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Has anything changed in your life that you feel could affect your car insurance? Have you had an accident or managed to clock up some points on your driving licence. Maybe you have had your eyes tested and been told you are as blind as a bat?

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All of these things are pretty obvious but what about the not so obvious. I read recently about a spate of damage caused to nearly a hundred cars in Bournemouth by vandals.

If any of the owners were like me and managed to fill their garage up with junk, forcing them to park their cars in the road but didn’t tell their insurer that the car was now parked in the street overnight they could find themselves having a visit from their insurance company to see if they could park their car in their garage overnight, if not the insurer could refuse the claim.

You must advise the insurance company of any changes that could affect the premium, even if it is lower. If you move house you might remember to change your driving licence but what about the insurance? Where you live can affect your premium as can the job you do.

You may get a promotion or change employers in which case you should tell your insurance company. uSwitch carried out a survey to see how many drivers were potentially at risk because the information held by your insurer is out of date or inaccurate. The figure was a staggering 60%. When asked 41% of drivers were unaware that they had to tell their insurance companies about changes of circumstances.

They were also unaware that with most insurance companies every time you change details there is a charge of, on average, £22 but it can be as high as £50, something uSwitch suggest you check before you take out a new insurance policy, especially if any changes are imminent such as moving jobs or home. By Graham Hill

For years pundits have been predicting the demise of main dealers. The emergence of brokers, the Internet, car supermarkets have all caused the prophets of doom to claim that dealerships would cease to exist other than to sell used cars and carry out service and maintenance.

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But of course no such thing ever happened and dealers happily sell as many new cars as ever. But following the last warning could that be about to finally change? When Hyundai ‘set up shop’ in the Bluewater shopping centre near Dartford in Kent it was predicted that this futuristic way of selling cars was like garlic bread as Peter Kaye would say – ‘The Future’.

They gave the shop a funky name as well to appeal to a younger audience, they called it Rockar and added an equally funky futuristic web site to support the ‘shop’. The idea was to put car sales where people were in numbers rather than stick the dealership out in the middle of an industrial estate where people wouldn’t just drop in they had to make a concerted effort to go there. So a year on – did it work?

Replacing hard nosed salesmen with softly softly ‘angels’ providing advice and support rather than selling was a big change – did it work? Are we now going to see a move away from coffee shops in shopping centres to be replaced by car shops from every manufacturer? The answer is – possibly – moving towards probably.

Hyundai clearly don’t want their competitors to know how successful they have been but Auto Express has managed to collect some statistics. After just a year Rockar is in the top ten of Hyundai dealers for cars sold – good start. A massive 163,000 people have walked into the store over the last year.

The average age of the visitors is 39 compared to the average age of visitors to other dealerships which is 52. This average age was mainly as a result of the massive success they had with the scrappage scheme which was taken advantage of by older drivers. Women accounted for 54% of the customers, roughly double the number in other Hyundai dealerships.

And half of Rockar customers transact online after visiting the store in person. Whilst Hyundai played down their success by pointing out that they will never be without a network of bricks and mortar dealers but added that the increased use of the Internet in the transaction means that customers are moving closer to Bricks and Clicks.

It was a big and expensive gamble for Hyundai to take but is seems to be working as they announced another Rockar store next month in the Westfield shopping centre in Stratford, East London. Maybe it won’t be long before we see other manufacturers not only follow suit but maybe create their own shopping centre and we will see the Ford Centre or the Mercedes Centre – you heard it here first.

So there I was driving towards Croydon in South London on the A23. For those who know it the traffic lights by the big Tesco store. The road is a funny arrangement, two lanes continue towards Croydon but in the outer lane you can filter off right.

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The car in front was in the outer lane signalling right so I pulled alongside on his left to continue on. We were both coming up to the traffic lights. Suddenly he obviously decided he wanted to go straight on after all and without warning started to pull into the side of my car.

In the split seconds I had to think I moved to my left, he continued to move over. I now had a few choices as he clearly hadn’t seen me. I could brake hard, in which case there was a good chance he would still run into the side of my car. I could toot and remain alongside in the hope that he would swerve to miss me. Or, as I did, I accelerated out of harm’s way.

The downside was that the cameras flashed from all directions and I ended up with a speeding ticket. Under normal circumstances I would have challenged it but this was Croydon and anyone that knows the Met. operating in Croydon knows that you are wasting your time.

So I have chosen to go on one of the driver re-training courses. Purely for investigative reasons of course, so early in the new year I’ll report back as to what the experience was like. I’m told that it is a real eye opener! Watch this space. By Graham Hill

We all know the dangers that we face as motorists following a heavy snowfall. People slow down and drive much more carefully as they tend to do when they see the temperature on their dashboard drop to about zero with the threat that there could be ice about.

