yes, imagine. People are paying for FSD, because FSD is marketed in UK. and then never get it delivered to their cars.No FSD is UK ?!
Good.
that is all the post about it
You can install our site as a web app on your iOS device by utilizing the Add to Home Screen feature in Safari. Please see this thread for more details on this.
Note: This feature may not be available in some browsers.
yes, imagine. People are paying for FSD, because FSD is marketed in UK. and then never get it delivered to their cars.No FSD is UK ?!
Good.
Nor is it an option now in the UK. But let's not let that stop any apologists wandering in and giving their two penneth as they say.I bought something from a company, they didn't deliver it and I took them to court.
Glad I live in a first world democracy with strong laws to protect consumers.
Didn't consider subscribing to it because this wasn't an option in 2019.
Thanks for your input in the thread!
Agreed, and let's not feed the troll!Nor is it an option now in the UK. But let's not let that stop any apologists wandering in and giving their two penneth as they say.
You could have subscribe for one month before buying it.
well, FSD is still an available to purchase in UK... not to use thoughNor is it an option now in the UK. But let's not let that stop any apologists wandering in and giving their two penneth as they say.
"The activation and use of these features are dependent on achieving reliability far in excess of human drivers as demonstrated by billions of miles of experience, as well as regulatory approval, which may take longer in some jurisdictions. As these self-driving features evolve, your car will be continuously upgraded through over-the-air software updates."
10.2 However, under such contracts, a consumer's legal rights and remedies are against the finance company and not the car dealer. The dealer's obligations are to the finance company and will be detailed in the agreement between the two businesses.
In some circumstances, the finance provider is liable for what is said by a credit broker or a supplier before you take out certain types of finance agreements.
Speaking with the finance company on this matter, they confirmed they would not be liable for this issue as their liability begins from the point of sale in relation to any issues with the vehicle that were present at the time.
As there were no actual faults with the vehicle, and the issue is in relation to an "optional extra", they do not believe they are liable. They also stated delivery of the optional extra FSD was covered by the disclaimer on the Tesla website at the time:
You're being so helpful that I'm expecting some goons to turn up at your doorstep any day now...I've seen some updated documents from Taylor Wessing, so their litigation strategy is becoming clearer.
One of the things they're trying to tie people up in is Requests for Further Information under Part 18 of the CPR. In the documentation I've seen, they're asking for information voluntarily and say if they don't get it they'll make an application to the court. This is probably all quite worrying if you're not familiar with these processes.
If I was in the action, I would simply fight fire with fire. I don't think Part 18 requests are appropriate, but if they make one then I would make one back. The information I would be seeking would be related to their defence. I would specifically open up this quotation which they're using in their defence:
"The activation and use of these features are dependent on achieving reliability far in excess of human drivers as demonstrated by billions of miles of experience, as well as regulatory approval, which may take longer in some jurisdictions."
What questions would be helpful? Quite a few:
- When did Tesla have the capability to deliver the features promised (city driving, stop signs, traffic lights) regardless of regulatory approval
- What was Tesla's knowledge of the regulatory framework in the UK at the time of order and whether the FSD features (city driving, stop signs, traffic lights) would be permissible within that framework
- What did they mean by "reliability"
- What did they mean by "far in excess"
- How many miles of experience had Tesla logged at the time of the order, 31/12/2019 and each anniversary of that date
- What is the level of reliability demonstrated in 2019, 2020, 2021, 2022 and 2023 calendar years
I think these are all reasonable requests for information. However, I would not expect Tesla to want to answer them. So if Tesla make a Part 18 request, you have one that you're making at the same time - if Tesla apply to the court for this, you apply to. Most likely both would be in the same hearing, and it's tough to see why the judge wouldn't order Tesla to disclose this information.
The activation and use of these features are dependent on achieving reliability far in excess of human drivers as demonstrated by billions of miles of experience, as well as regulatory approval, which may take longer in some jurisdictions. As these self-driving features evolve, your car will be continuously upgraded through over-the-air software updates.
It's also perhaps noteworthy that this disclaimer does not need any positive interaction to agree or disagree with, it's just there and as you said based on your browser size, eyesight, etc one might not have even seen it.So just expanding on this a bit... if I was preparing for a hearing I would:
Draft arguments:
1. The disclaimer is an unfair term for reasons I set out above.
2. If the disclaimer wasn't an unfair term, it is contradictory with the description. e.g. It's under Tesla's control how much "driving experience" the system gets, and it's also under their control how reliable the system is. So as a consumer, you would assume they've taken these things into consideration when saying the feature will be delivered by end of 2020.
3. Clearly it's not legislation that has prevented delivery of the traffic light/stop sign & city street driving features by end of 2020 because:
a) The traffic light/stop sign feature was late
b) They didn't delivery city street in any jurisdiction until X date (need to check)
Then in the witness statement, presuming you don't remember the disclaimer:
1) You don't remember the disclaimer
2) The order process can be completed without seeing the disclaimer, e.g. you have to specifically scroll down to view it (attach a screenshot to demonstrate this as an annexe to witness statement)
3) Evidence to confirm (3) above, e.g. a news articles on when FSD was first delivered
My feeling is that's more than enough to bat away the disclaimer.
Got an email reply yesterday evening from Tesla, the deadline I gave them on the LBA was today.
<snip>
Needless to say - I disagree with what they've said. Presumably I simply need to forward my full Particulars of Claim to them after filing an online claim?