Introduction
The Motor Industry Code of Practice for Service and Repair (“the Code”) defines the promises
made by subscribing garages (“subscribers”) in the provision of service and repair work to
consumers. The Code sets out standards that subscribers will comply with regarding:
- Advertising
- The Booking Process
- Carrying out the Work
- Billing
- Staff
- Complaints Handling
- Dispute Resolution and Disciplinary Action
Subscribers are obliged to accept the Code in its entirety and ensure that their staff are aware
of their legal responsibilities as well as their responsibilities under this Code.
A consumer who feels dissatisfi ed with the service they receive under any item covered by this
Code is able to submit their grievance to the Consumer Advice Line and Conciliation Service.
A detailed procedure explaining how to do this appears in the Appendix as do the terms of
reference for dispute resolution and disciplinary action.
The principles set out in this Code are not intended to interpret, qualify or supplement the law,
and are not intended to be applied to non-consumer transactions.
This Code has been developed by the motor industry to provide a self regulatory regime by
which individual garages can demonstrate their intention to operate as responsible businesses
and have in place a cost effective and speedy dispute resolution service that consumers can
readily access in the event of a disagreement.
A consumer information leafl et to accompany the Code, the Brief Guide to the Motor Industry
Code of Practice for Service and Repair (“the Brief Guide”), is available from subscribers or
to download from www.motorindustrycodes.co.uk
The Brief Guide contains information on the Code, the Consumer Advice Line, Conciliation
and Arbitration, as well as a pre-contractual information check list and the Consumer Survey.
Throughout the Code
The term subscriber describes an individual garage that has subscribed to this Code.
The term vehicle is taken to include passenger cars, light and medium commercial vehicles
(where such vehicles are not used in the course of the consumer’s trade, business or profession)
and their derivatives.
The term consumer describes the owner of any vehicle and includes any vulnerable consumer;
for which subscribers will have in place satisfactory provision for attending to their needs.
The term vulnerable consumer describes any consumer whose circumstances put them at risk
of making an incorrect or inappropriate decision, or receive inferior goods or services.
The term new vehicle warranty is taken to include the manufacturers warranty and any
extension provided free with a new vehicle.
The term extended warranty is taken to include any warranty provided with a vehicle that
is not a new vehicle warranty or any warranty purchased after the new vehicle warranty has
expired.
The term warranty provider describes the administrator of the warranty.
The term guarantee describes the method(s) of ensuring quality of parts and work.
The term estimate is taken to mean an approximate cost to complete the work required.
The term quotation is taken to mean a statement of the cost for which the work will
be completed.
The term subcontracted work describes any work completed by additional people to those
employed by the subscriber.
The term diagnostic or exploratory work describes the work carried out in determining the
cause of a problem.
The term invoice means an invoice that lists separately with costs against each item, the work
carried out, parts used, labour, additional work agreed, environmental disposal charges
and VAT.
The term competent describes demonstrated proficiency in the required skills and abilities of
the job holder.
Advertising
‘Our communications will honestly promote our services’
What our promise means to you:
1.1 Our advertisements, promotions or any other publications, whether in writing
or otherwise, will not contain any items which are likely to mislead you or be
misunderstood.
1.2 Our advertisements (including comparative advertisements), promotions or
any other publications will comply with the requirements of the relevant
legislation along with the codes, regulations and rulings of the appropriate
organisations or associations.
1.3 Any price quoted should be inclusive of VAT where applicable (and consumers
informed where not), and cover any additional charges such as waste disposal
and environmental charging.
1.4 The words ‘guarantee’ or ‘warranty’ within any of our advertisements will not
be used unless the full terms of that guarantee or warranty are set out clearly
within the advertisement or are available before you commit to any work or
transaction. Furthermore, any warranty or guarantee offered will not diminish
your consumer rights (i.e. those the law gives you anyway), or appear to do so.
1.5 If a subscriber breaches any legislation, codes, regulations or rulings relating to
advertising they will be in breach of this Code.
We would advise you to...
Read our advertisements carefully and in full. If an advertisement is not clear
to you, request clarification before you commit yourself to any transaction.
Check that the specification and service requirements of the vehicle you are
having serviced or repaired match that being booked.
Check with the subscriber that you have their latest pricing structure.
For your information
Where applicable to the subscriber, we observe the requirements of all legislation and
regulatory requirements, including:
- Misrepresentation Act 1967
- Consumer Credit Act 1974 (as amended by the Consumer Credit Act 2006)
- Sale of Goods Act 1979
- Sale and Supply of Goods to Consumers Regulations 2002
- Business Protection from Misleading Marketing Regulations 2008
- Consumer Protection from Unfair Trading Regulations 2008
- Advertising Standards Authority (including the Committee of Advertising Practice’s ‘The British
Code of Advertising, Sales Promotion and Direct Marketing’ and ‘The Broadcast
Advertising Codes’)
- Ofcom Broadcasting Code (TV/Radio Advertising)
Handling Complaints
‘We will handle complaints swiftly, following this
agreed procedure’
What our promise means to you
6.1 We will take effective, immediate action in order to ensure that you receive a just
settlement of your complaint.
