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Electric vehicle sales continue to increase with a constant stream of new developments coming from manufacturers and providers of charging points and batteries. On the downside Electrocity, the providers of rapid charge points at motorway services, have announced a new charging scheme for those using their rapid chargers.

In future they will charge £6 per half hour to charge your car, currently provided for free. Whilst some believe this move to be premature others feel that it won’t affect electric vehicle sales as drivers only tend to use motorway fuel stations as a quick fix, waiting till they are off the motorway to fill up.

The same will apply to electric chargers. At the moment the charging points can be a little congested but by charging for charging (did I just say that) drivers will no doubt plan their journeys better. Another charge point provider, Chargemaster, is developing inductive charging, the same type of wireless connection that is used to boil our kettles. They claim that they can charge up to 10 plus cars at any one time at the workplace.

Mercedes are developing inductive charging for their cars and will be rolling out the first car to have it fitted, the S Class Hybrid, in 2018. The system will then filter down to the cheaper models. Technology giant Qualcomm, who licence the technology to Chargemaster, claim that the next generation of EV’s will have both methods available, inductive and the traditional plug in.

Formula E, the electric car racing series already use inductive charging for their medical and safety cars. So the system is already proven. For those worried about the safety of such devices when say a cat or dog walks onto the pad, that would be placed under the car at home, the unit stops charging and an alert is sent to your smart device.

I still can’t understand why the industry doesn’t standardise batteries with a quick swap facility at battery centres, you pull in, the old battery is slid out with the charge noted, a fully charged battery is slid in and the driver is charged for the difference in charge. Simples. Maybe I should patent this idea! By Graham Hill

I have read on many lawyer’s web sites that following the biggest change to the all inclusive Consumer Rights Act 2015, the ability to return goods that do not conform to the conditions laid down in the new Act, that consumers have confused this with the terms of the Distance Selling Act.

The new Consumer Rights Act replaces many old acts such as the Sale of Goods Act (last revision 2006) Unfair Terms In Consumer Regulations and the Supply of Goods & Services Act along with other minor acts. But not totally as I will explain in a moment.

In the new act you have 30 days, during which, if the goods are, in simple terms, Faulty, Not As Described or Unfit For Purpose you can claim a refund. You don’t have to give the seller the opportunity to repair the item and you certainly don’t need to go to court to claim your money back.

A word with your local Trading Standards Office or Citizen’s Advice Bureau should do the trick. If you choose the Court route you will probably be offered the free Small Claims Court Mediation Service once the other party has filed a defence. Well worth considering.

First let me deal with the confusion. You have 30 days to return goods or claim on services that do not meet the conditions of the Consumer Rights Act and claim your money back. Not to be confused with the 14 days you have under the Distance Selling Act when you buy goods or services that you haven’t been able to inspect before paying for them.

In this case you have the right to return goods to the seller within 14 days and claim your money back simply because you don’t like the colour or design of the goods whereas items returned under the Consumer Rights Act must be faulty, not as described or not fit for purpose.

But cases have been going to small claims courts citing the Consumer Rights Act when the consumer didn’t have a leg to stand on because he simply didn’t want the goods after getting them home. So don’t be confused, you can’t return goods under the Consumer Rights Act just because you changed your mind.

30 Day, 6 Month & 6 Year Rules: The 30 day rule is the period during which you can simply ask for your money back if the goods or service don’t conform to the Consumer Rights Act. You can allow the seller to repair or replace the goods but if you allow for a repair and it doesn’t fix the fault you still have the right to claim your money back.

And the onus is not on you to prove that the goods or service are in breach of the Consumer Rights Act it is down to the supplier to prove that they aren’t. This brings me to the 6 month rule. You must allow the supplier to remedy the fault with a repair or replacement after 30 days but within 6 months.

Again, you don’t have to prove that the fault existed when you bought the goods the supplier must prove that it didn’t. After 6 months but up to 6 years you can still exercise your rights if the Consumer Rights Act has been breached but after 6 months the onus is on you to prove that the fault existed.

