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Halfords taken to court by Warwickshire council - EDW2000

www.bailii.org/ew/cases/EWHC/Admin/2018/3007.html

Interesting case regarding legality of test purchase by trading standards.

Note: the case has been sent back to the Mags' court so is still live - innocent until proven guilty etc etc.

Edited by EDW2000 on 10/11/2018 at 18:46

Halfords taken to court by Warwickshire council - RT

Halfords defence seems to be that the test purchaser wasn't a consumer so the regulation doesn't apply - the facts of the case aren't disputed.

Halfords taken to court by Warwickshire council - Smileyman

too late at night to read all 40+ points ... but I thank you for bringing such matter to the wider public domain and look forward to the result with interest. Please do update this discussion thread at the appropriate time.

Edited by Smileyman on 10/11/2018 at 21:12

Halfords taken to court by Warwickshire council - NARU

Very interesting. And a novel defence - if Halfords win then that'll be a huge blow for trading standards - I suspect it would have to lead to a change in the law.

Halfords taken to court by Warwickshire council - EDW2000

11 faults either not fixed or not reported, job done by apprentice!

My local garage does a one hour service for £40, bring your own parts. I usually get an oil and filter change (parts £20) plus one other thing like brakes or coolant flush, and a full inspection and balance all 4 wheels.

Halfords taken to court by Warwickshire council - Bromptonaut

Very interesting. And a novel defence - if Halfords win then that'll be a huge blow for trading standards - I suspect it would have to lead to a change in the law.

Halfords case seems to have been a deliberate attempt to close off possibility of test purchases by trading standards by saying a Trading Standards Officer (TSO) was not a consumer.

The District Judge, a role formerly known as a Stipendiary Magistrate so meeting the judicial selection criteria of n years as solicitor/barrister, decided they were right. appealed by case stated to the High Court. The Justices found that while the TSO was not a consumer it made no material difference and other limbs of the legal definition of a consumer purchase were met. They've remitted it to the Magistrates to re-decide in light of High Court's findings in law.

Halfords might then decide to change their plea to guilty or pursue some alternative defence.

I think fact that a major national player in car service/repair business even attempted to stymie Consumer protection law as they did deserves widespread publicity of the name and shame variety.

Halfords taken to court by Warwickshire council - EDW2000

you need 5 years pqe to become a DJ.

Halfords taken to court by Warwickshire council - Bromptonaut

you need 5 years pqe to become a DJ.

Thanks, I couldn't be bothered to look it up.

Halfords taken to court by Warwickshire council - concrete

Shame on Halfords trying to mount a defence by splitting hairs on interpretation of a reasonably clear law.

Surely in all common sense and justice it matters not whether Trading Standards are a 'consumer' or not. Halford were contracted to service the vehicle to a reasonable standard. QED. If I took my daughters car to Halfords for service (God forbid) are they saying that any ensuing faults due to lack of care are nothing to do with them because it was not my car, therefore I am not a consumer? Ridiculous. The whole thing should have been laughed out of court and Halfords given the most severe penalty simply for trying it on.

Cheers Concrete

Halfords taken to court by Warwickshire council - Leif
I can but agree with that. It’s almost as if Nick Freeman was representing Halfords.
Halfords taken to court by Warwickshire council - NARU

Thanks!

Halfords taken to court by Warwickshire council - Middleman

This case demonstrates perfectly the value of an appeals process and the need for "case law" provided by senior judges to accompany statutes.

The law, as written, makes it clear that Halfords are not guilty. The Trading Standards bod was not a "consumer" and so Halfords committed no offence. However, it would be ludicrous if Trading Standards inspectors could not take action following making test purchases because they were not "consumers". It would make a mockery of the spirit of the law. The High Court was right to clarify this in the way they did.

Halfords taken to court by Warwickshire council - EDW2000

the Judge was Gary Hickinbottom who started off doing parking ticket appeals, no sh!t.

Halfords taken to court by Warwickshire council - Bromptonaut

the Judge was Gary Hickinbottom who started off doing parking ticket appeals, no sh!t.

I was about to point that out too.

Halfords taken to court by Warwickshire council - Warning

Halfords case seems to have been a deliberate attempt to close off possibility of test purchases by trading standards by saying a Trading Standards Officer (TSO) was not a consumer.

I am disappointed in Halfords for going for this defence. If the car was not serviced correctly, they should have pleaded guilty. This is about safety on the road. Don't Halfords care about that?. Instead of wasting defending this claim on lawyers, the money would have been better spend on training and supervisions. Halfords should have their own mystery shoppers, checking the work of their staff.

Halfords taken to court by Warwickshire council - Smileyman

based on comments above I will add ... I'm not legally trained so cannot comment on the legal aspects of this case, however as motorist with about 40 years' driving experience the thought that a garage would return a vehicle to a motorist with faults and not make then aware - this is terrifying.

People put their trust in garages that their cars are safe to drive, these cars carry families and drive at high speeds on congested roads ... and even if the car driver is not bothered I don't want to be a victim of an accident with an unsafe vehicle, people can die, lives changed etc.

Halfords taken to court by Warwickshire council - John F

Jeez - no wonder lawyers charge so much........umpteen pages of A4 and still no discussion of the faults! What were they? For those with no time to waste reading legal verbiage, paras 17. and 19. give the gist of it.

Halfords taken to court by Warwickshire council - EDW2000

High Court was not looking at faults, this was a technical appeal.

As for faults we should find out soon enough.

Halfords taken to court by Warwickshire council - J0HNuk

Pages and pages of waffle.

Then at the end . .

