‘Disgusted’ motorists from Nottinghamshire vow to sue Mercedes in ‘dieselgate’ emissions scandal

‘Disgusted’ motorists from Nottinghamshire have vowed to sue Mercedes over allegations some of the luxury German brand’s vehicles were installed with ‘defeat devices’ in the so-called ‘dieselgate’ scandal.

They are demanding answers and working with consumer rights law specialists to launch a claim against the automotive giant, saying they would not have bought their cars had they known of the accusations which later came to light.

Their case is expected to become a group action litigation, with tens of thousands of consumers working together to hold Mercedes account over accusations the carmaker installed “unlawful defeat devices” in hundreds of thousands of UK vehicles to pass emissions tests “while still being highly polluting on the road”.

However, officials from Mercedes said they disputed the “unfounded” accusations.

Mercedes will also defend itself “with the necessary legal means”, a spokeswoman for the firm added.

However, Dale Carter, who is 67 and among the group of local campaigners, said he expected “better customer relations”.

Having bought his brand new Mercedes C220 sport for just under £32,000 in June 2015, he said he made the purchase on the basis of Mercedes’ reputation as a “premium brand and from a reputable dealer which is exceptionally experienced in selling executive cars on the market place”.

But he said: “To be initially told your car could have potentially been used for cheating emissions it’s a bit bad, shall we say, in my opinion. You do not expect it from a reputable dealership and a reputable brand, you just expect a bit better customer relations.

“Especially when you are spending that kind of money.”

Mr Carter, who worked for Highways England as a traffic officer and lives in Selston, said he bought his Mercedes as a retirement present.

“If they [the allegations] are proven to be correct, myself I would be really disappointed,” he said.

“I would feel I have been, for want of a better word, cheated.

“If I had known that the emissions had been altered I probably would not have bought the car, well I know I would not have bought the car.”

Mr Carter said his vehicle was recalled for a software update.

His car went in earlier this year for the update at the dealership where he bought it from, he said.

Security operative Trevor Gray, 56, who lives in a suburb of Nottingham, explained he previously leased a brand new Mercedes C220 convertible from a dealership in Yorkshire.

Mr Gray told Nottinghamshire Live he made the decision back in 2017 to lease the vehicle for two years based on the quality of the car.

“It was certainly what I thought was a very good deal, a quality car with environmental credentials,” said Mr Gray. “That is why I purchased it.”

But he said he was “disgusted” when he read the German carmaker was alleged to have been involved in what he described as “such underhand and deceitful practices”.

Had he known of the accusations before he took out the lease, he said: “I would not have committed myself to that vehicle, or even to that manufacturer.

“I am not an environmentalist, I do not sit on the M25 in protest, but I do my bit to contribute to a better world if you like.”

The litigation comes in the wake of the “dieselgate” scandal in which first Volkswagen and then other manufacturers were found to have installed “defeat devices”.

European carmakers have paid out billions of Euros in fines and legal action by consumers who were alleged to have been affected.

A number of law firms have registered their intent to make claims against Mercedes.

The Nottinghamshire campaigners are working with law firm Slater and Gordon, a company representing around 14,000 claimants across the country.

Its team also act as joint lead solicitors in the Volkswagen dieselgate claim.

The claim is fully funded by Asertis, an independent litigation funder, allowing people to seek compensation from Mercedes without risking their own money.

Gareth Pope, the lawyer in charge of the claim at Slater and Gordon, said: “Our clients will allege that Mercedes knowingly installed unlawful defeat devices in hundreds of thousands of UK vehicles that allowed them to pass emissions tests designed to protect human health and the environment while still being highly polluting on the road.

“As a result, our clients will allege that they have been deceived into purchasing these polluting vehicles for more than they were worth.”

Following the emissions scandal Mercedes recalled vehicles in order to provide them with a software update.

In a survey of Slater and Gordon’s claimants, 25 percent who have had the update said they had experienced reliability issues since it was applied.

Lawyers estimate 600,000 Mercedes vehicles in the UK may have been affected, with a potential one million individuals able to make a claim. The value of each claim may reach £10,000, they said.

Diesel vehicles alleged to have been impacted were made between 2008 and 2018, and drivers can join the claim whether they purchased their affected vehicle new or second hand.

In July, the European Commission found that Daimler, Mercedes’ parent company, BMW and Volkswagen Group, which includes VW, Audi and Porsche, had breached antitrust rules by colluding to avoid further developments in lowering emissions.

However, a spokeswoman for Mercedes-Benz said: “We consider the claims made against our company to be unfounded and will defend ourselves with the necessary legal mean.”

She added: “As well known, Daimler cooperated extensively with the European Commission as a leniency applicant at an early stage, and was therefore not fined.

“The European Commission explicitly found no evidence that there was any agreement regarding the use of prohibited defeat devices.

“The Commission made no findings on whether the diesel passenger cars sold during the relevant period met the regulatory requirements.

“As we see it, the investigation is not related to lawsuits brought by customers in Europe in connection with diesel.”

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