Carlisle residents group together to sue Mercedes over ‘dieselgate scandal’
A number of Carlisle residents have banded together to sue Mercedes over their alleged role in the ‘dieselgate’ scandal.
The car company is claimed to have used devices to avoid complying with the law regarding diesel car emissions.
Affected diesel Mercedes vehicles were made between 2008 and 2018, and drivers can join the claim whether they purchased their affected vehicle new or second hand.
It is estimated that 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.
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Carlisle residents Thomas Boyd and Philip Park have joined together and are working with national consumer rights law firm Slater and Gordon to bring the claim. t is thought the claim will become a group action litigation, with tens of thousands of affected consumers working together against Mercedes.
Sister and Gordon currently represent around 14,000 claimants across the country and are also 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.
Following the emissions scandal, Mercedes recalled a number of vehicles in order to provide them with a software update known as a ‘fix’ to make the vehicles comply with emissions regulations.
In a survey of Slater and Gordon’s claimants, 25% of those who have had the ‘fix’ have reportedly experienced reliability issues.
A spokesman for Mercedes-Benz said: “We consider the claims made against our company to be unfounded and will defend ourselves with the necessary legal means.
“Note, that Mercedes-Benz is appealing against the administrative orders of the German Federal Motor Transport Authority (Kraftfahrt-Bundesamt, KBA). The courts will clarify the correct interpretation of relevant legal standards in this complex technical environment.
“In our view, the emission control functionalities objected to in the administrative orders by KBA are permissible. Nonetheless, Mercedes-Benz has implemented the recall measures ordered by the KBA and undertaking voluntary measures for other Diesel-powered vehicles in order to reduce on average NOx emissions in real driving. Our vehicles continue to have valid registration from the relevant authorities. The vehicles are not subject to any impairment in terms of use or functional capability. This also applies against the backdrop of the recalls that have been ordered by the KBA.
“Our track record in Germany demonstrates our strong legal position. We see essential points of our legal opinion confirmed by the numerous rulings in the German regional and higher regional courts. The decisions are almost unanimously in our favour (in about 95% of the cases). The German Higher Regional Courts alone have issued more than 800 rulings in our favour and only two against the company.
“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.”
Local residents can check if a vehicle they own or have owned in the past, was impacted by the scandal and if they are eligible to join the claim, here.
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