forced their franchised dealers to buy cars, albeit at heavily discounted prices, was skewing the new car registration figures. So as part of his Supply of New Cars Order 2000 it was made illegal to pre-register cars, here is the excerpt:

This order was made under the monopoly provisions of the Fair Trading Act 1973. It prevents new car suppliers from:

• discriminating on price between dealers and fleet buyers
• providing bonuses and discounts to dealers on pre-registered cars
• imposing on dealers restrictions on price advertising

Now let me be clear, dealers can pre-register cars but not as a result of increased incentives applied by the manufacturer on individual cars. However, some dealers and manufacturers have found a way around this. As an incentive and across the board, a dealer will be set a sales target for the month/quarter/year and he will be paid a Volume Related Bonus (VRB) by the manufacturer if he can achieve the target.

This money is paid retrospectively on all cars sold during the month, quarter or year. As the bonus is not specifically on the ‘pre-registered’ cars they kind of get around the regulations. As an example let’s say the dealer is offered a VRB of £2,000 per car provided he hits his target of 100 cars for the month. With a few days to go he has sold 90 cars and he is aware that if he doesn’t sell the 100 he will lose £200,000 VRB.

So in order to hit his target he pre-registers the 10 cars in the name of the dealership and pays his normal purchase price for the cars – keeps him onside with the Supply of New Car Order. He now factors in the £2,000 per car that he will receive as additional discount then adds in the normal discount that he would include in the deal making the car a cheap car.

I’ve heard of some dealers preregistering cars and selling them through auction just to recover a reasonable proportion of the money spent out rather than have the cars sitting on their forecourt. Whilst the above may sound like pre-registered cars are a great idea there are other, far more shady, methods used to heavily discount cars and sell as new cars even though they have already been registered. Some, not all, car supermarkets have been known to use this method as well as some dealers.

The cars are diverted from where they were intended – daily rental companies, driving schools or insurance company/bodyshop courtesy cars. When supplying cars to these companies the manufacturer uses part of his marketing budget to heavily discount cars that either get them seen on the road more or are driven by potential buyers. In my experience a daily rental company can buy cars at up to 45% off the list price with 20 – 25% being very common.

In order to get around the Supply of New Car Order dealers started to set up their own daily rental companies and bought their ‘pre-registered’ cars through the new operation at huge discounts then sell them on to buyers, having never put them out on hire, with just delivery miles on the clock, on big discounts as ‘pre-registered’. Nothing wrong with that. Of course the extra name in the log book will affect the resale value of the car – but only marginally. But this is where the 3 month rule comes in.

If you have ever bought a pre-reg. car you will sometimes be told that you won’t receive the V5 log book until after 3 months. This is because in order for a daily rental company to qualify for the extra discount they (normally) have to keep the car for a minimum of 3 months or say 5,000 miles, whichever comes first. Now if the manufacturer wants to carry out an audit the dealer needs to be able to show the auditor that he still has the car.

Whilst he may argue that the car is out on hire, so can’t be inspected, he can produce the copy of the V5, supposedly proving that he still has the car, and everyone is happy. Again, whilst this is shady, is this something that a buyer should worry about? There are also some dealers who will keep the cars in stock for 3 months to avoid this situation. But here’s the crunch. Remember that I said these cars were intended for daily rental companies and they are then supposed to be sold as used cars after 3 months?

Well, many years ago I became involved in this process. Before realising exactly what was going on, I had been arranging stocking finance for wholesalers who would arrange to buy batches of brand new cars from daily rental companies and sell on to car supermarkets for a small profit, similar procedure to the operation following the Stephen Byers order.

This allowed the car supermarkets to sell new cars at less than main dealers could buy them for. The daily rental company would order say 100 cars that would be funded by the wholesaler. The cars would be diverted, at the time of delivery, to the wholesaler who would pay the daily rental company £100 per car for their trouble – they never actually saw the cars.

However, as the cars were intended for daily rental I had calls from dealers, and one comes to mind, who would say that the manufacturer had produced a batch of cars using up old stock of parts, for sale to daily rental companies. In this particular case the interior trim was lower grade, items were missing in the car such as cup holders and front fog lights were missing, all part of the standard spec. of the model badge on the back of the car.

In return the dealer knocked off £250 per car. The wholesaler agreed but do you think he explained this to the supermarkets who were selling these cars as brand new but pre-registered cars? Of course not! It would be fine to sell the cars in their sub spec. condition to the daily rental company who were supposed to rent them out.

A customer is hardly likely to refuse a rental car because the interior trim didn’t match the manufacturer’s brochure for the model he was hiring. And of course they were to be sold as used cars at the end of the 3 months or when they had covered 5,000 miles so the buyer would be buying not a new car but a used car as seen.