    Mr Justice Jay:

  1. I agree.

I find that funny.

Halfords taken to court by Warwickshire council - Bromptonaut

I find that funny.

Why?

Halfords taken to court by Warwickshire council - Bromptonaut

Jeez - no wonder lawyers charge so much........umpteen pages of A4 and still no discussion of the faults! What were they? For those with no time to waste reading legal verbiage, paras 17. and 19. give the gist of it.

Whatever the unreported faults were their existence is not in dispute.

The issues for the Justices were three questions posed by the original Judge in the Case Stated:

    1) Was I correct to say the criminal behaviour alleged against Halfords in the information was the issuing of the misleading invoice to Paul McCabe?

    2) Was I correct to say that the Trading Standards Officer Paul McCabe was not a consumer as defined by regulation 2(1) of the 2008 Regulations?

    3) Was I correct to say that the giving of the invoice to Paul McCabe was not a commercial practice?

Answers to those questions need to be fully explained.

Halfords taken to court by Warwickshire council - engine

People put their trust in garages that their cars are safe to drive, these cars carry families and drive at high speeds on congested roads ... and even if the car driver is not bothered I don't want to be a victim of an accident with an unsafe vehicle, people can die, lives changed etc.

Where this is interesting, though, is the context of the car, leading to the perspective of the owner.

An awful lot of people determine the quality of a garage/MOT to be one that reports (and therefore costs) as little as possible. If additional things are picked up, the vehicle owner makes wild suggestions of dishonest and fraudulent practices in order to invoice more work.

Your opinion (and that of another segment of the public) suggest the opposite - there are vehicle owners who want to know everything that could be an issue, in order for the car to be correctly maintained (perhaps the types who would rather replace a tyre than fix a puncture, for example).

Then, as a third category, you get franchised chains such as Halfords garnering a reputation for finding jobs that don't need doing (e.g. gas shocks suspiciously leaking WD40).

Of course a good honest technician/mechanic will report and assess based on the full information available - e.g. if the discs are a bit worn and the pads are half worn, that's normal and not necessarily an indication of a fault - but some other garages, for various reasons, may choose to take a more hyperbolic view. It's certainly a difficult industry to work in from that perspective (from experience), and so I don't think it's possible to actually make a judgement as to how poor the service was - certainly without knowing the detail of what TS deemed as faults.

Edited by engine on 11/11/2018 at 20:29

Halfords taken to court by Warwickshire council - Bromptonaut

Then, as a third category, you get franchised chains such as Halfords

Is Halfords a franchise?

Halfords taken to court by Warwickshire council - Middleman

Pages and pages of waffle.

Then at the end . .

    Mr Justice Jay:

  1. I agree.

I find that funny.

The appeal was heard before Lord Justice Hickinbottom and Mr Justice Jay. They would have heard the evidence and applications together and discussed the matter before reaching their decision. Lord Justice Hickinbotttom was the chairman of the panel and so the judgement is announced by him. Mr Justice Jay's agreement at the end of that announcement is simply to show, in open court and for the record, that there is no disagreement between them.

Halfords taken to court by Warwickshire council - NARU

Halfords were fined £20k for similar issues back in 2013 (also initiated by Warwickshire Trading Standards).

www.coventrytelegraph.net/news/coventry-news/halfo...6

Halfords taken to court by Warwickshire council - barney100

Maybe this particular branch was out of order but others may be ok.

Halfords taken to court by Warwickshire council - madf

Maybe this particular branch was out of order but others may be ok.

Based on my experience on and off over 25 + years with Halfords Congleton, it varies with the local manager...Was poor 20 odd years ago - stopped using them.Started again with MOTs.. Now very good.

Halfords taken to court by Warwickshire council - RT

Maybe this particular branch was out of order but others may be ok.

Every chain organisation has that issue - one branch may be poor and tarnish them all - or they may be all as bad - that's why "secret shoppers" need to be used regularly across the whole chain.

Halfords taken to court by Warwickshire council - madf

Maybe this particular branch was out of order but others may be ok.

Every chain organisation has that issue - one branch may be poor and tarnish them all - or they may be all as bad - that's why "secret shoppers" need to be used regularly across the whole chain.

Blame the MD - he/she should ensure quality is uniformly high...

I knew an MD who used to arrive unannounced at a business 5 mins before it was due to start work/end work and watch what happened and then try to ring immediately it started - it woke up some people..

Halfords taken to court by Warwickshire council - oldroverboy.

Friend had this a while back..

Has been advised that Essex trading standards will do a "mystery shop"

www.honestjohn.co.uk/forum/post/index.htm?t=126350

and he cashed the cheque.

Halfords taken to court by Warwickshire council - NARU
I knew an MD who used to arrive unannounced at a business 5 mins before it was due to start work/end work and watch what happened and then try to ring immediately it started - it woke up some people..

I worked for an MD in the construction sector. He would visit the building sites in a region on the Sunday, and then phone the construction director for the region and pick him/her up at 7am on the Monday.

By the end of the day on Monday, the best build directors had a substantial bonus. The worst were fired. And all the others learned what really mattered to the boss.

Consistent, high quality can be achieved if it really matters.

Halfords taken to court by Warwickshire council - Big John

A Halfords in Cheltenham came to my rescue this weekend. About to set off back to Yorkshire and started my car to discover my nearside headlight bulb was out. Found local Halfords and a after 10 minutes and a small amount of money I was on my way after they fitted a bulb.

I don't think I'd have my car serviced here but this sort of fast fit company has its place.

Edited by Big John on 14/11/2018 at 23:12