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We were all led to believe that when we left the EU we would take back all controls into the UK. But it now seems clear that this won’t be the case. In my PCP report I advise that the added protection we have with the EU 2 year guarantee won’t find its way into UK law.

What does this mean? Well, if you have a fault on a car within 2 years of taking delivery, especially in the case of a used car, even after it can be shown that the fault existed when you bought the car (something you have to prove after 6 months of delivery – before then the dealer has to prove that it didn’t exist) you may be asked to contribute towards the cost of repair or replacement. Especially in the case of replacement – known as ‘betterment’.

Let’s say your gearbox needs to be replaced but the car has travelled 50,000 miles. The dealer agrees to replace the gearbox but as your car now has a brand new or re-conditioned gearbox you are asked to pay towards the cost as the car is now worth more than it was before the new gearbox was fitted. However, the EU 2 year Consumer Guarantee makes no allowance for ‘betterment’ so you are not expected to contribute.

I agree with this. Why should you be expected to pay towards the cost of replacement when you believed that you were buying a car with no major faults, so you should have expected a couple of years at least of trouble free motoring. To have to stump up another unexpected amount of several hundreds of pounds is simply unfair.

It gets worse as David Ward, Secretary General of Global NCAP, has warned. In the past, due to our high volume of new car purchases, we have been a major voice at the table when setting safety and emissions standards. These standards are set by the UN Economic Commission For Europe with all 28 EU members block voting and more or less having the major say.

In future, David Ward has warned that whilst the EU will continue with their block vote we will be a single voice in the wilderness with virtually no clout. Is this what taking back sovereignty means? It isn’t what Mr Ward was expecting and has pressed Mrs May to negotiate a deal with Europe to enable us to have a stronger say. By Graham Hill

Over the last few years we’ve seen changes in the law that have prevented children from sitting unstrapped in the back of cars, with very specific rules relating to baby seats and booster seats. Children over 12 years old or 135cm tall must use a seat belt.

There are weight and height restrictions that relate to different types of baby seats and booster seats, etc etc. The fact is that it is impossible to police. It’s illegal to smoke in a car with a child under 18 as a passenger and eating a sandwich, bar of chocolate or swigging a drink whilst driving can land you a fine of £100 if considered to be ‘dangerous driving’ by a policeman.

Again, unless part of an investigation following an accident, it is very unlikely you will ever be prosecuted so it makes you wonder about the effectiveness of setting down laws unless we have enough police to enforce them. Maybe by setting down the laws, there is an assumption that the rules will prick the conscience of drivers and stop them from breaking them. I would suggest that those with a conscience wouldn’t break the law in the first place.

I therefore question the benefit of setting down new laws to attempt to cut down on the number of young people if the laws are simply unenforceable due to the lack of policemen patrolling the roads. Theresa May has asked The Department for Transport to consider graduated driving licences. Changes could include a minimum supervised learning period and a restriction on the number of passengers.

Figures show that one in four young drivers are involved in  an accident within 2 years of passing their driving tests. Road safety charity Brake has called for a minimum of 10 hours of professional tuition before taking driving tests with restrictions in place for the following 2 years.

A similar system introduced in New Zealand dropped car crash injuries by 23% in 16 – 19-year-olds. What they don’t mention is the number of police patrolling the roads that might act as a deterrent amongst young drivers. I’m all for prevention but surely this sort of awareness should be taught at school along with other life skills. Introducing new laws with no police to enforce them is pointless. By Graham Hill

The headlines from car data company CAP HPI, said ‘Vehicle Finance Fraud On The Up’. Auto Express reported the same release from CAP HPI with the headline: ‘Third Of Used Cars Sold With Finance Still Owing’. Great headlines but fake news and something that makes me seriously angry!

Until I heard the expression ‘Fake News’, constantly being used by Donald Trump, I pretty much believed most of what I read but closer investigation of the release, put out by CAP HPI, has shown that the information released by them and reported on by Auto Express and others was simply a marketing ploy by CAP HPI.

Are a third of used cars sold with finance on them? Of course not, it’s a load of crap! Let’s look at the statistics. They first reported that 6 million cars were flagged as having finance on them in 2017. What does this mean? It means that out of all the searches that took place on HPI 6 million had finance on them.

They go on to say that in the first 4 months of 2018 2,437,025 searched vehicles had finance on them. So in pro-rata terms, the figure is up. Those figures actually mean absolutely nothing! The report doesn’t explain, as I suspect, that the figures could include multiple searches on the same car.