There is another way that you can achieve a big discount on a ‘pre-registered’ car. When there is a new model coming out or a facelift on the current model the dealers need to make way for the new model and get rid of the old model cars so he practically sells them at cost but they don’t always tell you about the new model.

I’ve also heard of cars turning up at the customer’s house only to find that he has bought or leased an old model car when he thought he was buying the new model. So check the spec. very carefully if you are going to buy a pre-registered car – it may not turn out to be what you thought you were buying. Oh and some of the cheap lease deals are cars as illustrated above so make sure that you check the spec. meticulously.

You sometimes get what you pay for. Moving on to ex-demonstrators. There are two points to be made here. First is the discount. Demonstrators are taken by dealers not just to demonstrate the basic car. They will often have a mass of options fitted, clearly so that they can be demonstrated to potential customers.

So when they tell you that they will knock 8 grand off the list price of the car that’s the list price including the options that may still make this used car, having had multiple drivers, more expensive than the brand new car with the standard spec. which is what you were originally looking for.

Their trick is to compare the cost of the demo with the full list price of the new standard car – but you’d not have paid full list on the new car in the first place. Balance up the desire of the options and the fact that the car is used against a new car without the options and with a discount. Secondly we have perception.

When you call into a dealership and take a demonstrator out with a nice salesman beside you, toodling along at 30 mph you believe that this is the way that all ex-demonstrators have been treated. Well, let me correct that perception. Many years ago in industry as general manager in one of the UK’s most successful PLC’s, I had a fleet department report into me, responsible for around 700 vehicles.

With a fleet that size we were signed into the manufacturers’ demonstrator programmes which meant that every day transporters of brand new cars would turn up, with virtually every make of car on board, that we would have on loan for anything up to 3 months, often 2-4 weeks. I would allow our sales and service staff to use these cars. As they weren’t their own company car they would proceed to ‘burn rubber’ out of our depot and treat the cars like rallycross cars till they were returned.

As we didn’t own the cars I wasn’t worried but at that point I thought to myself I will never ever buy an ex demonstrator as I know how many of them are treated. Oh and often dealer sales staff get to use the demonstrators for personal use and I’ve seen the way they drive them away from the dealership so I strongly recommend that you give ex-demonstrators a very wide berth or you may end up spending more time waiting for repairs to be carried out than actually driving the car! By Graham Hill

One of the things I’ve never quite understood is the way that so many industries, the motor industry in particular, avoid like the plague the rights of consumers. If the rules are considered to be unfair on the providers then the industry should fight to have them changed.

Take for example personal contract purchases (PCP). Dealers try to con customers into coming out of the agreement early in order to put them into another new car. They will tell the customer that they are simply taking their old car back and allowing them to go again with a brand new car.

Nothing wrong with that you might think but they are exercising, on behalf of the customer, what is known as Voluntary Termination (VT), sections 99 & 100 of the Consumer Credit Act. This allows a customer to simply hand back anything (cars, TV’s, lounge suites, computers etc.) he has on HP or Conditional Sale after 50% of the total cost has been fully paid.

Again nothing wrong with that, it’s your legal right. However, few dealers actually explain the process properly and forget to mention that whilst exercising a VT shouldn’t affect your credit score it is noted on your credit file and could affect your ability to obtain finance in the future. Miss-selling? Only time will tell when the claims companies move into the PCP arena.

Now that process exercised by car dealers, as it seems to have a somewhat minor affect on the leasing companies that provide PCP, has become an acceptable practice as it would seem very few people exercise the VT right in order to obtain a car a little early anyway.

However, when I suggest that people who are locked into a PCP, should use VT to terminate their agreement early in order to avoid a service and MOT that is usually due just as the car is due for return at the end of a 3 year agreement, you’d think I’d turned into Satan himself! Even worse when I go on to use VT to avoid excess mileage charges.

Let’s say you have been conned by a salesman to take out an agreement based on 5,000 miles per annum, without him asking what your actual mileage is likely to be, and find that you have actually overshot the mileage allowance by 20,000 miles. It is common to find that you will be facing an end of agreement excess mileage cost of £2,000.

So I suggest that the driver VT the car to avoid the excess mileage charge because if you return the car under the VT rules there is no reference to mileage so in theory you could be 100,000 miles over the mileage allowance but as there is no mileage restriction on the VT of a PCP, as long as the car is in reasonable condition you can VT the car.

Finance companies will try to charge the excess mileage on a pro-rata basis but here’s the thing, they are abusing the law. They know that they can’t charge the excess mileage but they do it in order to frighten the driver with a court case. And that shouldn’t be allowed to happen. The lender knows the rules perfectly well but they are allowed to frighten customers into parting with cash – it’s not right! By Graham Hill

If, like me, you are worried about the damage that pollution is doing to our environment and to the health of our children then Brexit carries with it some additional concerns. The Government has lost a legal battle in the High Court against environmental campaigners over pollution levels and now have to take action by drawing up more ambitious plans to reduce emissions.