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But a bit of heavy rain seems to make little or no difference to the way we drive. This had led to more serious accidents in heavy rain than in any other weather conditions. According to Government figures the number of serious accidents each year correlate with the months when we have seen the heaviest rainfall.

The report compared the month by month casualty totals for pedestrians, cyclists, motorcycle users and car occupants between 1997 and 2012 then matched these figures with average UK monthly rainfall and temperature figures for the same period. The results showed that the highest months for precipitation (rain sleet and snow) increased the likelihood of serious injuries.

The main months were April, June, July, August September and November. Strangely higher than average temperatures in December led to more serious injuries for motorists (wonder if this had anything to do with fog that seems to have been ignored – duh).

The findings suggested that heavy snow and ice are not such regular occurrences whereas rain is something we get used to throughout the year so we  don’t really change our driving styles. At this point they then started to compare years when the months in question had ‘normal’ weather conditions with the months in other years when the weather was considerably wetter and they found that many more deaths occurred across the board with pedestrians, cyclists, motor cyclists and car drivers all being impacted.

So I guess the message here is that you should not take rain for granted and treat the weather conditions in the same way as you would treat snow and ice – with greater caution! By Graham Hill

Are our roads safe enough? Safety organisations and fleet operators think not and are calling for a re-introduction of safety targets called ‘road safety reduction targets. They were first introduced in 1987 but were axed by the Government in 2010.

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The targets were believed to have helped to reduce road deaths and serious injuries on the road each year. Whilst the targets were discontinued in 2010 the road safety community believe that we are now missing a vital component in the tools that make roads safer.

Trade journal, Fleet News, along with the ACFO and the BVRLA have joined forces to try to convince the Government that they need to re-introduce the targets. However, the DfT have said, ‘Britain continues to have some of the safest roads in the world, but every death is a tragedy and we are determined to do more.’

He went on to explain, ‘We are making sure we have the right legal, education and investment frameworks in place to make our roads safer. We have already introduced new laws, given the police tougher powers to tackle dangerous driving and are investing billions to improve the conditions of our road network.

Local authorities are best placed to decide how to use these frameworks to make their roads safer, rather than having centralised national targets.’ Richard Owen, Road Safety Analysis operations director, pointed out that the current Government was opposed to use targets to dictate policy. He said, ‘An example of this is hospital waiting times. This was forcing hospitals to meet numbers and it was having a detrimental impact on patient care.’

However, UK safety bodies believe that targets do make a difference. There is a wider EU target to reduce road fatalities by 50% by 2020, but a lack of clear UK targets takes away focus and sends a message that road safety is not a priority. The DfT’s Reported Road Casualties In Great Britain Annual Report 2014 shows that 1,775 people died on the roads (a 4% increase on the year before). A further 22,807 were seriously injured (a 5% increase).

Casualties of all severities rose to 194,477 in Great Britain in 2014, an increase of 6% over 2013, interrupting a steady downward trend since 1997. Pedestrians and bike riders bore the brunt of the increase. Pedestrian deaths increased by 446, an increase of 12%, accounting for three quarters of the overall rise in fatalities. Serious injuries to cyclists rose by 8% to 3,401continuing a long term trend that has been ongoing since 2004.

In response to the figures Julie Townsend, deputy chief executive at safety charity Brake commented, ‘We should be under no illusions as to the seriousness of these figures’. Brake join forces with the RAC Foundation and the Institute of Advanced Motorists in calling for the re-introduction of Safety Targets. I find myself agreeing. By Graham Hill

I wasn’t surprised to read that over 1,000 drivers each year appeal MOT test results. However I was surprised to read that these appeals were against a pass rather than a fail. Only 100 appeal a fail each year with about 40 being successful.

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So why would anyone appeal a pass? As it turns out it is quite logical, they are customers who have bought a used car with a new or relatively new MOT that they subsequently feel is dodgy and want to use the results of the appeal to either return the car or take a dealer to court.

The Driver and Vehicle Standards Agency (DVSA) confirmed that over 1,250 motorists contacted them in 2014 believing that their car should have failed. The number is increasing as this figure is up by 100 from 2013.

As for those appealing a fail whilst only 116 in 2014 this is the highest over the last 5 years. Of the 1,250 appeals against passed cars only 22% were successful but that shows that nearly a quarter of cars sold with a Full MOT are not roadworthy.

That is frightening. The DVSA carry out an annual Compliance Survey whereby they carry out retests on recently tested cars. They found that 15% of all MOT’s are wrong. Over 11% were given a fail when in fact they passed and 18% were given a pass when they should have failed.

I find that even more frightening! What is wrong with our testing systems whether they are for safety reasons or emission reasons. This isn’t good enough. By Graham Hill

As you know, as it has been the subject of previous blog posts, things have been a little confusing when drivers are given a parking ticket for overstaying the time paid for in private car parks.

