VW passat highline diesel 58 plate - Liability for failure to update vehicle software

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Wed 12 Jun 2013 20:11
VW passat highline diesel 58 plate - Liability for failure to update vehicle software - Passat_driver

We recently bought a second hand VW Passat 2.0 diesel 58 plate estate from a reputable garage (not a VW delearship). After 2 months the car brokedown and had to be taken to a local VW Sinclair Cardiff. One aside, the service we received at VW Sinclair Cardiff was outstanding! The VW dealership traced the fault to carbon build up on the EGR valve. The EGR valve had been replaced by another VW delearship (name withheld for the time being) but they had failed to install a required software update at that time. This failure led to the EGR valve not operating correcting causing carbon build up and eventual failure. The cost of repair was in excess of £1500. VW, UK supplied the parts free of charge as a gesture of goodwill - much appreciated. However, they were not willing to pay for the labour costs even though the intial work was carried out at a VW dealership. They claim that VW dealerships are merely franchises and VW UK cannot be help liable for the quality of their workmanship!

It is my opinion that the previous VW dealership whose negligence in not updating the vehicle software as required by replacing the EGR valve should cover the labour charge we have had to pay. Does anyone on this forum have any similar experiences or advice to offer?

Many thanks!

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Wed 12 Jun 2013 20:48
VW passat highline diesel 58 plate - Liability for failure to update vehicle software - Cyd

I would agree with your point of view, provided that the software update would have been essential for proper operation of the EGR. If this is the case then VWs service schedules should specify that the software be updated at the same time as the valve is changed. Assuming it does, then the dealer technicians who changed it did not follow the service schedule and would therefore be liable.

You should ask the Cardiff dealer for a copy of the service schedule (or at least to confirm the above assumptions)

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Thu 13 Jun 2013 21:05
VW passat highline diesel 58 plate - Liability for failure to update vehicle software - Passat_driver

Thanks for you reply and good suggestion. We have confirmed with the Cardiff dealer that the update was required for the EGR valve to work correctly but having documentary evidence would help.

Thanks again for your help!

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