RajivRanjay
New Member
My apologies for this long post
A bit of Background
I did purchase a Brand New GLE 300 D premium plus with driving assistance package on PCP from Basingstoke Mercedes Dealership on 14/12/2021 and the salesman confirmed that only feature missing will be augmented reality because of worldwide shortage of chip and I agreed and accepted that. After taking the delivery I found that that
1.Lane departure warning and active lane keeping assistance is not working properly and the car fails to recognise lane marking on the road even when it is clear on the Motorways. It does not give any warning if lane is changed unintentionally. As per the manual that car will give warning and bring it back it to the lane.
2.The adaptive cruise control and automatic lane change assist function does not work in a safe manner , when signal given to change the lane , car accelerates but does not change the lane automatically (which is a feature of driving assistance package Please see the video at 7.45 min) and we have to manually slow down the car and disengage active cruise control otherwise it goes dangerously close to the vehicle in front. I believe it will not crash with the car in front of me because of the all the active brake assistance but I am not ready to test that
3. I sent an email to Dealership on 28/12/2021 pointing out the faults and return return the car as per my consumer right Off-premise/ distance sale within 14 days and got a call from the dealership saying they will fix the problem and if they could not car can be retuned and all the sweet talk.
3. I took the car back to the dealership on 02/01/2022 and drove the care with one of their staff members and he also witnessed and agreed that something is not right that and arrange the call from workshop.
4. I took the car to today 04/01/2022 and they run the diagnostic and updated the software and resolve the active lane keeping assist , When I asked about active lane changing assist someone from the dealership said.. Oh your car does have the feature and we had a internal communications that Mercedes will not give the feature because it is classed as automatic driving and not permitted by the UK government. When I asked , Is there any recall for the cars where this features is already there in UK and why was I not told about that by the salesman , he could not answer that
5.When I took the car on the motorway to check if there is any thing changed or fixed , to my disappointment nothing. You can still drive on solid line or broken lines without giving signal and it will not give any warning or do any correction.
Now the help and advised from the veterans
What are my right if they could not give me that Active lane departure/Change features for whatsoever reason Although that is part of the driving assistance package?
What if they could not fix active lane assistance issue?
How can I return and reject the car as i 14 days period has been passed , but I did send them an email stating my intention.
Is Motor ombudsman any good ? I understand it is not obligatory for them to accept ombudsman's suggestion
Is there any legal firm that specialise with this type of case ?
Can I involve finance company ( It is financed by Mercedes Finance so not sure if they will be helpful)
My Argument is
1.It is not safe as it accelerates itself and need manual intervention
2 Had I been told that few features will not be available in Driving assistance package I would have taken a informed decision to buy the car or not .
3 Will be classed as misrepresentation if salesman was aware of the fact that some particular feature will not be there as he had access to internal memo but did not share the information.
A bit of Background
I did purchase a Brand New GLE 300 D premium plus with driving assistance package on PCP from Basingstoke Mercedes Dealership on 14/12/2021 and the salesman confirmed that only feature missing will be augmented reality because of worldwide shortage of chip and I agreed and accepted that. After taking the delivery I found that that
1.Lane departure warning and active lane keeping assistance is not working properly and the car fails to recognise lane marking on the road even when it is clear on the Motorways. It does not give any warning if lane is changed unintentionally. As per the manual that car will give warning and bring it back it to the lane.
2.The adaptive cruise control and automatic lane change assist function does not work in a safe manner , when signal given to change the lane , car accelerates but does not change the lane automatically (which is a feature of driving assistance package Please see the video at 7.45 min) and we have to manually slow down the car and disengage active cruise control otherwise it goes dangerously close to the vehicle in front. I believe it will not crash with the car in front of me because of the all the active brake assistance but I am not ready to test that
3. I sent an email to Dealership on 28/12/2021 pointing out the faults and return return the car as per my consumer right Off-premise/ distance sale within 14 days and got a call from the dealership saying they will fix the problem and if they could not car can be retuned and all the sweet talk.
3. I took the car back to the dealership on 02/01/2022 and drove the care with one of their staff members and he also witnessed and agreed that something is not right that and arrange the call from workshop.
4. I took the car to today 04/01/2022 and they run the diagnostic and updated the software and resolve the active lane keeping assist , When I asked about active lane changing assist someone from the dealership said.. Oh your car does have the feature and we had a internal communications that Mercedes will not give the feature because it is classed as automatic driving and not permitted by the UK government. When I asked , Is there any recall for the cars where this features is already there in UK and why was I not told about that by the salesman , he could not answer that
5.When I took the car on the motorway to check if there is any thing changed or fixed , to my disappointment nothing. You can still drive on solid line or broken lines without giving signal and it will not give any warning or do any correction.
Now the help and advised from the veterans
What are my right if they could not give me that Active lane departure/Change features for whatsoever reason Although that is part of the driving assistance package?
What if they could not fix active lane assistance issue?
How can I return and reject the car as i 14 days period has been passed , but I did send them an email stating my intention.
Is Motor ombudsman any good ? I understand it is not obligatory for them to accept ombudsman's suggestion
Is there any legal firm that specialise with this type of case ?
Can I involve finance company ( It is financed by Mercedes Finance so not sure if they will be helpful)
My Argument is
1.It is not safe as it accelerates itself and need manual intervention
2 Had I been told that few features will not be available in Driving assistance package I would have taken a informed decision to buy the car or not .
3 Will be classed as misrepresentation if salesman was aware of the fact that some particular feature will not be there as he had access to internal memo but did not share the information.