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If you are a regular reader of my blog posts you will know how frustrated I can get when the advice that is handed out by so-called experts to drivers with a problem falls short of the full and accurate advice. Just because a fault appears on a car that is out of warranty doesn’t mean that you have no claim against the dealer from whom you bought the car. Or if the car is on finance against the finance provider.

I have explained that any complaints should be raised with Trading Standards and also with the Financial Ombudsman Service (FOS). Write a letter of complaint to the manufacturer if you feel that the dealer you are using, his franchisee, isn’t treating you fairly.

But there is another line of fire that I rarely discuss. A route that I am about to embark upon with Mercedes who have rather foolishly decided to take me on! Interesting times. You may know that you can go to conciliation if you have a complaint. There are various types of Conciliation. County courts offer a Mediation Service which is free and can resolve issues before they get to court. But to use it you must already have taken steps to sue the other party and that could end up costing you money.

The purpose of the Mediation Service is to see if there is a quick solution that could avoid court time and expense on the part of all concerned. Another form of conciliation service is one provided via a trade body that the supplier is a member of. And this is the real heavy guns in my opinion. First of all establish which trade bodies are involved. You can check out their website for details.

Most lenders are members of the Finance & Leasing Association (FLA) with some also members of the British Vehicle Rental and Leasing Association (BVRLA). So first of all you need to explain that you want to use the conciliation service of the trade association. The finance company you are dealing with must do that. You can then make a formal complaint to their trade association then discuss the complaint with the independent adjudicator.

As the lender stands a chance of being disciplined or even thrown out of their trade association they will want to avoid this, especially if you are in the right. So you may find their approach relax once you have filed your formal complaint. You can then proceed with the conciliation service.

If the car wasn’t financed you can still raise your complaints with the conciliation service run by the Society of Motor Manufacturers & Traders. You don’t have to accept their findings, you can take up the case with the Financial Ombudsman Service and/or pursue them through the court.

What I do is make a formal complaint against the company to its trade body for bringing the industry into disrepute. This will be followed by an enquiry into what happened and some sort of penalty if they were found to be in breach of the rules. All the time you are breaking them down to the point where they normally roll over.

Too many people are being abused by both lenders and manufacturers when dealing with legitimate complaints. This has got to stop! By Graham Hill

Matthew Avery, director of research at Thatcham Research, explains that the safety star rating isn’t quite as it seems or as people perceive it to be. Over the 20 years that they’ve been testing cars they’ve tested nearly 700 models and awarded ratings to 94%. Of those half have been rated 5 stars.

Over the years the tests have been refined and updated to take account of new technology and legislation. But not all 5 star ratings are equal and comparable. Not because of when the test was carried out, although clearly that has a bearing, but the ratings are awarded within the class of car. It is therefore not possible to compare ratings between say a small family car like a Fiesta and a large luxury SUV such as a BMW X5.

The test procedures are revised every couple of years, responding to new safety technologies. For example when Autonomous Emergency Braking was introduced the tests were altered to accommodate it. It was introduced in 2008 and by 2014 it became part of the star rating test. Although it is only this year that it becomes a pre-requisite of the 5 star rating.

Matthew went on to explain that the car mass (weight) plays a part as a bigger heavier car would be expected to be safer than a small car if involved in an accident. So the ratings are relative within the group. The Fiesta and the X5 could both be considered safe within their class even though they have major differences.

Crash safety science is complicated so they’re looking to make it more comparable. In the meantime, the recommendation is to seek out cars with 5 star ratings.

Now I have to say that I was shocked when I read this. I always believed that if you bought a car with a 5 star rating I believed it to be one of the safest cars on the road but what it really meant was that it was one of the safest cars on the road – within class. But what is ‘the class’? Would a Ford Focus, that cost a similar amount to say a Tiguan 4WD, be in the same class?

As I understand it the stars that are awarded are therefore relative to other cars ‘in their class’. But if a manufacturer introduces some new safety technology as standard on their car and they already have 5 Stars – where do they go from there? Six stars? If a Vauxhall Astra already has 5 Stars then Ford, who also have 5 stars awarded to their Focus, make their car even safer, how would you as a buyer be able to draw the distinction? Especially is safety is your deciding factor.

All very worrying! By Graham Hill

I’ve written about this before but as the Government is putting the squeeze on fleets, private drivers and manufacturers to push the green agenda and at least take the first step along the greener road by moving to hybrids or plug-in hybrids, car warnings were issued by fleet experts that they could be costing more to run than diesel cars.

Employees love the idea of plug-in hybrids as they dramatically drop their benefit in kind tax. And some individual drivers have moved from say their Prius hybrid to a plug-in hybrid and wondered why their fuel usage has gone up when they haven’t been charging their new car from the mains.

First, let me explain the difference. The original hybrids, cars like the Toyota Prius and the Honda Insight were petrol driven but with rechargeable batteries, like the KERS (Kinetic Energy Recovery System) system on Formula 1 cars. When freewheeling or braking energy would transfer to the batteries giving you a small boost whenever you needed it from traffic lights or pulling away on a roundabout, the times when the engine burns most fuel.

You didn’t need to do anything – just drive and you would achieve better fuel consumption and emit fewer CO2’s than your old petrol or diesel engine. The plugin hybrids go one step further with some manufacturers claiming 140 + miles per gallon. But to achieve this fuel consumption you need to plug in the car in order to charge the batteries as the car is far more reliant on the battery power.

