Hi, Thanks for all the info so far. We have kept the car maintained at a main Kia Dealer to keep within the warranty. The problem has been with the car since shortly after purchase. There is loads of paperwork but I have attached the wording below from an IAEA report which is a good summary, hence asking for a recommended solicitor who maybe deals with vehicle issues regularly. (I have blocked out names / vehicle details etc.
Report to the Court
on
Engine Shudder
Vehicle
Kia Picanto G*****
Report Commissioned by
Miss L***** & Mr W***** *****
8 September 2011
Report prepared by
**** ********
I Eng MAE MIMI F Inst AEA MFIEA MIRTE MSOE
Date 10 December 2012
****** **************
Specialist Engineering Advice and Assessment on Automotive Damage for the Legal and Insurance Industries
** ************* Road, *********, Kent **** ***
Tel/Fax 0**** ****** Mobile 077** *******
Email ******************************
My instructions
To inspect the car and report on the engine's shudder when it is running at
between 2,000 and 2,500 revolutions per minute, after a long run.
The Vehicle
Kia Picanto Strike, 5 door hatchback, 1,086 cc petrol engine, automatic
transmission colour red, registration GL*****, first registered on 6 January
2010, VIN KN******************, mileage reading 9,278 after road test on 3
December 2011. The only extra fitted to the car is a roof rack.
History
I understand from Mr ***** that his partner, Miss ****** purchased the car new
in January 2010 from Hidsons Kia Northfleet, Oakwood Industrial Estate, Thames
Way, Northfleet, Kent DAll 9DT.
Soon after taking delivery of the car, Mr ***** and Miss ****** noticed that the
engine had shuddering when it was running between 2,000 and 2,500 rpm. The
first time it happened, Mr ***** initially thought one of the tyres had developed a
puncture, but this was not the case.
Mr ***** took the car back to Hidsons Kia Northfleet to remedy the problem, and
in April 2010 they renewed the automatic transmission. However, this did not
solve the problem, as it occurred intermittently after doing long runs. In May
2011 Hidsons Kia Northfleet fitted a new fuel pump, but this made no difference.
The only way to stop the shuddering was to find a safe place to pull over and
stop the car. Then, after restarting, the engine would behave normally.
Mr ***** says he complained again to Hidsons Kia Northfleet, but they were
unwilling to carry out the long test drives required to confirm his findings, apart
from one return trip of 55 miles each way, when the problem did not occur.
Mr ***** complained directly to Kia Motors UK, and after some correspondence,
they decided to fit a GDS VCI (vehicle communication interface) to the car
temporarily. This is an electronic computer diagnostic tool which provides a
'flight record.'
The data from the GDS VCI was subsequently analysed by Kia Motors UK, which
appeared to identify the symptom. Kia Motors UK stated in their report of 1
August 2012: The condition shown in the flight record screen shots indicates a
symptom which Kia Motors UK are aware of following previous customer and
dealer reports on this model. The symptom described is considered to be a
normal and acceptable condition for the model, therefore it is recommended that
no further action is taken. '
I am given to understand that this symptom only relates to the Kia Picanto with
automatic transmission and not the normal manual transmission version.
My inspections and road tests
The car appeared to be in good condition with no damage and no evidence of
heavy use or abuse when inspected on 10 September and 3 December 2011.
During an 89 mile road test on 10 September 2011, mainly on A roads and
motorways, the car performed normally. Therefore I was unable to experience
the problem first-hand.
A second road test of 83 miles was carried out on 3 December 2011 on similar
roads, but again the problem did not manifest itself.
Conclusion
Although I have not experienced the problem first-hand, there is compelling
evidence that the shudder does exist, and Kia Motors UK have stated that they
are aware of a symptom with this model of Kia which they describe as a 'slight
hesitation at light throttle under certain conditions as Mr ***** described.' Kia
Motors UK claim in their report of 1 August 2012 that 'it is considered to be
normal and acceptable for the model.' I read this statement to mean that the
problem is a normal and acceptable condition to Kia Motors UK and Hidsons Kia
Northfleet, not to the Picanto owners. Kia Motors UK have admitted that they
have had other customer and dealer reports of a slight hesitation. This indicates
that it has not been acceptable to other customers and their network dealers.
Other Kia models and other vehicle manufacturers do not appear to have a
problem of this type. This suggests to me that Kia Motors UK either do not know
how to resolve this problem, which is unlikely, or are unwilling to deal with it.
Mr ***** advised me that he did not consider the car to be unsafe when the
shuddering occurs, as he and Miss ****** did when they first experienced the
problem before the transmission was renewed. Although the shuddering has not
become worse, I consider it a possibility that it could do so in the future.
The shuddering would put some additional stress on the engine's flexible
mountings and transmission, but any consequential accelerated wear and tear
would be marginal.
In view of the above, I do not consider the car to be of satisfactory quality. I
therefore suggest that Mr ***** takes legal advice on rejecting the car, and
recovering the cost of the car from Hidsons Kia Northfleet. Alternatively, he
could consider claiming the loss sustained, based upon the difference in price
between the purchase price for the car, and the price he would realise for it on
the open market, with its shudder defect.
I, **** ******, understand my duty to the court and believe that I have
complied with that duty. I further state that I have made clear which facts and
matters referred to in this report are within my own knowledge and which are
not Those that are within my own knowledge I confirm to be true. The opinions
I have expressed represent my true and complete professional opinions on the
matters to which they refer. I confirm that I have not entered into any
arrangement where the amount or payment of my fees is in any way dependent
on the outcome of the case.
**** ******* I Eng MAE MIMI F Inst AEA MFlEA MIRTE MSOE
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