Car Warranty: I think that it is worth mentioning at this point your legal position when it comes to a faulty car and its manufacturer’s warranty. Apologies if you have read this before as it is something that I bang on about quite regularly. Most new cars come with a transferable 3 year warranty, some more but most with 3 years.

Whenever you read a complaint in the National press, specialist motoring press or popular blogs about a car fault the warranty is considered to be the ultimate redress when things go wrong. It isn’t, it is there to add to the customers’ legal protection but just because the warranty ends on the car it doesn’t mean that the car falls off a cliff and every part on the car is expected to fail.

Outside of fair wear and tear I would expect most components on a car to last at least 8 years of average mileage provided the car has been properly serviced. The ultimate redress is not the warranty, it is legislation, in this case the Consumer Rights Act.

So when a major item such as a gearbox goes faulty after 3 years and 1 month and the manufacturer refuses to accept liability as you are now outside the warranty revert to your rights within the Consumer Rights Act and take the dealer and the manufacturer to court.

What is a Consumer?: The Consumer Credit Act 2006 defines an individual to include a sole trader, small partnership (3 partners or less) or an unincorporated association. As I understand it (and I have read conflicting information) the Consumer Rights Act defines a consumer as  “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession”.

Not sure how you would determine how much of the use of a laptop computer is for business and how much for personal use. But I have seen suggestions that the ‘spirit’ of the CRA should also apply to SME’s so whilst they may not have the same statutory right of rejection within the first 30 days a court may use as a test of reasonableness the terms laid down in the CRA. The situation is made even more unclear by the scope of control exercised by the Financial Ombudsman Service (FOS).

The FOS deals with complaints from consumers relating to Finance and Insurance Products with consumers being defined as above by the Consumer Credit Act. Now the CCA completely ignores ‘Unincorporated Associations’, i.e. Limited Companies but if you go onto the FOS website you will see that they also offer their services to Micro Enterprises as defined by the EU, which is a business that employs less than 10 people and a turnover or balance sheet net worth of less than 2 million Euros. And of course this can apply to limited companies So where is the consistency?

Financial Ombudsman Service: The little understood fact is that the FOS acts outside the law. It will use the law as its basis for coming to a ruling, which is legally binding on both sides, but the Ombudsman will consider such common sense things such as ‘was the customer treated fairly?’

The FOS can make an emotional decision compared to a judge who must base his decision on the letter of the law so I always recommend that you consider the FOS before court action. And bear in mind you don’t have to accept the FOS ruling, you can still exercise your right to go to court. And whilst you may run a Micro Enterprise and your complaint would normally fall outside the CCA you can still make your complaint to the FOS and you will be listened to.

By Graham Hill

Now here is an interesting story for those that like the idea of taking a standard car and ‘blinging’ the car up with a pile of electronic gadgets. Hanne Lambley of Cheltenham bought a Ford B-MAX but wasn’t happy with the standard spec. so ordered a pile of optional factory fit extras to be added.

The dealer, Bristol Street Motors, described the car as a Christmas tree and wasn’t particularly surprised when the car’s battery started to go flat very quickly after just a few months. The dealer added that because the driver was only covering a few miles the journeys were insufficient to fully recharge the battery.

But none of this was explained to the customer who was obviously very dissatisfied. Whilst Ford stepped in and replaced the battery to a heavy duty model, free of charge, it begs the question as to why this wasn’t taken into account when the car was spec’d. Some software should have alerted the dealer to the fact that the battery would not be fit for purpose when so many battery draining extras were added.

So if you are ordering a new car with a pile of extras on check to see if there is a battery upgrade or get in writing from the dealer that the standard battery would be able to handle all the electronic gadgetry. Also I should mention that I have heard of, and reported on, many situations where CO2 saving stop/start systems have been fitted that seriously drain batteries requiring a heavy duty battery to be fitted.

