Rejecting a car because of a fault

I own a BMW 1 Series 120D M Sport which was purchased from new in March 2008. Since the beginning of this year I have noticed that the Efficient Dynamics does not work. (The automatic Start / Stop system).

The issue has been raised been with BMW who say because the car is out of warranty they cannot assist.

I have taken the car to another BMW garage regarding this issue to see if an issue could be found and fixed, but unfortunately the reason I have been given as to what the cause could be is the number of short journeys the car is used for, and have been advised to use the car on longer trips. I was informed that the car has not been used for any trips longer than 100 miles for the past 35 days which is also incorrect as I made a return journey within the 35 days which was over 100 miles twice, but for some reason this trip was not found in the logs!! Unfortunately I cannot accept this diagnosis and I can’t believe that for a car I paid over £20,000 for, the fix for this issue is for to do longer trips.
I feel that this is a reason given as no other technical reason can be provided.

I was also informed that the CAF – control unit – was showing a fault and to fix the software needs upgrading however it was confirmed to me that this has no bearing on the workings of the Efficient Dynamics.

In addition to this when I first purchased the car the Efficient Dynamics would consistently work no matter the length of the trip so the behaviour now does not work at all.

I am able to reject this car under the Sales of Goods Act?

Asked on 22 January 2012 by Jas007

Answered by Honest John
ED does not work if a car is used for repeated short runs from cold starts. The car needs to be regularly used for long runs to put enough charge into the battery for the stop/start and to clear the diesel particulate filter.
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