Djlw84
Member
My angle with the Ombudsman complaint is slightly different - I purchased EAP at the time I ordered the car (£3,400) therefore I’d be looking for a pro rated refund on the functions that are not available to me.
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[UK] Help with legal case against Tesla over USS
- Thread starter RafP
- Start date
MrBadger
Badger out
I take that their argument will be that they have you the option and you made the decision to accept based on the ‘will temporarily impact’ statement along with your other communications with Tesla.
Curious to know your solicitors view on an acceptable period for ‘temporary’ would be. From armchair POV, it all stands on that and the weight of your other communication.
Many years ago, I thought that I was going to lose an (unrelated to Tesla) commercial case because of the law surrounding ‘future promise’. Don’t know if that still applies. Can’t remember how I won in the end but I was only going for reinstatement of the promised features which in the end they provided by a third party solution and was happy with that. They had initially tried to hide behind the good old E&OE but that got thrown out - I guess that’s the same as unfair contract but not sure if that only covers consumer law. I’m sure if it was an avenue worth investigating to ‘clip Teslas wings’ your solicitor will have said.
As an aside though, possibly may not do your case much good discussing too much in public.
Curious to know your solicitors view on an acceptable period for ‘temporary’ would be. From armchair POV, it all stands on that and the weight of your other communication.
Many years ago, I thought that I was going to lose an (unrelated to Tesla) commercial case because of the law surrounding ‘future promise’. Don’t know if that still applies. Can’t remember how I won in the end but I was only going for reinstatement of the promised features which in the end they provided by a third party solution and was happy with that. They had initially tried to hide behind the good old E&OE but that got thrown out - I guess that’s the same as unfair contract but not sure if that only covers consumer law. I’m sure if it was an avenue worth investigating to ‘clip Teslas wings’ your solicitor will have said.
As an aside though, possibly may not do your case much good discussing too much in public.
R
Thanks and agreed I won’t be commenting on thread anymore just wanted to prior to stop this becoming a thread of speculation.
Thanks to those that responded and are reaching out direct.
I got the following through octopus if that is any help
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Like everything Tesla seems to do - it just happens pretty much overnight, leaving everyone who is in their orbit - including their staff - completely in the dark, scrambling around to work out how to deal with it.
From the looks of that email above Octopus had the good sense to email their leasees to let them know what the score. I sense that for many other lease companies they were caught on the hop with this, or didn't even find out themselves until their customers queried it. it is interesting that the email doesn't mention any option of terminating the agreement because of the configuration change, though perhaps they don't exactly want to encourage that and would deal with it on a case-by-case basis via the contact email address.
The OP said they bought the car outright, so if they weren't given the popup then that would seem to be damning since Tesla obviously decided this change in configuration was significant enough that they went to the trouble of designing and deploying the aforementioned popup. They can't claim that it's not a big deal, and that the customer "didn't buy ultrasonics, which weren't explicitly on the order page", when it was a big enough deal that they were soliciting explicit agreement to accept the car without ultrasonics.
From the looks of that email above Octopus had the good sense to email their leasees to let them know what the score. I sense that for many other lease companies they were caught on the hop with this, or didn't even find out themselves until their customers queried it. it is interesting that the email doesn't mention any option of terminating the agreement because of the configuration change, though perhaps they don't exactly want to encourage that and would deal with it on a case-by-case basis via the contact email address.
The OP said they bought the car outright, so if they weren't given the popup then that would seem to be damning since Tesla obviously decided this change in configuration was significant enough that they went to the trouble of designing and deploying the aforementioned popup. They can't claim that it's not a big deal, and that the customer "didn't buy ultrasonics, which weren't explicitly on the order page", when it was a big enough deal that they were soliciting explicit agreement to accept the car without ultrasonics.
If the car was rejected within 30 days there is no need to have a repair. It's just rejection and that's it. If Tesla told you that was the major reason for refusal then arguably they're up it as that is misinforming the consumer of their rights. SOGA is long gone. It's the consumer rights act 2015 which removed the repair requirement and gave a limit of one chance to fix for faults outside the 30 days.
Handy flow chart which gives a good idea of rights.
If it's a business purchase then it's more complicated.
Handy flow chart which gives a good idea of rights.
If it's a business purchase then it's more complicated.
Today is three months to the day, and 2,850 miles, since I collected my car. I paid for EAP. The Navigation on Autopilot works ok, just about, but, of course the Park Assist, AutoPark, Summon and Smart Summon are still not functioning. I wanted these because I have to park in some very tight underground spaces at work and I have a close relative with a recognised disability causing limited ability to get into a car which is inches away from another car or a wall.
Three months is stretching, to put it mildly, my concept of 'a short period of time'.
Three months is stretching, to put it mildly, my concept of 'a short period of time'.
@RafP
Have you done a full data privacy request with tesla? If you haven’t already, it may be interesting to see what (if any) order preferences / confirmations they have recorded a response to, and whether they have recorded any of your complaints or conversations up to this point.