6.2 We will have in place an easily identifiable and accessible arrangement for the
reception and handling of complaints.
6.3 Our Customer Relations Representative, who is responsible for handling any
consumer complaints and is the designated contact for the Code Advisory
and Conciliation Service, will be easily identifi able within any customer
facing area of our premises.
6.4 We will co-operate fully with any local consumer adviser or any other intermediary
you choose to consult in an effort to resolve your complaint.
6.5 In the event that your complaint remains unresolved, we will advise you of your right
to refer your complaint to the Code Advisory and Conciliation Service.
6.6 The Code Advisory and Conciliation Service is responsible for the operation of the
impartial conciliation service. Each conciliation case will be assessed and
investigated from a Code, technical and legal perspective. The Code Conciliation
Service will advise both subscriber and consumer on a remedy as appropriate.
6.7 We will give every assistance to the Code Conciliation Service whilst it is
investigating a complaint, and in reaching a satisfactory conclusion.
6.8 If a satisfactory conclusion cannot be achieved through conciliation, an independent
low cost arbitration service is available via IDRS Ltd, an experienced dispute resolution
service operator. Details of the arbitration arrangements are set out in the Appendix.
6.9 We will ensure that you are aware of our adherence to the Code by the prominent
display of appropriate signage within our premises, including copies of the Code
which are available for consumers upon request.
6.10 We will prominently display copies of the Brief Guide within our premises and make
copies available for consumers.
6.11 We will maintain a record and analysis of all complaints relating to any of the
provisions of the Code.
6.12 The Code Administrator will analyse complaints regarding the Code or other matters
referred for conciliation or arbitration. The results of this analysis will be published
within the Motor Industry Codes Annual Review.
“In the unlikely event that you feel we have
failed on any of our promises, we refer you to
the Code Advisory and Conciliation Service.
Their role is to ensure that we are acting
responsibly and fulfi lling our obligations under
this Code. The following sections of this Code
detail how this function operates.”
Guidance on Handling Complaints
The information below set out the Code’s complaints
escalation procedure.
Initial Complaint
A consumer, or intermediary who has a complaint about a subscriber should, in the fi rst
instance, refer the matter verbally to the subscriber’s Customer Relations Representative.
Consumer Advice Line
The Consumer Advice Line will handle initial contacts into the Code Advisory and Conciliation
Service and will provide consumers with appropriate advice and assistance. If the vehicle is
still with the subscriber or the Consumer Advice Line considers that a complaint is one that may
be resolved quickly by the Fast Track, the Consumer Advice Line can contact the subscriber in
order to discuss the consumer’s complaint and negotiate a resolution.
If the complaint cannot be resolved via the Fast Track, or the case is not suitable for
referral to the Fast Track, the complaint can be referred to the Conciliation Service. Consumers
may be asked to provide further information by post or e-mail in order for the case to progress.
Conciliation
The Conciliation Service will investigate potential breaches of the Code and aim to quickly
review and resolve any dispute with as little disruption to the consumer as possible.
In certain complex cases it is not always possible to resolve a dispute quickly, as it can take
some time to gather all the information necessary to reach a decision and a satisfactory
outcome.
Consumers will be kept informed of the progress and outcome of their conciliation or
arbitration case and any consequential disciplinary action taken against the subscriber.
Arbitration
If a case remains unresolved or there is a difference of opinion that cannot be satisfactorily
addressed through conciliation, the case can be referred to independent arbitration.
Arbitration is provided by IDRS Ltd, an experienced dispute resolution service operator, and is
independent of the Code Advisory and Conciliation Service or subscribers.
The decision of the Arbitrator is legally binding upon both parties and concludes the
complaint. There are only limited circumstances where a case already considered under the
terms of the Arbitration Act can then proceed to court.
Arbitration outcomes will be assessed to determine whether any Code compliance issues
have been raised and if any amendments to the Code are required to address any
specifi c issues raised by the case. Details on the cost of arbitration is available from
www.motorindustrycodes.co.uk
Complaints Escalation Procedure
This diagram is intended to act as a visual aid to assist your understanding of the complaints
escalation process that will be followed for any complaints made to/or regarding a subscriber
under the Code.
Dispute Resolution and Disciplinary Action
Complaints, Consumer Advice, Conciliation and Arbitration
Any verbal complaints will be dealt with immediately by a subscriber’s Customer Relations
Representative. If the complaint is not dealt with immediately, the Customer Relations
Representative must respond to the complaint within 72 hours. A consumer who sends a
subscriber a letter of complaint will receive an initial reply from the subscriber within 10
working days of receipt.
