Dear Warwickshire County Council,

Warwickshire County Council v Halfords Autocentres Ltd [2018] EWHC 3007 (Admin) (09 November

On 20 February 2017, a Volkswagen Passat registration mark WN07 FSX was examined by an independent motor engineer who noted several faults on the vehicle and introduced others. The following day, under an assumed name, Mr McCabe booked the vehicle in for a full service at a garage at Stratford-upon-Avon owned and managed by Halfords. It was a "test purchase", designed to assess the quality of the service facility offered by Halfords. Mr McCabe collected the vehicle that evening, and paid £210 for the service. He was given an invoice which indicated that a full service had been performed. The next day, the vehicle was examined again by the independent examiner, and various faults were noted as being neither rectified nor reported.
On 19 October 2017, an information was laid by the Council that, on 21 February 2017:
"… Halfords…, being a trader, engaged in a commercial practice which was a misleading action in that the said company gave false information in relation to a service carried out to a Volkswagen Passat Registration Mark WN07 FSX in that an invoice given to Paul McCabe stated that a full service had been carried out, which was untruthful in relation to the main characteristics of the product, in that various faults in the said vehicle were not rectified or reported to the consumer, including the following… [There were then set out eleven faults.]
And that commercial practice caused or was likely to cause the average consumer to take a transactional decision he would not have taken otherwise
Contrary to Regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008" (italics added).
A summons in these terms was issued the following day. At the hearing before the Deputy District Judge, the information was amended to remove the italicised words, "… to the consumer…", from the charge.

On 3 November 2017, a solicitor employed by Halfords was interviewed under caution, and accepted that the service had been carried out by an apprentice, but his supervisor had not properly supervised him. By written admissions dated 16 January 2018, Halfords accepted that the service left eight defects in the vehicle neither repaired nor reported.

REQUEST
1.Provide the 11 faults not fixed or reported.
2.Provide 8 faults admitted by Halfords written admission.
3.How much costs were you awarded in the HC appeal.

Yours faithfully,

Edward Williams

Warwickshire County Council

1 Attachment

 
Information request
Our reference: 3894262

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[Edit as required]
 
Dear Mr Williams
 
Please see attached for acknowledgement of your recent information
request.
 
Yours Sincerely
 
Julie Seymour
Freedom of Information Team
Customers & Information Services
 
Communities Directorate 
PO Box 43
Warwick
CV34 4SX
Tel: 01926 412837

 

Warwickshire County Council

1 Attachment

 
Information request
Our reference: 3894262

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Dear Mr Wiliams
 
Please see attached for the response to your recent information request.
 
Yours Sincerely
Julie Seymour
Freedom of Information Team
Customers & Information Services
Customers & Information Services
Communities Directorate
PO Box 43
Warwick
CV34 4SX
Tel: 01926 412837

 

Dear Warwickshire County Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Warwickshire County Council's handling of my FOI request 'Halfords Court case'.

If the evidence is going to be released in open court how would release now cause prejudice?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/h...

Yours faithfully,

Edward Williams

Warwickshire County Council

 
Information request
Our reference: 3894262

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Dear Mr Wiliams,
 
Thank you for your request for a review received on 7 December 2018. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Freedom of Information Act 2000
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 8 January 2019.
 

 Kind regards

Jason Williams
Legal Assistant

Law and Governance - Legal Services
Shire Hall
Warwick
CV34 4RL

 

 
NOTE: Please do not edit the subject line when replying to this email.

Warwickshire County Council

1 Attachment

Dear Mr Williams
 
Please find attached the outcome of the internal review of your
information request (ref: 3894262).
 
Kind regards

Samantha Woolley
Solicitor
Corporate and Commercial Team
Warwickshire Legal Services

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