But when drivers have taken the car to a battery centre for a replacement they have fitted an inadequate battery, as it was cheaper, only to find that it rapidly discharges. Make sure that if it is a first time battery replacement that the correct capacity battery is fitted and replace like with like. If a heavy duty battery has been fitted from new it has probably been done for a reason. By Graham Hill

Recently I have seen a move away from diesel cars towards petrol. Part of the reason is because petrol cars have seen an improvement in their resale values at the end of leases making them, in some cases, a little less to lease. Part is because fuel consumption has been improving as petrol engines become more efficient with some petrol engines capable of close to the same fuel consumption to that of their diesel equivalent.

Also, since the VW emission debacle people have become twitchy over the emissions credentials of diesel engines. The truth is that the new Euro VI engines are about as clean as petrol engines but with lower CO2’s so if that is your argument for moving to petrol it is flawed. But there is a new consideration, that of entering and parking in city centres.

Some authorities in London are imposing charges for polluting vehicles with a suggestion that all diesels are more polluting than petrol, which isn’t true in the case of Euro VI engines. Last April 2015 Islington Council brought in and annual surcharge of £96 if you drive a diesel car with Hackney proposing a £50 surcharge for 2017. They are thinking of increasing this further if the car is pre-2001 due to the higher emissions.

Other cities considering similar schemes are Birmingham, Bristol and Leicester along with congestion charges with a premium if you happen to drive a diesel. Maybe someone should suggest they get all the facts first! By Graham Hill

If you are thinking of driving around Europe this summer, especially if you are driving through France, you will need to carry a breathalyser, especially as not only in the UK, but also in Europe, they have woken up to the benefits of breathalysing motorists in the morning rather than at night.

It is far more difficult to assess whether you are over the limit in the morning, after a skin full the night before, than at night when you have just had a couple of drinks. And with barbeques coming into season in the UK, which I’m told leads to more morning after convictions than over the Christmas period, you need to take precautions to safeguard your licence.

If you agree you may think it is wise to invest in a fairly expensive but accurate breathalyser being sold by Alcosense called the Ultra. It costs a whopping £249.99 but is considered to be one of the most accurate consumer devices. It can be set to the regulations of the country you are in at the time, including France and the US, both of which calculate readings differently.

Once your breath has been detected and analysed by the software algorithm the device will give a reading. It tells you what percentage of alcohol has been detected in your breath then also flashes green, amber or red that indicates whether you are over the limit, under it or completely in the clear.

It also indicates how long it will be before you are fully sober again. So if you are the sort of person who drinks into the wee hours then wonders in the morning if you are safe to drive this could be a valuable investment. By Graham Hill

Sat. Nav’s are great, I wouldn’t be without mine having thrown out my AA map book many years ago but there are times when you wish you had your old map book in the car instead of the bloody sat nav, especially when you are just about to join the end of a queue of stationary traffic.

They are a little better these days, especially if my system has found a major delay on say the M25 (now run by NCP I believe) it will announce that due to heavy congestion it has created another route. Which is fine but the problem arises when you can see the orange cars on the screen, a few miles ahead, turn red, just as you reach a turning that should take you away from the congestion.

So off you toodle expecting the system to recalculate an alternative route. Oh no – that would be too much to ask. For the next 20 miles it constantly tries to get you back to where you turned off the original route. It will even try to fool you by not telling you to do a U turn but sends you off down a single track B road.

At this point you need to zoom out cos I’ll guarantee that it is about to send you completely round the houses to where you left the original route an hour ago! There are now parts of London that I know better than most black cab drivers!

So manufacturers who are designing undesirable things into new cars such as hair dryers and heated gear knobs please turn your attention back to Sat Nav’s because if that bloody woman keeps trying to get me back to where I’ve purposely driven away from I’m filing for a divorce! PS. Second thoughts don’t ditch the hair dryer! By Graham Hill

Have you ever appealed against a parking fine? Obviously I’ve appealed every time I ever received one, even if I was parked on a traffic warden’s foot which was on a set of double yellow lines whilst he was leaning on a post that says ‘No Parking’, because that’s me.

