Dealers facing 'imminent HMRC crackdown' over demonstrators - Car Dealer Magazine

Dealers facing 'imminent HMRC crackdown' over demonstrators - Car Dealer Magazine: "POOR record keeping on employees’ use of demonstrators and courtesy vehicles could see dealers facing stiff fines from the HM Revenue & Customs."



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Aftermarket unites to fight government's four-year MOT proposal - Car Dealer Magazine

Aftermarket unites to fight government's four-year MOT proposal - Car Dealer Magazine: "AN aftermarket steering group is united in fighting the Chancellor’s plans to increasing from three years to four the period before a car receives its first MOT test.

The Automotive Aftermarket Liaison Group (AALG) discussed how to best fight the proposition and defend the UK’s impeccable safety record."



28 July



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‘Urgent’ structural review of English civil courts commissioned

‘Urgent’ structural review of English civil courts commissioned: "An “urgent” review of the structure of the civil courts in England and Wales has been commissioned by two of its highest ranked judges.10 Aug 2015"



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Stefan Quandt seeks to avoid forced BMW takeover bid

Stefan Quandt seeks to avoid forced BMW takeover bid: "Stefan Quandt has asked German regulator BaFin to be excused from takeover rules that otherwise could force him to make an offer to buy the whole of BMW, a spokesman for the Quandt family told Reuters on 11 August."



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Leaving the EU—impact on case law and legislation

Halsburys Law Exchange has an interesting article by Tim Eicke QC on the legal implications of a Brexit, which is something we have to start thinking about. No doubt to would mean a mad rush of legislation to replace what we were leaving behind - often in identical terms. Where, for example, would we be without a block exemption? A domestic version might turn out to be different from the EU one, though.



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German prosecutors drop case against Porsche board

German prosecutors drop case against Porsche board: "German prosecutors in Stuttgart have dropped a case against members of Porsche Automobil Holding SE's supervisory board including Ferdinand Piech and Wolfgang Porsche for suspected market manipulation, they said on Friday." Automotive News Europe, Reuters



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VW faces NHTSA probe after Takata airbag incident

VW faces NHTSA probe after Takata airbag incident: "The National Highway Traffic Safety Administration is widening its Takata airbag probe after a Takata side airbag in a Volkswagen SUV ruptured in June."



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Trade union GMB takes on taxi app provider Uber over driver rights and terms

Trade union GMB takes on taxi app provider Uber over driver rights and terms: "Trade union GMB is launching a legal case against Uber in an effort to ensure its members working for the taxi app provider have the same rights as other employees."



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Have you been affected by MOT meltdown? Have your say in our forum - Car Dealer Magazine

Have you been affected by MOT meltdown? Have your say in our forum - Car Dealer Magazine: "THOUSANDS of garages across the UK have been left unable to issue valid MOT certificates because of glitches in a new multi-million-pound Government computer system."



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Interim injunction granted in abuse of dominant position case

Packet Media Ltd v Telefonica UK Ltd [2015] EWHC 2235 (Ch) (20 July 2015) is not a motor industry case, but it is an important competition law case demonstrating how changes in the law have made remedies more accessible for smaller businesses (though whether the courts are accessible at all, in practical terms, to small businesses is debatable).

The Enterprise and Regulatory Reform Act 2013 amended section 35 of the Competition Act 1998, lowering the standard of proof for the granting of an interim injunction from “significant damage” to “serious, irreparable harm”.

Packet Media accused Telefonica (which operates the O2 network in the UK) of abusing their dominant position in the wholesale provision of access to call and SMS text origination. Packet Media relied on O2 providing and supporting their SIM cards, which enabled Packet Media to offer customers a low cost GSM gateway for calls and text messages. When O2 threatened to suspend this service, Packet Media sought an interim injunction in the High Court. They succeeded on the basis that Telefonica had a case to answer for a possible abuse of dominance, in breach of Part II of the Competition Act 1998.

Unusually, this is a ‘stand-alone’ case: there has been no earlier finding (for example, by the CMA or European Commission) that an abuse had been committed. Packet Media will have a harder job securing a permanent injunction, which will require it to prove fault. But at least it has shown that the amended law on interim injunctions can be helpful to smaller players who depend on large suppliers.