If you take your old car into a car dealer with outstanding finance on it the dealer will want a settlement cost from the funder and to do that, with permission from the customer, he will first, as a matter of course, carry out an HPI check.

In no way is that the customer trying to sell a car illegally it’s just normal process. And even then, having checked the car once on HPI, they will probably check again, just before parting with their cash to the lender, in the event that the customer has refinanced the car or taken out a further loan secured against it.

Not to mention the fact that the customer could have spoken to several dealers about a part exchange with each carrying out their own HPI check. They say themselves in the report: Fraudulent activity only takes place if the vendor tries to sell the vehicle with existing finance still owed, without letting the buyer know.

So to be clear the buyer does nothing illegal if he innocently buys a car with finance on, it’s the seller. And there is nothing in law that insists that buyers of used cars should check HPI as there is also nothing in law that insists that lenders list all finance agreements on HPI.

The only legal requirement on the buyer, for title to pass (for him to own the vehicle) is for him to ask the seller if he has the car on finance. If he says no you are entitled to keep the car. But this is what appears in the press release:

Commenting on the increase in used cars being identified as already on finance, Fernando Garcia, head of consumer at HPI said: “Buying a car with outstanding finance can land the unwitting buyer in trouble as most finance agreements or loans will grant the lender ownership of the vehicle until the debt has been paid. The debt stays with the vehicle not the borrower. Even if a buyer bought the vehicle in good faith, if the finance hasn’t been settled then the lender could repossess the vehicle, meaning you could lose the car and the money you paid.”

This disgraceful comment is legally incorrect and may cause me to raise an official complaint with Trading Standards. Why did they make this statement? Read what Mr Garcia said next:

Fernando Garcia added: “The first thing any used car buyer must do is ascertain whether the potential purchase is actually paid for. It’s impossible to tell if a vehicle has outstanding finance just by looking at it, which makes a vehicle history check an even more vital form of protection for buyers. An HPI Check can help protect consumers from buying a vehicle with something to hide, saving them cash as well as keeping them safe.

“Comprehensive, accurate and up-to-date car check data with a £30,000 data guarantee, the HPI Check gives protection from buying a vehicle with outstanding debt such as logbook loans and car finance plus is the first line of defence against car scams and motor fraud, including stolen, cloned and clocked cars.

This is clearly an attempt to get more naïve car buyers to use their HPI checking service and increase their income. Putting the frighteners on like this is wrong. Certainly, draw drivers’ attention to the benefits of checking a car’s history before buying but don’t twist statistics to mean something they don’t and certainly don’t suggest that lenders can repossess the car when the new owner is an ‘innocent buyer’ and therefore legally owns the car.

An innocent buyer could voluntarily hand over the car keys, in which case he can’t get the car back. Let me explain something, if you buy your car from a car dealer, trader or company you are protected because they can only sell you a car if they have clear title. If they sell you a car that is on finance, that is their problem not yours.

The only risk is if you buy from a private individual and again title passes if the seller says that he has no outstanding finance. The exception is a car that is on rental, could be a daily rental owned car or a car on contract hire. In which case the seller won’t have a V5C (log Book) with his name in it as the owner/keeper of the car.

This type of fake news could cause innocent buyers of cars to lose their cars when in fact they have good title, it’s a disgrace. By Graham Hill

Martin Chalker from Keston in Kent bought a Mercedes E Class Cabriolet on a 15 plate from a main dealer. He noticed sap like bubbles on the paintwork that seemed to be spreading.

After taking the car in for an inspection when it became clear that the marks weren’t as he thought, tree sap, it was agreed that the problem was with the lacquer.

It was proposed that the car should be re-sprayed under the warranty but that Martin would have to pay for the sills and bumpers to be re-sprayed. I’ve never heard of anything so daft!

As it was close to Christmas the dealer agreed to take the car in for the work to be done during January with the re-spray expected to take 6-8 weeks.

So Martin was not only facing a long delay he was also looking at a bill for £1,589 to repaint the sills and bumpers. Why? Whilst he was provided with a courtesy car, after 2 months he still didn’t have his car back.

He wrote to AutoExpress who contacted Mercedes, following which the dealer started work on the car the following day and 2 weeks later the car was returned with a full respray.

They didn’t charge for the sills and bumpers and in addition they made a payment to cover the finance cost of his car whilst he was suffering the faults and driving a courtesy car. In total, £4,657. Whilst Martin was delighted why did he need to get AutoExpress involved?