The ruling by the High Court was the result of an appeal by the Government over a Supreme Court ruling in favour of environmental lawyers, ClientEarth who successfully argued that the Government had continually failed to tackle the national air pollution crisis.

Mr Justice Garnham, presiding over the High Court case, said that the Government had continually failed to take steps to bring the UK into compliance with European pollution laws, and that they should take steps, as soon as possible, to correct the situation. However, this is fine whilst we are within the EU but when we are outside will the Government be as keen as the Europeans to keep pollution under control?

I somehow have my doubts which must be a worry to those of us who believe, unlike president elect Trump, that humans are the biggest contributors to the high pollution levels we see around the world, through the poorly controlled burning of fossil fuels. What a doughnut! By Graham Hill

Are electric cars the way forward? Clearly as far as the environment is concerned of course it is so why are many fleets taking them off their options list and consumers becoming reluctant to buy or lease them? Cost has always been a problem but the costs have been dropping whilst driving ranges increase.

So why are people not only refusing to take electric vehicles but also the plug in hybrids? The answer according to Business Car is charging points. There is still a grave lack of charging points but not only that, early points need to be replaced as many are no longer working and those that are, are simply inefficient or have the wrong connection points fitted.

The Government which was fairly and squarely behind this project has let the industry down according to experts, something that Transport Minister, John Hayes is well aware of. One of the issues that needs to be addressed is the mapping of charge point locations that was to be undertaken by Government. Not only the location but also which charge points were most suitable for which car.

In a survey it was found that only 25% of fleets offered a plug in model to its drivers whilst 69% of drivers said that they would be happy to drive an electric car. John Hayes has agreed to take the issues on board and look into the infrastructure as this is clearly a barrier to EV expansion.

He is also looking into driver education although I would suggest that this isn’t needed as drivers are very much in favour of electric vehicles. So if you are looking into an electric vehicle at the moment it may be worth some extra investigation before taking the plunge. By Graham Hill

Technology is advancing at an amazing rate in cars to the point where many new and used car drivers are quite oblivious to some of the latest features fitted to their cars. It is bad enough getting to find out what is fitted to your car when it is new but when you buy a used car from a used car lot the chances are that the dealer hasn’t a clue so you’ve no chance.

However, as always Hill is here to help so here is a breakdown of some of the latest features and what they do: 360 Degree Cameras: Rear parking cameras have been with us for about 15 years but the low cost of cameras and new technology enables you to have an all round view of the car and in some cases an image of your car from a position above. This technology can help with parking, especially into car park bays with cars either side.

However, what we need is continual surveillance and a voice that tells anyone, in no uncertain terms to F*** Off if they are about to key the side of your car and inform them that they have been photographed – something I could have done with a year ago. Bastards!

Autonomous Emergency Braking (AEB): This uses sensors to check to see if you are getting too close to an obstacle when driving. If, given your speed, you are getting too close a visual and audible warning is given. Get too close, where the system senses an accident is about to happen, and the brakes are applied with sufficient force to enable you to stop before impact. Euro NCAP safety tests favour cars with this feature fitted as it is believed to prevent 38% of rear end crashes.

Lane Departure Warning: Does what it says, if it feels that the driver is drifting across the lane markings the system will alert the driver with either an audible and/or visual alert and in some cars a vibrating steering wheel (leave it). This feature is already standard on many new cars.

Traffic Jam Assistance: This uses AEB technology along with lane departure technology to keep you in the lane in slow moving traffic with little intervention by the driver.

Blind Spot Warning: this detects cars approaching either side of the car from behind using radar technology to detect cars approaching in your blind spot. It doesn’t do this every time a car is about to overtake or a bike undertake – that would be silly!  Only when it senses that you are attempting a lane change and senses an approaching vehicle will it sound an alarm or lights appear around the door mirror on the side that the vehicle is approaching. Automatic Main Beam: You can switch this on continuously but will only automatically activate when the light dictates. The system senses when you are approaching a car in front or a car is approaching you from the opposite direction and automatically dips the main beam. It can even detect cyclists approaching and also drops to dip beam in lit up areas. Some new LED units can now give the driver as much light in front even though the headlights are no longer dazzling approaching drivers. Clever!

Rear Collision Warnings: This clever system senses a fast approaching car from behind and immediately switches on the hazard warning lights to alert the driver of both vehicles. If the car continues to close fast the seatbelt pre-tensioners are applied and the brakes are also applied to reduce whiplash injury and attempt to stop the concertina effect.

Evasive Steering Assist: This system senses an approaching vehicle on a single carriageway and prevents the car from veering into its path. Some systems can sense a pedestrian walking into the path of the car and allows the car to gently swerve to miss the person then return to the normal driving line.

