VW defeat devices broke law, UK courts decide
It's been a long time coming, but Dieselgate claimants have won their first battle
Remember Dieselgate? More than four years since news of Volkswagen's emissions scandal first broke, English courts have determined that the 90,000 UK customers seeking compensation were right to declare foul play. VW's use of "cheat devices", the courts have determined, did indeed break EU law, leading to what's expected to become the largest pay-out demand in English legal history. That's significant, because unlike in the US, it wasn't entirely clear whether VW had actually broken a law in Europe.
Determining that is has, however, doesn't necessarily mean that VW will have to pay any compensation. At this stage it's not clear whether the "defeat device" will be deemed to have caused any customers loss - a point that a spokesperson for the manufacturer made vigorously to the Guardian: "Volkswagen remains confident in our case that we are not liable to the claimants as alleged and the claimants did not suffer any loss. We will continue to defend our position robustly. Nothing in this decision today changes this."
Nevertheless, verdicts reached elsewhere have required the firm to reach deep into its pockets. The total sum up to this point is £26 billion, almost a tenth of which was for the US's criminal fine and associated legal fees.
Overseeing the UK case was the (brilliantly named) Justice Waksman, who ruled via a video feed that VW's "software function in issue in this case is indeed a defeat device" under EU regulations. He noted how many "other jurisdictions" have already shown to "agree that the software function here is a defeat device", leading to 40 times the claimed output of nitrogen oxide in certain diesel cars.
The fallout since has, of course, been enormous with VW's motorsport efforts subsequently culled and a newfound focus on electric power taking its place. Regardless, the car maker has remained enormously popular in Britain, at least as far as car sales are concerned, selling record numbers of vehicles before the recent market downturn. So unaffected was its status in this country, the Golf was vying with the Ford Fiesta for the biggest UK sales volume before coronavirus caused the market to contract by more than 40 per cent in March.
It’s ok for VW to have already compensated other parts of the world by 20 + billion
But the UK customers should just suck it up...?
I don’t own a VW just a fan of karma and natural justice.
BBC take on this...
https://www.bbc.co.uk/news/business-52184229
They certainly haven't lost out financially - I very much doubt resale values have been affected at all. People claiming against Volkswagen are just in it for the free money.
Am I satisfied that VAG floated the rules and gave me a better driving car (as others are making out above)? No not really, don't really care about how "better" it drives to be honest. It is what it is, I hadn't got an unfixed one to try out when I bought it because it was 2013 before any of this was known.
Has VAG done wrong? Yes. Have they compensated customers around the world? Yes. Do I want compensating? Well yeah a precedent has already been set. You'd be mad to turn it down on principles at this stage.
The customers trying to cash in are just selfish, hypocritical freeloaders.
Gov could do with a windfall too, would help support the NHS.
"A spokesperson for the German carmaker said: 'To be clear, today's decision does not determine liability or any issues of causation or loss for any of the causes of action claimed. These remain to be determined by the court as the case continues.'"
There is something absurd about the way this matter has proceeded in the UK.
Across the Pond, Volkswagen unilaterally issued waves of reparations and customer assistance -- prior to finding itself in court. Later, after losing in court, Volkswagen was required to pay penalties and to top up and confirm further payments, buy-backs, and make-goods to consumers.
And all of that was initiated and concluded some time ago. In fact, many of the errant vehicles have since been retrofitted with compliant systems, courtesy of Volkswagen, and sold once again on the US market -- along with generous warranties.
It looks almost as if something or other about tort law and/or consumer protections in the UK is not as far-reaching as it could be.
Am I satisfied that VAG floated the rules and gave me a better driving car (as others are making out above)? No not really, don't really care about how "better" it drives to be honest. It is what it is, I hadn't got an unfixed one to try out when I bought it because it was 2013 before any of this was known.
Has VAG done wrong? Yes. Have they compensated customers around the world? Yes. Do I want compensating? Well yeah a precedent has already been set. You'd be mad to turn it down on principles at this stage.
Now PPI is over it's time for the legal scavengers to start chasing every asthmatic or person with cardiovascular disease in the country....
The real losers here are the rivals that were honest and were put at a disadvantage by that
They certainly haven't lost out financially - I very much doubt resale values have been affected at all. People claiming against Volkswagen are just in it for the free money.
People who don't own a VW should be compensated.
What a load of BS. f
king vultures.Am I satisfied that VAG floated the rules and gave me a better driving car (as others are making out above)? No not really, don't really care about how "better" it drives to be honest. It is what it is, I hadn't got an unfixed one to try out when I bought it because it was 2013 before any of this was known.
Has VAG done wrong? Yes. Have they compensated customers around the world? Yes. Do I want compensating? Well yeah a precedent has already been set. You'd be mad to turn it down on principles at this stage.
Think you need to get practising that "Compensation face". A few tears would add to the look.
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