I see it as my civic duty, however not everyone is prepared to go through an appeals procedure that can take up to 3 months, even if it gives you enough time to arrange a Quick Quid loan to pay for it when they finally tell you to grow up! But I have good news, the Traffic Penalty Tribunal (TPT) has launched a new portal.

The purpose is to speed up the appeals process when appealing against a parking fine. The pilot scheme, which I’m pleased to say will be rolled out in Brighton & Hove, is a great move as that is normally where I get ‘done’, along with Croydon! I remember on one occasion I received a ticket in Croydon, South London, the day after they changed the time rules for parking on single yellows from between 6.00pm to 6.00am to 11.00pm to 6.00am and yes I got a ticket from a warden at 10.50pm. Ridiculous!

I digress, so this new service has been set up with consumer complaints company – Resolver (good name). Following a successful pilot the portal will be rolled out to every council in England and Wales by the end of this year. If you receive a Penalty Charge Notice for parking or bus lane contraventions in England or Wales, other than London which is controlled by TfL, you can appeal online as opposed to the current procedure whereby you have to appeal in writing.

You can appeal using your smartphone, tablet, laptop or PC – that is great! According to TPT 0.5% of people issued with fines appeal and of those 50% have their fines overturned. The system will expand and will already include Dartford Crossing fines and Durham congestion charge. Excellent news, just got to find the app now! By Graham Hill

Nearly 10% of car breakdowns are the result of drivers ignoring vital dashboard warning lights according to breakdown service provider, Green Flag. Their research revealed that drivers took an average of 71 hours to react to a light on the dashboard indicating a potentially serious problem.

One in ten continue to drive with a potential engine fault for nearly a week whilst ABS problems took 76 hours, on average, to address. A small percentage took over a month to take action to sort out a problem and 3% admitted that they had damaged their vehicle further by not reacting to a problem identified by a warning light.

As Green Flag pointed out the biggest problem is that drivers don’t know what the lights mean or even the difference between red, orange or yellow, green and blue lights. And many of the symbols are not fully understood. Nearly a quarter failed to recognise low tyre pressure warnings and 1 in 5 didn’t recognise an engine warning light.

Strangely, those aged 18 to 34 were the worst offenders. Nick Reid, the head of rescue at Green Flag pointed out that, ‘The majority of breakdowns across the UK each year are avoidable, so take time to check your car, ensure everything is working and pay attention to any warning lights on your dashboard.’

Dash warning lights can be anything from advisory, i.e. put on your seatbelt, to warnings that could cause serious damage to your car if ignored, such as low oil levels. You may also fully or partially invalidate your warranty as you may have moved from a cheap repair to an engine replacement through your lack of action. So if you don’t understand the warnings it would be wise that you check them out and remember the red warnings are urgent!! By Graham Hill

If you need to have your windscreen replaced you normally check with your insurance company first who has an arrangement with one of the national windscreen replacement services such as Autoglass. The replacement is arranged between your insurer and the replacement company and all you do is pay your excess to the windscreen replacement company at the time the work is carried out.

All pretty straight forward but did you know that after a modern windscreen is replaced, in many instances these days, the driver assistance systems need to be recalibrated. In a report prepared by Autoglass it was found that 68% of motorists were not following advice to have their safety systems, such as autonomous emergency braking and lane keeping assistance, re-aligned after a windscreen has been replaced.

Following a windscreen replacement Autoglass explained that the cameras needed to be re-calibrated to ensure that they were aligned properly. They went on to explain that as little as one degree out could prevent the car from reading the road correctly. It is anticipated that accurate systems have the potential to save 1,100 lives and prevent over 120,000 casualties over the next 10 years. In 2015 just 2% of cars that had windscreen replacements needed to be re-calibrated.