In the first place the car wasn’t his so he should have immediately got the finance company involved. The attempt to get him to pay for the sills and bumpers to be repainted was a disgrace, no doubt relying on the ‘betterment’ rule but that flies in the face of EU Consumer law or simply just trying it on.

Good on AutoExpress but so frustrating!! If the customer wasn’t entitled to everything he claimed for you can guarantee that Mercedes would not have rolled over and paid up. By Graham Hill

Years ago I was the ‘Man To Go To’ for many middle eastern members of their various royal families when they wanted to buy anti-terror protected cars. Most were top of the range stretched or LWB Mercedes S Class. We would buy the cars from the factory and delivered to a company near Gatwick who would carry out all of the security modifications.

It generally took about 3 months, the car with its armour plated body and bullet-proof glass and special bullet-proof tyres (yes there is such a thing) ended up weighing about 4 times its original weight and cost around 4 times the original cost.

They obviously didn’t need finance but each car had to be overseen by me personally but on the bright side I made a lot of money out of each car. They generally kept the cars in garages under West End houses for use when they came over for a visit.

They tended to keep them for 2 years then part exchange for a new car. On average, after 2 years they had travelled less than 1,000 miles. It cost them a fortune but such was their paranoia regarding safety and security. Who would have thought that many years later a specialist armour plating company would modify a fairly standard family car and for it to be available from a franchised dealer (so I’ve been told)?

An anti-terrorist car in their line up – what’s it all coming to? And I’m not talking Bentley, Mercedes, BMW or Jaguar. I’m talking Skoda – a Skoda Superb Estate. The cars are modified by a British based company and takes about 4 weeks to modify but when the bodywork has been modified and the glass replaced by bulletproof glass the car will meet PAS 300 standards for ballistic and blast protection.

The modified car will weigh much more making the acceleration lower than the standard car’s, 0-60 in 8.4 seconds with the top speed dropping about 20 miles per hour. Rather than bullet-proof tyres they have modified special wheels that will still work even if the tyre is full of holes.

It seems that if you have the money you can have one but with a price tag starting from £118,688 I think I’ll pass. Although I seem to recall reading that some police forces were looking at Skoda Superbs as replacements for current cars – maybe this is why! By Graham Hill

The simple answer is no. Let’s take cars. The fact is that we have the second highest number of new car registrations in Europe. So whether we are selling into Europe or importing into the UK, from European countries, it makes commercial sense to keep consistency between all of us.

The problem is that we have always had a seat at the table when deciding on EU laws regarding safety, minimum standards and emissions. And not just a seat but a very influential seat. After exiting the EU we will have the opportunity to make our own laws and safety rules moving forward but without consistency with the EU, any changes to imports to conform to our new rules will potentially make them more expensive.

On the other hand if our rules differ UK based manufacturers will end up making cars for the UK different to those being exported from the UK into Europe. And I’m not just talking about where the steering wheel is fitted.

So will we ever be completely independent?

We will still be able to make representations in the same way that we make representations to foreign countries regarding the use of slave labour in making goods that are imported into the UK. But that isn’t as influential as sitting at the table being part of the negotiations and the decision-making process. Having said that it wouldn’t make sense for us to go our own way when it comes to meeting common objectives such as environment and protecting lives. So most experts believe that these areas, post BREXIT, will remain unchanged.

I also agree with others that we should come away with a free trade agreement. Unlike the free trade agreements between the EU and Canada, that took a painfully long time to agree with the main sticking point – a cheese made by Greece I believe and being called the same name in Canada. That sort of argument shouldn’t exist so it should be fairly simple because we already have a free trade agreement as part of the Customs Union and Single Market Agreements which will end as it stops us negotiating trade agreements with non-EU countries.

But, as I see it, the free trade agreement part of the Customs Union could simply be modified with a few accommodations to keep everyone happy. If we can’t achieve a solution it is estimated that new cars from Europe will cost 10% more and components 4.5% more.

As an old friend of mine, Gerry Keaney, CEO of the British Vehicle Rental and Leasing Association (BVRLA), pointed out, if we don’t get a trade deal it will not only affect the cost of cars but also the cost of service and repairs, insurance costs and ultimately inflation and productivity. I’m sure the negotiators have the message loud and clear – we must come out of Europe with a tariff-free trade agreement. By Graham Hill

Data, data, data – nothing but data and BREXIT is all we ever hear about on the news and frankly, it’s getting on my manboobs! Having said that I’m about to add to the pain because apparently there are fisticuffs taking place between manufacturers in order to win over car buyers.