The problem is that many companies, under pressure from over-taxed employees, adopted a plug-in hybrid approach, only to see fuel consumption higher than it was with their diesel fleet. The problem is that if you don’t charge the car and drive it as you would have driven a Prius the 140 MPG that you should be achieving drops to around 25 MPG.

So if you’re thinking of going greener by taking a plugin hybrid (PHEV) make sure you are able to plug in your vehicle, either at work or at home, and if you are supplying company PHEV vehicles to staff, in order to save them BIK tax, make sure that the employees are able to and more important, willing to, plug them in at night and use them as they were intended. By Graham Hill

I’ve mentioned this in that past but surprisingly few people are aware of its existence and what it does. So just a reminder if you are buying or leasing a new diesel car or have recently taken delivery of one – quite simply it’s an additive.

It sits in a large at the back of the car, normally around 12 litres in size, and is squirted in small amounts, when the engine is running, into the exhaust gas causing a chemical reaction turning NOx gas into its constituent parts, Nitrogen and Oxygen.

Adblue is a trade name, created by its manufacturer to bring down NOx emissions in some cars that couldn’t meet the Euro 6 emissions tests. It isn’t always clear if your car uses Adblue, some include Blue in their name whilst VW uses SCR in the model name.

For most people, driving low mileage, the tank won’t need topping up between services but if you need to, following a warning light illuminating on the screen, some garages have Adbue on the pumps, costing around 60 pence per litre. Or you can buy it in Halfords or your main dealer for more.

Some cars have the top up away from the fuel filler to ensure that you don’t put Adblue in the fuel tank and vice versa. You need to check your handbook as some fillers can be well hidden, even in the spare wheel well. If you are unsure it might be wiser to call into the main dealer or Halfords who I believe offer to top it up for free if you buy the Adblue from them of course.

Warning:  The AA attended about 20,000 Adblue callouts last year, often because the car ran out of Adblue. A warning light will glow on the dashboard when you have about 3 litres left or about 1,200 miles. If you run out whilst driving, the car will continue but if you turn the engine off with no Adblue left in the tank it won’t restart. So if you need Adblue and you find somewhere to top it up – don’t turn the engine off just in case they’ve run out also. By Graham Hill

In this next story, Mel Buchan bought a Mini ‘off page’ from an Arnold Clark garage in Inverness. He saw the brand new car advertised on their website, with all its equipment listed, paid a deposit and waited for the car to be built and delivered.

Mel works offshore so couldn’t be at home to sign for the car but was sent photos. Upon inspection, he noticed that the car didn’t have the multifunction steering wheel, as advertised. He complained and was told that the advert was wrong but if he wanted the upgraded steering wheel he would have to pay £425 for it.

By now my blood was boiling and not because I was standing by a radiator. But it gets worse. He actually agreed to pay the extra £425 for the steering wheel – because he wanted it! It was only after this that he realised that the car was advertised as having parking sensors and floor mats. Again these items were missing despite them being clearly shown in the advert.

The only option given by the dealer was to re-order the car with the ‘bits’ on and pay thousands of pounds more! This is when he contacted my dear friends at Auto Express. Following contact between Auto Express and Arnold Clark the extras were fitted – all free of charge, with an apology for the incorrect advert due to ‘human error’. Does no-one read the Consumer Rights Act?

It covers inaccurate advertising and the big no no – supplying goods – ‘NOT AS DESCRIBED’. Whilst Arnold Clark appear to pat themselves on the back for being so nice to the customer someone needs to slap them with a bill for the inconvenience caused to Mr Buchan for inaccurately advertising the car and then giving him the runaround. If there was ever a more straightforward case of providing goods – not as described – I haven’t seen it!

I always support the guys at Auto Express because they constantly fight battles on behalf of consumers but unfortunately they don’t quite get to the right result in the right way, they probably need me on their panel of experts to help them in these sorts of cases. By Graham Hill

Over the years I’ve received the odd complaint about parking on a pavement and receiving a fine as a result, even though it was done so as to avoid blocking the road and only for a few minutes. Even more annoying when there are no other parking restrictions such as single or double yellow lines etc.

The fact is that the law goes back to The Highways Act of 1835 before cars were seen on our streets and as the law currently stands it still specifically refers to the parking of stagecoaches and wagons on pavements. The law is actually quite straightforward when it comes to London, referred to in the Highway Code under section 244 where it categorically states that you MUST NOT park on the pavement anywhere in London so expect a ticket if you are caught by an eagle-eyed warden (or whatever they are called these days) or by a CCTV camera.

The problems for drivers start outside of London where the Highway Code is less clear. Rule 244 says that outside of London you ‘should not’ park on the pavement which leaves the local authority the ability to set its own rules and decide whether to fine or not to fine.

This doesn’t mean that the local council can avoid parking restriction signs. Quite the contrary, they have to be very clear because the law isn’t! It would seem that most local authorities take a fairly relaxed view as long as your parking doesn’t obstruct the infirmed, the blind, the wheelchair user and anyone else who legitimately views the pavement as being there for footfall only.

Some tougher local authorities have not only put up warning signs, stopping cars from parking on pavements, they have also extended into cycle lanes so parking in a cycle lane could also generate a fine. You are able to drive across a pavement in order to access a property and to park where the road signs say you can but in all other circumstances, you could be facing a fine if caught parking on the pavement – as always you’ve been warned! By Graham Hill