Ms E v MK Auto-Motors Ltd

Ms E bought a 2008 Audi A3 from a dealer MK for £6000. The Audi is fitted with a DSG gearbox which uses the mechatronic system which in effect consists of an electronic control unit attached to the outside of the gearbox which controls the internal dual clutch system.

After owning the car for a couple of weeks Ms E, felt sure that the gearbox was not functioning as it should which she reported to the dealer. The dealer suggested it was due to her getting used to a new car and to persevere with it.

The gearbox issue persisted, and the car returned to the dealer for inspection. However, having checked it the dealer reported no faults found. They went on to say that even if the gearbox was faulty it would not be covered under the Consumer Rights Act 2015 owing to Ms E having driven 2000 miles prior to bringing it back.

Ms E submitted the car to a VW Audi specialist for diagnostic testing which revealed the mechatronic control unit requiring replacement and did not occur as a result of driving style or driving conditions.

With the dealer refusing to repair the car and refusing to refund the purchase price, Ms E instructed us to handle the case for her and in turn the dealer instructed Lawgistics.

The argument advanced by the dealer centred around the mechatronic control unit not being part of the gearbox, the car having passed an MOT and a pre-delivery inspection prior to delivery and/or the car suffering from wear and tear.

The difficulty in this defence, is that the mechatronic control unit is encased in an aluminium, water-tight body and cannot wear per se, which is further amplified by the assertion that it’s not part of the gearbox.

Additionally, the MOT and the PDI are non-invasive and therefore were incapable of assessing the condition of the control unit or the internal mechatronic components.

Simply the defence made no sense and came under much criticism from the judge.

The dealer persisted, further averring that driver error or misuse caused the problem although this was undermined by the nature of the component and the inability for its durability to be affected by the driver.

The judge found in favour of the claimant and awarding her the cost of the repair and costs.

Cases involving the VW Audi Mechatronic system are commonplace but are often misinterpreted and misunderstood. The key to succeeding in making or defending a claim in the county court centres around an in-depth working knowledge of the vehicle, the key legal concepts and of course motor trade expertise.