However, by 2020 this is set to rise to over 40% of all new cars having driver assistance systems fitted. They also reported that when drivers were told by them that a re-calibration would be required and they contacted their main dealer the dealer admitted to knowing nothing about this requirement.

As a result Autoglass has rolled out a nationwide calibration programme that means that their technicians will be able to re-calibrate 96% of all cars. Unfortunately the 96% had not included Britain’s biggest selling car, the Nissan Qashqai when a driver recently had a problem following a screen replacement and Autoglass couldn’t fix it. He visited his local dealer who didn’t know what he was taking about.

Fortunately, according to Auto Express, Autoglass came up with their own solution and the car is now working just fine. But it’s a question you must ask after a screen replacement, does the car need to be re-calibrated once the replacement has been carried out? If it isn’t done you could be putting yours and any passengers’ lives at risk. By Graham Hill

As I continue to wrestle with my decision as to whether we should stay in or exit the EU, I read something that kinda proves that the EU isn’t all bad. It’s been a worry of mine for some time as to what happens to all the data being collected as cars become what is being called ‘connected’.

It started with a warning that I issued a couple of years ago about your phone book that you upload into the phone memory in your car then forget to delete the numbers before you hand it back at the end of the lease or sell the car on to a dealer or private individual.

I reported a case whereby a premier league footballer’s wife part exchanged her car which contained the phone numbers of A listers which the car dealer then tried to sell on as he considered that he was now owner of the data as he now owned the car. He lost the case but we are now entering the murky world of what I referred to recently as Big Data.

You record your destinations via sat nav and with full connectivity to the Internet in many cars, expected to be in 90% of all new cars by 2020, what happens to your search history and data that is being recorded via your in car Internet connection? Not to mention facts and figures on the way you drive.

It is with regard to personal privacy that the EU has stepped in and tightened up on the controls governing personal data collected via the ‘Connected’ features of your car. Within the new rules laid down by the EU they state, ‘There will be a much higher standard for consent, the definition of what constitutes personal data will change and there will be tougher sanctions for anybody falling foul of the rules.’

The EU has given businesses 2 years to tidy up their act and comply with the new, stricter regime, which has been designed to deal specifically with issues arising from connected products and services, including amongst others, vehicles. Frans Timmermans, first vice-president of the European Commission said, ‘Individuals must be empowered; they must know what their rights are and know how to defend their rights if they feel they are not being respected.’

Whilst the rules apply to personal data various experts have suggested that the rules will extend to virtually all data as the definition of personal data is changing. According to legal expert Stephen Appt, the General Data Protection Regulation (GDPR) makes it clear that information is considered to be personal data whenever individuals can be identified by online identifiers, including GPS information. Appt, a partner at Pinsent Masons, added, ‘Data that identifies drivers indirectly would be considered personal data.’

So in essence I agree with these moves as individuals need to be protected but it raises two questions in my mind. Firstly would our own Government have tackled this problem and if they did would they impose stronger or weaker rules than the EU? But taking this one step further if we voted out and took back control over our regulations and took a weaker approach would we still be able to sell into Europe?

I would suggest that unless we met their privacy regulations we wouldn’t be able to. So we will have to comply whether we are in or out or we couldn’t sell into our largest market, Europe. It seems to me that we’re damned if we do and damned if we don’t. Take another example. If we decided that say the safety standards set down by the EU on fridges was too low and decided to improve the safety adding a £20 cost per fridge would our own manufacturers thank the Government?

We would no longer be competitive in Europe because of the added cost and it makes no difference anyway as the safety rules laid down by the EU represent a minimum, there is nothing to stop the UK, if we remain in, improving on the minimum safety standard if we felt it was necessary.

Of course we could drop the safety standard of fridges made in the UK if we were out but we wouldn’t sell any into Europe because they no longer complied and I would suggest that we would struggle to sell them elsewhere in the world as European manufacturers would declare UK product as inferior. Confused – yes I certainly am! But congratulations to the EU for tackling this growing privacy problem. By Graham Hill