Outlandish claim

You may recall I wrote to you having purchased a Mitsubishi Outlander 2.2 diesel on the mpg representations made to me. I took the case to court on 8th December 2008, Case no 8SN01238 and won the case. Mitsubishi was found in breach of “warranty” and an order was made for them to pay compensation to me. The findings of fact were that the vehicle VA57HTG does not do the mpg as represented. It was, regrettably, a small claims court, but I could not afford the full court as you suggested, to demand a refund for the vehicle.

Asked on 21 March 2009 by

Answered by Honest John
Many thanks for your e-mail. That is very interesting because another motorist won a case against Mercedes for the same reason in Germany. His case was heard at a German Regional Court and set a case precedent. But, if yours was merely heard on the Small Claims Track of the County Court, it sets no precedent binding on other courts. However, it's still a step in the right direction. The EC requires manufacturers to lab test the fuel economy and CO2 of their vehicles in a prescribed standardised way and to publicise only the resultant figures, on which cars are now taxed. But cars can be optimised for the tests and the results often bear no relation to what real drivers can achieve in real life. More owners are going to start taking legal action and the EC will be forced to make its tests more realistic, but the downside is that this will put up CO2 based taxes.
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