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Many articles have been written about private car park owners who have issued a £100 ‘fine’ to motorists for overstaying their allotted time considered to be a ‘penalty’ which in English law is not allowed unless by statute, such as a speeding ‘fine’ or on road parking ‘fine’.

The argument has always been that had the driver vacated the space the parking company could have sold that space for the time that the car was ‘illegally’ parked, let’s say an hour plus a ‘reasonable’ admin fee. But thanks to a Supreme Court ruling this is all about to change. Mr Beavis took action when he was given an £85 parking ticket when he overstayed the two hour parking limit by just under an hour. Mr Beavis took the private parking company, Parking Eye, to court.

The case of Beavis v ParkingEye hinged on whether the fine charged by Parking Eye was classed as a penalty, which would make it unlawful unless it equates to actual losses incurred by Parking Eye. Open and shut one would think as the company didn’t appear to sustain a loss from the overstay. Not so said the Supreme Court who ruled, ‘The fine was not a penalty as the charge authorises the company to control access to the car park in the interest of customers and the wider public’.

The judgement said fines were beneficial to motorists themselves as they make parking spaces available to them which might otherwise be clogged up by long stay users. I have not read about this case anywhere else other than my one secretive source and yet the findings have a massive impact on the basic understanding that if a commercial ‘penalty’ doesn’t reflect a loss incurred it ain’t lawful.

This is what John de Waal QC of Hardwicke Chambers who represented Beavis had to say about this monumental decision, ‘The case sets a new test for ‘take it or leave it’ consumer contracts as the law was last considered at this level 100 years ago’.  He went on to say, ‘Until today, charges that had been agreed in advance, payable on breach of contract, were disallowed as unlawful penalties unless they could be justified as a genuine pre-estimate of loss.

Today’s judgement sweeps away that rule and says that deterrent charges will be allowed if there is some commercial justification for them’. A very strange decision on the part of the Supreme Court but no doubt one that will have all car park owners, other than local authority car parks, singing in the streets! By Graham Hill

In another expose of dodgy advice being given to car dealers by crooked lawyers in order to avoid customers exercising their rights under the new Consumer Rights Act 2015, in particular the customer’s right to return the car within the first 30 days, they are recommending that dealers carry out a new car style pre-delivery inspection (PDI).

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The lawyers suggest that the dealers check everything per a standard check list and provide the customer with a copy so that if the customer returns with a fault on the car the dealer can refer to his PDI and suggest that the fault didn’t pre-exist. This is wrong because many faults with cars are what I refer to as ‘the final straw syndrome’.

A badly stressed part inside a gearbox, as a result of poor manufacture, may appear to be sound during a test but give the car some welly and that could be the final straw. If this happens and the part shatters within a few days or weeks of taking delivery of the car the customer has every right to return the car and ask for his money back.

It is wrong to suggest to a car dealer that provided the gearbox was performing fine during the PDI that the fault developed post delivery. And it doesn’t stop there. These lawyers, in an attempt to stop cars from being legitimately returned, have now suggested that dealers take a video of the car before it is collected to show customers that say a burn mark in the seat that wasn’t noticed at the time of purchase was clearly showing in the video so the return of the car is rejected.

They even go so far as to say that if the car is being returned for a full refund that the reason should be substantial and not minor. In fact the law states that you can return the car for a full refund for ANY fault, not just a serious fault. Let’s say a few days after taking delivery of your car you find that the rear wiper on your hatchback doesn’t clear the dirt from the screen.

Even though this could probably be resolved by changing the wiper blade you still have the right to reject the car and ask for a full refund. Now I may not agree with this but it’s the law. I noticed one lawyer, whilst advising car dealers, said that drivers had no right to return a car if the fault is ‘relatively minor’. This simply isn’t true. Also for the sake of clarity a car can be returned within 30 days of taking delivery of the car and the customer is entitled to a full refund, even if he has added a further 5,000 miles to the speedo.

However, between 30 days and 6 months you can still reject the car but only after the dealer has been given one opportunity to fix the fault. If it is still faulty, and not necessarily with the same fault, the car can be rejected and a full refund claimed less an amount considered reasonable for the use of the car for the period concerned.

This isn’t the cost of hiring a car for that period and it isn’t the difference between what was paid for the car by the customer and the current trade value. If necessary the court will decide what that amount should be. By Graham Hill

As VW continue to fight fire as things get worse following the latest revelations that 800,000 petrol cars have incorrectly stated CO2 emissions. In a statement from VW following a question about the effects on personal tax of those driving affected company cars, they have said that they will stand any additional CO2 based tax due from drivers and went further asking that the Governments involved charge VW direct rather than involve drivers.

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We are yet to see the responses from Governments across Europe – this is getting very messy. In addition VW have issued an action plan. The new chairman, Matthias Muller, said in the plan, ‘We have to look beyond the current situation and create the conditions for Volkswagen’s successful further development.’ There’s an optimist for you.