Years ago it was a sunroof, if the car you had your eye on didn’t have a sunroof you would drop it in favour of maybe your second choice of car that did. Then it was air conditioning and CD players. Apparently, it is now the tech that is fitted into your car as the data that it can collect has been estimated to be worth over $750 million (£555 million) by 2020.

So the battle is on to provide the technology that gives the car manufacturers greatest returns because according to Auto-Express this is just the start. Once Autonomous (driverless) Tech kicks in it will really take off. The thing is that the control of much of the data when you connect to the Internet via your car is collected via Android Auto or Apple CarPlay, whichever you connect through.

This could mean a loss of potential profits so some established companies like Jaguar Land Rover and VW Group are investing in startups that are coming up with apps that can take over from the two providers mentioned above. The idea is to come up with apps that drivers can’t live without but are only available in their cars.

Thus moving us away from whether a car has a feature such as Park Assist (self-parking) to an unbelievable app that may tell you something but collects data at the same time. Whilst some manufacturers are spending money on developing their own apps Volvo has taken a different approach.

Thir boss, Hakan Samuelsson, admitted that their new infotainment systems were being developed around Android and Google Assistant. You’ll be able to interact with it and buy third party apps for your car much as you do at the moment for your smartphone. When asked why he isn’t following the same route as many of his competitors he admitted that Volvo,’Isn’t clever enough’ to compete. ‘You’ll have access to thousands of apps this way and they’ll all be better than the ones we would have written.’

So whilst we’re not there yet with so much diversity amongst the car manufacturers, when it comes to their attitude towards their Infotainment Systems and Internet Apps, the time will soon come when we select our cars, not based on things like air con or sun roofs but what apps we can access. By Graham Hill

What Car reported a problem experienced by a reader who bought a £68,000 2015 registered Jaguar F Type Convertible V8 R AWD. The car had covered just 1,800 miles and the driver was delighted until, whilst crawling along in traffic on the M25, ah the memories, the pedestrian airbag under the bonnet deployed.

The bonnet would no longer close making the car undrivable. The car was returned to Lookers, Jaguar in West London. He was told that the airbag needed to be replaced and re-calibrated at a cost of £2,000. I was shocked to read that he agreed to pay for the repair.

If a fault becomes apparent within the first 6 month of ownership the law is on the side of the buyer, the seller must prove that the fault did not pre-exist. Within the first 30 days he can reject the car which is what I would have done. To make matters worse the airbag deployed again, without warning, and whilst driving over a speed bump.

Again Lookers insisted that the airbag had deployed legitimately, took 24 days to repair the car and increased the cost to £3,820. Incidentally the 30 day rule applies to used cars as well as new cars – as does the rest of the Consumer Rights Act.

He complained to Jaguar who took 4 months to respond. They still insisted that the deployments were legitimate and refused to refund any of the cost. This was after he provided photographic proof that the car hadn’t been damaged, there were no police reports of him hitting a pedestrian – hardly likely whilst driving on the M25 from where he was recovered.

He then wrote to What Car. They were incensed and wrote to Jaguar only to be given the cold shoulder. After receiving the same response from Jaguar as Mr Magee they recommended that he contact the Motor Ombudsman, the ‘Independent Arbitration Service’, run by the Society of Motor Manufacturers and Traders. I added that bit.

If you think they are independent you have dogs poo for brains. By their own admission on their website they are increasing business to their members, those whom they investigate, as consumers perceive that they are safer in the hands of those signing into the Motor Ombudsman service.

It used to be called Motor Codes – they changed it to the Motor Ombudsman, no doubt to give the impression that they are similar to the Government funded Financial Ombudsman Service. My advice would be to download a copy of my PCP report which contains loads of advice and contacts.

He then needs to register a complaint with Trading Standards via the Citizens Advice Bureau. He should also take up a complaint with:

European Consumer Centre UK  Trading Standards Institute (TSI)
Sylvan Court 1, Sylvan Way
Southfields Business Park Basildon
UK – Essex SS15 6TH
Tel.: +44 (0)8456 04 05 03 (Monday to Friday: 10:00am to 3:00pm)                                 email: eccnet-uk@ec.europa.eu

Once you get the European regulators involved things start to happen. The problem is that so few people know how to deal with issues when it comes to cars. By Graham Hill

Most people are not aware of the way their car is set up to deal with a puncture. According to tyre maker, Continental drivers suffer a puncture once every 44,000 miles or 5 years. And much has happened over that period if you haven’t suffered a puncture over the last 5 year period.