Have you done a full data privacy request with tesla? If you haven’t already, it may be interesting to see what (if any) order preferences / confirmations they have recorded a response to, and whether they have recorded any of your complaints or conversations up to this point.
Tesla's page for the above, but I'm not sure if this covers everything a Subject Access Request would.
www.tesla.com
Obtain a Copy of the Data Associated With Your Tesla Account | Tesla Support United Kingdom
Obtain a copy of the vehicle data associated with your Tesla Account.
I unfortunately couldn't give you a legal statement but I'm fairly sure I did not get a pop-up or any warning that our car was not coming with parking sensors. I also bought car outright via website. I have since read many US posts where people obviously were warned and thought "that is weird as I think I'd have noticed a warning like that". Having read the Tesla Vision statement post delivery I think I'd have assumed it would be sorted as promised and it wouldn't have stopped me buying it if I believed it would come online in Jan/Feb. I do feel a bit annoyed that first I knew was when I was parking my new car though.
We collected our Model Y in late December following a test drive in mid December.
I hadn't been reading much on forums pre-purchase and we just needed a car fairly quickly - Tesla had stock and I've had an S for almost 7 years. I never gave it a second thought that the car wouldn't have parking sensors. The demo car also had electric windows and 4 wheels - I did expect our car would have the same features (!) and the demo car I test drove had parking sensors. The sales assistant didn't mention anything. As above I have an S with parking sensors so not like I'd assume Tesla were incapable of such advanced technology.
I live in quite a rural area and it's not a massive deal for us but the longer it goes on the more annoying it feels. If I was working in the city constantly squeezing into spaces it would be a proper miss and a genuine stand out feature I've liked on my S. It's bizarre and I feel weirdly embarrassed to have been caught out or misled. I'm surprised the brand damage has not been greater.
I wish you luck but don't invest too much time or energy would be my steer. They're selling too many and I fear Tesla leadership have made things clear about direction and how important customers are now. They'll fix on a future model and accept the damage. I've long been a huge Tesla advocate and have had some great interactions with Tesla staff and positive feedback from other people. I'm pretty relaxed about delivery of things like FSD or other more pioneering features, I'd never assumed they would work properly. The way the USS has been handled feels different to me as it's a basic feature on a car these days and in general other actions seem to align with what feels like a misleading way of doing business. A real shame.
We collected our Model Y in late December following a test drive in mid December.
I hadn't been reading much on forums pre-purchase and we just needed a car fairly quickly - Tesla had stock and I've had an S for almost 7 years. I never gave it a second thought that the car wouldn't have parking sensors. The demo car also had electric windows and 4 wheels - I did expect our car would have the same features (!) and the demo car I test drove had parking sensors. The sales assistant didn't mention anything. As above I have an S with parking sensors so not like I'd assume Tesla were incapable of such advanced technology.
I live in quite a rural area and it's not a massive deal for us but the longer it goes on the more annoying it feels. If I was working in the city constantly squeezing into spaces it would be a proper miss and a genuine stand out feature I've liked on my S. It's bizarre and I feel weirdly embarrassed to have been caught out or misled. I'm surprised the brand damage has not been greater.
I wish you luck but don't invest too much time or energy would be my steer. They're selling too many and I fear Tesla leadership have made things clear about direction and how important customers are now. They'll fix on a future model and accept the damage. I've long been a huge Tesla advocate and have had some great interactions with Tesla staff and positive feedback from other people. I'm pretty relaxed about delivery of things like FSD or other more pioneering features, I'd never assumed they would work properly. The way the USS has been handled feels different to me as it's a basic feature on a car these days and in general other actions seem to align with what feels like a misleading way of doing business. A real shame.
cliff harris
Member
Depressing how all the 'disagrees' on this post are from people not even in the UK, no doubt searching the forums to disagree with any negativity. This is truly infuriating. We get it. In your sparsely-populated, zero-rainfall, brand new US city, you don't need parking sensors. Good for you. Stop being so flipping patronizing to people who live on roads built in the 1600s.
There are some people, who if tesla's next vehicle came without seats, would find some way to spin this as an excellent decision by Tesla.
There are some people, who if tesla's next vehicle came without seats, would find some way to spin this as an excellent decision by Tesla.
EV1980
Member
BobDolesGhost
Member
I find the commonality between them all is usually ownership of shares in Tesla.The one UK member who disagreed is also a hopeless Tesla fanboy, so the overall point still stands.
As someone who's disappointed with Tesla about it, but not as disappointed as some of the most vocal on here, I'm not sure why anyone would disagree with this action, the missing features will be more important / urgent to others depending on their use cases. If it even helps to nudge Tesla on to finally deliver what they promised / offer a different solution, then I'm all for it.
I went in eyes open, knowing that there wouldn't be sensors and knowing that "Tesla time" / "Elon time" is a thing, so can't help I'm afraid, but good luck to the OP.
I went in eyes open, knowing that there wouldn't be sensors and knowing that "Tesla time" / "Elon time" is a thing, so can't help I'm afraid, but good luck to the OP.
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