Subscribers are obliged to give every assistance to the Code Advisory and Conciliation
Service and upon receipt of a complaint are required to ensure that they take effective and
immediate action to resolve the complaint.
If attempts to reach a satisfactory solution fail, or a verbal complaint remains unresolved within
72 hours, or if any written complaint to a subscriber remains unresolved after 15 working
days, the complaint should be referred to the Code Advisory and Conciliation Service.
In the first instance consumers should call the free phone Consumer Advice Line on
0800 692 0825
Or submit their enquiry or complaint via the Motor Industry Codes website
www.motorindustrycodes.co.uk
If the Consumer Advice Line advise that a complaint will be referred to conciliation the
consumer may be required to submit further information in writing via the website.
All enquiries referred to the Code Advisory and Conciliation Service within a reasonable time
of the cause for complaint arising will be considered.
If conciliation does not resolve the complaint to the satisfaction of the consumer, subscribers
will agree to independent arbitration if the consumer so wishes. The parties will be required
to sign an application for arbitration and pay the registration fee.
The Code Advisory and Conciliation Service will submit to the Arbitrator all documentary
evidence as required. The Arbitrator will advise the parties to submit any further evidence
which it considers necessary.
As the arbitration service is designed to be low cost to allow it to be accessible, any hearing
will normally rely on documents only. None of the parties to the dispute may be present or be
represented by another person, unless the Arbitrator decides to conduct an oral arbitration,
in which case parties may attend to present their evidence. Legal representation may only be
employed if the Arbitrator so directs.
The Arbitrator has the power to direct any party to provide any additional document or
information considered relevant.
The award of the Arbitrator will be published in writing to all parties involved in the dispute
and is enforceable in the Courts by any party.
Disciplinary Action
The Independent Compliance Assessment Panel (ICAP), is an independent panel which
monitors the operation of the Code and subscriber compliance. ICAP will also meet to review
cases of persistent or serious breaches of the Code by subscribers.
ICAP is independent of the sector. Its authority over subscribers refl ects the serious nature
with which non–compliance is viewed. It is the responsibility of the Code Administrator to
acknowledge when a subscriber has breached the Code in a manner that requires action
beyond conciliation or arbitration.
ICAP has the authority to instigate an independent investigation, with which the subscriber
is required to assist fully. Depending on the outcome of any investigation, the panel can
impose a varied selection of sanctions on a subscriber, ranging from education and continued
monitoring, through to written warnings and expulsion from the Code scheme.
It must be remembered that disciplinary action in this respect is different to any individual
case that may be accepted through the conciliation service. However a number of similar
conciliation cases regarding the same subscriber could instigate disciplinary action.
The outcome of any ICAP investigation will be published in the Motor Industry Codes Annual
Review, which will be supplied to the Offi ce of Fair Trading for monitoring purposes.
Individual consumers will be made aware of the outcome of disciplinary action, instigated as
a direct result of their complaint.
Data
For the purpose of monitoring and resolving complaints, and monitoring of compliance
with the Code as well as assessing consumer satisfaction, subscribers may pass consumers’
personal data to the Code Administrator and they may analyse that data and publish
findings based on it. Subscribers and the Code Administrator will process personal data in
accordance with the Data Protection Act 1998.
Further Information
Enquiries or complaints
Freephone Consumer Advice Line 0800 692 0825
Motor Industry Codes website www.motorindustrycodes.co.uk
Relevant web links
Advertising Standards Authority www.asa.org.uk
Automotive Technician Accreditation www.automotivetechnician.org.uk
Citizens Advice Bureau www.citizensadvice.org.uk
Consumer Direct www.consumerdirect.gov.uk
Defra www.defra.gov.uk
Department for Business Enterprise and
Regulatory Reform www.berr.gov.uk/consumers
Institute of the Motor Industry www.motor.org.uk
Ofcom www.ofcom.org.uk
Office of Fair Trading www.oft.gov.uk/codes
Retail Motor Industry Federation www.rmif.co.uk
Trading Standards www.tradingstandards.gov.uk
Legislation web links
Information on the legislation referred to in the Code can be found on the websites
listed below:
www.opsi.gov.uk
www.berr.gov.uk/consumers
www.oft.gov.uk
Legislation referred to within the Code
Misrepresentation Act 1967
Consumer Credit Act 1974 (as amended by the Consumer Credit Act 2006)
Sale of Goods Act 1979
Supply of Goods and Services Act 1982
Road Traffic Act 1988
Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs)
Motor Vehicle Block Exemption Regulation 1400/2002/EC
Sale and Supply of Goods to Consumer Regulations 2002
Business Protection from Misleading Marketing Regulations 2008
Consumer Protection from Unfair Trading Regulations 2008
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