Some drivers still think that they have a full sized spare in the boot and are shocked to find that there is just a puncture repair kit. Unfortunately, they only get to find this out when they get a puncture. It would, therefore, be wise to check as you never know when you will suffer a puncture.

The reason why we’ve moved to tyre repair kits via skinny emergency spares from full-sized spares is given as the need to reduce the weight of cars in order to improve fuel consumption.  and reduce emissions. In fact, it is probably more to do with cost as a repair kit costs about £20 whilst a wheel and tyre will cost the manufacturer more than £100.

Some manufacturers will allow a skinny spare for an extra charge with space in the boot. To give the situation some perspective What Car carried out a survey of 251 new car models and found just 8% had full sized spares, space savers were standard on 30% and tyre repair kits were fitted to 55%. The rest were fitted with run-flat tyres.

So how does a repair kit work? Most consist of a sealant that is squirted into the punctured tyre via the valve with the help of a compressor connected to an in-car 12v socket. What they don’t always make clear is that you must drive the car soon after you’ve inflated the tyre in order to spread the sealant around the inside of the tyre.

You should be able to drive the car for up to 300 miles which should be ample to get out of trouble and to a tyre repairer in order to have the puncture repaired. The problem with the sealant is that it only works in one in five punctures. If the hole is more than 5mm wide or in the sidewall it won’t work.

The tyre will also deflate a day after repair. The sealant may also prevent the tyre from being repaired. Only if it is water based will you be able to repair the puncture as the repairer can flush out the sealant. Currently, Ford, Honda, Hyundai, Kia, Seat, Suzuki, VW and Volvo have repair kits in their cars that are water-based.

If you wanted to have a space saver wheel instead of the repair kit, research showed that only 52% of the cars that had a repair kit could have the repair kit swopped for a space saver wheel. Prices vary from £30 on a Kia Picanto to £275 on an Alfa Romeo Stelio SUV.

Space savers are only meant to be used temporarily, they only have 3mm of tread and whilst they shouldn’t be driven above 50mph there is no limit as to how far you can travel on these skinny wheels. Finally, there are run-flat tyres. They have extra-stiff sidewalls that are designed to resist the effects of deflation so you can continue your journey after a puncture.

Unfortunately, they are more expensive to buy and following a puncture you will need to change the tyre rather than have the tyre repaired. Some tyre fitters will repair run-flats but the manufacturers advise against it. They also make the ride firmer so you should test drive the car first before buying. You may find the ride too firm.

With so many people suffering blowouts as a result of potholes it is recommended that you have a spare in the car, even if it’s just a space saver. By Graham Hill

A couple of weeks ago the Mail revealed a coverup scandal that is still having repercussions. Even the news on TV showed two men stealing a car from the drive of an unsuspecting driver as I recently explained in one of my reports.

One picked up the signal emitted from a keyless device inside the house which was bounced across to another device held close to the car which unlocked the doors.

The devices used can be picked up off the Internet for just a few pounds but worst of all is the fact that this problem has been known about for years – according to the Mail. It has been revealed that 5 years ago VW won a high court injunction to prevent details of security flaws being made public. But 3 years later researchers found millions of cars still at risk.

The potential theft problem, that affects millions of drivers worldwide, has been seriously covered up for years. Keyless entry has been about since 1995 and any of the cars with keyless entry are vulnerable to anyone with the equipment that the Mail found could be bought online for £100.

As I reveal in my PCP report, now complete and awaiting publication, the whole of the motor industry is corrupt. Not every person or company but whether it’s vehicle recalls, supply, finance, data, dealers – there is corruption and abuse everywhere. Now we find out that even when cars are at risk of being stolen in seconds drivers aren’t aware of the vulnerability.

Even with the mass of evidence collected by the Mail, Mike Hawes, CEO of the Society of Motor Manufacturers and Traders (SMMT), responded by saying ‘Industry takes vehicle crime extremely seriously and any claims otherwise are categorically untrue.’

Oh really Mr Hawes? Read the bloody Mail report and repeat that statement. In the meantime, if you have a keyless entry car and you park your car in a place where it can easily be driven away from, once the car is unlocked, you need to protect the key when in the house. You can buy signal blockers from Halfords or online for just a few pounds. By Graham Hill