Rear Cross Traffic Alert: This is activated when reversing out of a parking space and can sense anyone else approaching, possibly also in reverse, and stops the car in order to prevent a collision. Some can also sense cyclists and pedestrians.

Speed Limit Detection: This picks up the speed limit from speed limit signs and adjusts the cruise control speed automatically. It can also place the speed limit on the screen if you are exceeding it and it will gradually adjust the adaptive cruise control speed down to within 5mph of the limit. So there you have it, some of the latest advances in technology, most of which is either available as an optional extra or fitted as standard on new cars. By Graham Hill

I recently heard at a Motor Industry conference, to the point of annoyance, about the continued move towards the totally connected car. Manufacturers seem obsessed with the collection of data for a number of reasons. Some data helps them with the design of future vehicles, collecting information such as true MPG, emissions, faults and systems failures.

This information along with other data/information relating to where the vehicle is during working hours, scheduling servicing, monitoring deliveries and customer calls, calculating running costs and evaluating efficiency can help larger company fleet managers. Personally, a driver could use data to challenge speeding fines, tickets collected by cloned cars and identify ‘cash for crash’ scams.

But this increase in data collection could have sinister implications. Especially as there seems to be no differentiation between the cars that are bought or leased by large fleets and those bought or leased by SME’s and consumers. Within the large organisations employee rights to privacy are laid out in their conditions of employment but what about consumers and SME’s running cars within their businesses?

I don’t recall any customer ever being asked to sign a release allowing manufacturers to collect data from the new cars they drive. And when does the transmission of data stop. If you buy a used car that is 2 or 3 years old does data collection continue. Also if you are connected to the Internet it would seem that not only Google, or whichever search engine you use, can collect search history, so can the manufacturers it would seem.

And if large companies can collect information about where their drivers have been or currently are located why can’t a crook with a bit of IT nous do the same to find out where you are before breaking into your house? Or if the vehicles are out on business a competitor could see where all your sales and delivery staff are and target the same clients. We are entering a dangerous world and one over which we are having less control.

Little did I know that when I explained that you should clear down your telephone contact list held in your car when you sell it or return it at the end of your lease, that so much more data was likely to be collected and passed on. And how do you clear that down and prevent future transmission? We need legislation to protect us and our businesses urgently, it is a big flaw to this whole Big Data tsunami! Oh and I don’t doubt that the private eyes out there preparing divorce cases are all over this like a rash!!! By Graham Hill

Could we see a new use for dash cams? It has cost tax payers a staggering £14.5 million to clear rubbish from our roads over the last 3 years. According to the Highways Agency 364,000 bags of rubbish have been collected at an average cost of £40 per bag.

That’s 333 sacks of litter collected every day from the 4,300 miles of Strategic Road Network. This is rubbish simply tossed out of cars by thoughtless drivers and passengers. This cost could have gone some way towards repairing thousands of potholes that are a serious danger to motorists and cyclists.

The Canadians came up with an app that you could use to report illegal parking to the local authority and receive payment for reporting it after the driver was fined. We could do the same with litter louts, record them chucking litter out of their vehicle windows, forward to the police who then issue a fixed penaty and you receive part of that fine for carrying out your duty as a concerned member of the public.

Nice little earner and would help to keep our streets cleaner. If you are one of those culprits, keep a bag in the car and put your rubbish in it then dispose of properly when you get home. By Graham Hill

One of the most common questions I get asked is how to finance your leased car. You have a number of choices if you run your own business, less of a choice if you are employed and only have one option provided by the company – finance the vehicle yourself then recharge the company for your business mileage.

But for many of my clients it can be a dilema which the HMRC is about to complicate further if their proposed changes go ahead. We knew that they were looking into Salary Sacrifice schemes which can get very complicated because it allows employees to pay for their car out of gross income rather than what the rest of us do and pay out of income after tax and NI has been paid.

I wasn’t surprised when it was announced that the HMRC were looking into this as they not only miss out on employee tax and NI payments but also employer NI. However, because of the very complex recording and reporting of car usage it has only been viable for providers of salary sacrifice to make available to companies of over 100 employees. And with only 80 – 100,000 cars on such schemes it has not grabbed the attention of the guys in HMRC.

However, it now seems that the net is widening and the tax man is now looking at the way company owners, directors and employees finance their cars in an effort to raise more money. They have taken the view that the provision of a car allowance should be lumped into the investigation.

With the proposals potentially being included in the Autumn Statement 2016 we could see the new rules effective from April 2017 this is worrying for those receiving car allowances, especially if they have opted for an Ultra Low Emissions Vehicle (ULEV). If they had opted for a company car they could end up paying less tax than taking a car allowance. Very complicated but worth discussing with your accountant before making the decision. Once they have completed the consultation and finalised the rules I will let you know. By Graham Hill