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USA: TrueCar says it considers U.S. antitrust probe to be closed | Reuters

Reuters reports: "U.S. antitrust enforcers have closed an investigation into whether auto dealers ganged up against shopping website TrueCar Inc in 2011 and 2012 in order to raise prices, TrueCar said in a securities filing on Wednesday."

Read the report here.

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New consumer ombudsman to handle car complaints | Auto Express

Auto Express reports on a new free online service to help consumers complain about buying cars, repairs and servicing. The story is here. The service is run by Ombudsman Services Ltd, a company limited by guarantee (therefore by definition not-for-profit) which has been around since 2002 offering services in a number of sectors. In fact it isn't just aiming at the motor trade, but opening up its service for all sectors, according to Auto Express: there isn't a mention of it that I can find on the company's own website.

Clearly, to be credible, an organisation like this needs good links with the sectors where the complaints come from. It has sound-looking credentials in utilities areas, and also in copyright licensing, and the website suggests (without as far as I can see stating it expressly) that they have the approval or regulatory bodies. It will be interesting to see who in the motor sector has given approval to the new service.

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USA: TrueCar hit with another dealer lawsuit

Automotive News reports that a group of 100 dealerships that are part of TrueCar's network are suing the online car-buying service for not disclosing to consumers the nature of the fees that dealers pay the company for each sale. Read more here.

Dealers facing 'imminent HMRC crackdown' over demonstrators - Car Dealer Magazine

Car Dealer Magazine reports: "POOR record keeping on employees’ use of demonstrators and courtesy vehicles could see dealers facing stiff fines from the HM Revenue & Customs."

Read more here.

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Law firm calls for Calais fines to be waived as hauliers face £4m bill

Law firm calls for Calais fines to be waived as hauliers face £4m bill: "Law firm Moore Blatch is calling on the Government to waive fines for haulage companies and drivers who unwittingly transport migrants in their vehicles until the escalating border control situation in Calais has been rectified."



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Stefan Quandt seeks exemption from BMW takeover offer

Stefan Quandt seeks exemption from BMW takeover offer: "FRANKFURT (Reuters) -- Stefan Quandt has asked regulator BaFin to be exempted from making a mandatory takeover offer for BMW after he inherited a 16.7 percent voting stake in the automaker from his recently deceased mother, Johanna Quandt, a spokesman for the family said."



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Motoring law: Hundreds of drivers lose licence following increased police powers for roadside eye tests - Find Laws, Legal Information, News & Solicitors - Findlaw UK

Motoring law: Hundreds of drivers lose licence following increased police powers for roadside eye tests - Find Laws, Legal Information, News & Solicitors - Findlaw UK: "Information obtained from a Freedom of Information Act request has shown that 609 people have had their driving licences revoked since the introduction of new powers authorising the police to suspend a driving licence following a failed roadside eye test, The Guardian reports."



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So.. is jailed car dealer planning The Great Escape? - Car Dealer Magazine

So.. is jailed car dealer planning The Great Escape? - Car Dealer Magazine: "A CAR Dealer being sent to jail for selling a dangerous vehicle caused a moment of unintentional humour in court – his mobile phone went off and played the theme to The Great Escape."

More importantly, the dealer in question had sold a Nissan Terrano for £1,400. The Birmingham Mail reports. It was badly corroded and potentially dangerous (aren't all vehicles potentially dangerous, depending on what the driver does with them?). He was sent down for 5 months.

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UK car dealers back EU proposals to ban mileage correction firms

Fleet News reports: UK car dealers back EU proposals to ban mileage correction firms.

UK car dealers are backing EU proposals to introduce legislation outlawing mileage correction firms by May 2018.

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Chrysler Hit with Class-Action Lawsuit in Wake of Jeep Hack

Thanks to my good friend Lisa Brownlee for this piece of (perhaps predictable) news: Chrysler Hit with Class-Action Lawsuit in Wake of Jeep Hack: "Fiat Chrysler and Harman International, the maker of the Uconnect dashboard computer, have been slammed with a class-action lawsuit after two security researchers successfully exploited a vulnerability in uConnect to hijack a 2014 Jeep."



There's more to read if you follow the link - what I have quoted should qualify as fair dealing ...



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