I bought a car that was advertised as ULEZ compliant but turned out not to be - what can I do?

I recently purchase a vehicle which was sold as being ULEZ compliant. I asked the dealer to confirm this which they did in writing. On completion of the purchase I checked the V5 from which it is clear that the engine is EU5 with NOx of .17. So non compliant. The vehicle was first registered on 27th October 2015 after what I believe was the last date for registration of new EU5 (15th September 2015).

The TFL site and other state the vehicle is compliant based on registration date I believe but clearly it is not. Why was this vehicle allowed to be registered and has the dealer misrepresented the vehicle (perhaps innocently), if so should it be liable for the loss in value of a non compliant vehicle?

Asked on 17 May 2023 by Frazer Hamilton

Answered by David Ross
Although the cut-off for the introduction of Euro 6 standards is given as 1st September 2015, there was some flexibility within the rules at the time and the guidance indicates that vehicles sold up to 1st September 2016 may still have a Euro 5 engine, and owners are encouraged to check with the manufacturer for confirmation.

It is possible that the dealer has relied entirely on the TFL site or other ULEZ-compliance service to check its validity and based on the registration it would appear to be compliant, although the V5C indicates otherwise. You should contact the dealer about this matter. The letter of compliance they have provided will certainly help your case, but in the event that they are unwilling to rectify the situation you could reject the vehicle on the grounds it is not 'as described'.
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