The first of the 5 point action plan – aimed at the re-alignment of the group, is to support customers affected by what VW is now referring to as ‘the diesel issue’. The company is working towards finding effective technical solutions to help its models to meet historical Euro4 and Euro5 emissions limits which it plans to roll out in January 2016 having liaised with the German Federal Motor Transport Authority.

Second on the action plan list is to carry out a thorough investigation in to how the software that was allegedly installed to falsify emission figures, during certain testing conditions, came into existence and why. Muller added, ‘We must uncover the truth and learn from it’. They have also recruited audit firm Deloitte to assist with the investigations and added that ‘those responsible for what has happened must face severe consequences’.

Third on the list is a total re-organisation of the group in an attempt to ensure that this can never happen again. Group management is to be decentralised to a greater extent in the future with individual brands and regions being given more independence. Muller said that the company would examine the portfolio of more than 300 models with a view to examine the contributions made by each model to earnings.

They will also look into ‘cross brand strategies’. The fourth ambition is one of openness. This will involve a realignment of the Group’s culture and management behaviour with a focus on retaining ‘the pursuit of perfection’ and employees’ commitment to the company. The company will change the way the business handles and communicates mistakes with an aim to create ‘a culture of openness and cooperation’.

Finally VW Group, which had a 2018 strategy, has replaced it with a 2025 strategy shifting emphasis from sales numbers to building ‘qualitative growth’. Muller revealed that they would be working on the new strategy over the next few months to be unveiled in mid 2016.

I have written several articles recently asking whether this ends with emissions. In the past manufacturers have been trusted to keep us safe in our cars and meet the many standards laid down by Governments. But is this the tip of the iceberg? Will other manufacturers be caught out fiddling emissions but worse have any of them been fiddling safety tests in order to sell more cars? By Graham Hill

No sooner has the new Consumer Rights Act become law than we are already seeing lawyers disagreeing with each other. Let’s take the example of the used car dealer who sells a car that turns out to be faulty and is returned by the customer. One lawyer suggests ‘The durability of a vehicle is down to the manufacturer in the design and use of quality materials and, as such, a second hand dealership does not have control over these issues.’ Idiots!

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They are advising dealers to try to avoid their responsibility to their customers by suggesting that if the car has a fault when sold, that is a manufacturing fault, that the dealer isn’t responsible. As another lawyer pointed out, whilst this may be true the second hand dealer could be liable for any issues as the purchasers contract is with the dealer not the manufacturer. Could be?? That should read definitely liable. No question!

If the dealer wants to offset the cost by suing the manufacturer that is up to him but the customer has a right to expect the car to have no faults other than any that have been pointed out prior to the sale. Next issue was over Fit for Purpose. One lawyer suggested that if an electrician can carry all of his tools in a briefcase, a sports car with a small boot would be fit for that particular purpose.

That might be fine but to be fair to the dealer he needs to be told the purpose for which the car is being bought. You can’t buy a 1.0 litre city car then take it back because it wouldn’t tow your 8 berth caravan unless you told the car dealer that this was what you wanted to do with the car and he told you it would do that no problem.

But it gets worse because another lawyer, trying to be a bit of a smart arse said that if an electrician or tradesperson is using the vehicle for business, then they are probably not a consumer and so the act would not apply in this case.

Well Mr Smartarse lawyer you are right, a business user is not covered by the new Consumer Rights Act but as long as he isn’t a limited company or large partnership he is still covered by the Sale of Goods Act and the car must still be fit for purpose and if it isn’t you can still get your money back. Good grief – and I’m not a lawyer! Lawyer 1 then goes on to say the following to dealers when it comes to remedies:

1. Short term right to reject (up to 30 days from the point of sale)
2. The right to repair or replacement (for 6 months following the point of sale)
3. The right to a price reduction

Lawyer 2 points out that the right to repair does not end at 6 months. The statute of limitations gives the consumer 6 years – you may not have known that! Point c should read ‘the right to a price reduction or final right to reject’.

Regarding the issue of deductions for usage. The first lawyer states the following:

“The question here is how dealerships would assess this deduction. The obvious place to start would be the price that they would need to pay for a similar vehicle if they purchased it for stock on the day of the rejection, which could of course be significant and would need to be explained to the vehicle owner.”

That is a disgrace because the instructions within the act on this matter are very clear and quite contrary to this advice that suggests that usage should be based on the price of the vehicle when bought at its retail price less the trade value of a replacement vehicle. The instructions state:

Note that the deduction must be calculated based on the use that the consumer has had from the goods, and not the second-hand value of the goods. 

Couldn’t be much clearer could it you idiots. But the point here is that if the lawyers advising the car dealers can’t agree amongst themselves and get it right what chance do consumers have? By Graham Hill