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In July 2010, UKLPG introduced a Consumer Code covering the service standards which UKLPG Approved Autogas Installers are expected to operate to (click here for a copy).
Section 4 of this Code outlines the Dispute Conciliation Service and Arbitration Arrangements and is reproduced below.
Complaints
4.a In all cases, whether or not the conversion is by an UKLPG Approved Autogas Installer:
i. When a customer has concerns about the safety or performance of their conversion the problem should always be referred to the Installer verbally first of all in accordance with the installer’s complaint handling procedure.
ii. In the event of dissatisfaction, the customer should always put their complaint to the installer in writing (keeping a copy), outlining the complaint and specifying what action they require / basis of any claim. (If the installer has ceased trading the equipment supplier will usually be able to help rectify running problems. The make of the equipment installed will be required and details of equipment suppliers can be found on: http://www.drivelpg.co.uk/service_maintenance.phpService and Repair section).
iii. If satisfaction is not obtained from the installer, then:
· If it is a running problem with the vehicle, the equipment supplier (see above) should be contacted who may be able to assist or can advise of an alternative installer who may be able to resolve the problem.
· If the customer wishes to have a separate professional assessment of the safety of the conversion then most UKLPG Approved Autogas Installers can undertake an inspection to a common standard and give general advice regarding the installation. The original installer should be given the opportunity to attend this inspection. The cost will be born at the outset by the customer who should enquire as to what fee would be charged for this service.
· If satisfaction is not obtained following either or both the above, the matter should be reported to UKLPG by completing and returning a Vehicle Defect Report form ( click here for a copy) and enclosing a copy of the letter to the installer.
Dispute Conciliation Service
UKLPG operates this service for customers of both UKLPG Approved Autogas Installers and installers who have not been approved by UKLPG.
UKLPG approves installers in good faith to try and maintain good standards of workmanship and safety. Neither the Department for Transport nor UKLPG accepts any liability for any work undertaken by approved installers which shall at all times remain a liability of the installer . However where there is a problem with a conversion the UKLPG endeavours to facilitate a satisfactory solution for the customer.
4.b On receipt of a Vehicle Defect Report form (see above), UKLPG will investigate the complaint which may include writing to the installer and / or the equipment supplier (when known) to facilitate a resolution to the problem.
4.c If the installer is UKLPG Approved:
i. UKLPG will assist the customer and installer to reach a satisfactory solution to the complaint. Under the Terms and Conditions UKLPG has with its approved installers, if UKLPG receives more than two unresolved complaints about an approved installer within a three year period the approved status of the installer is usually removed.
ii. UKLPG will advise the customer of the Arbitration service available
4.d If the installer is not a UKLPG Approved Installer:
i. UKLPG will advise the installer, request that the complaint is resolved to the customer’s satisfaction and that failure to resolve the complaint could lead to the installer being precluded from becoming “UKLPG approved” in the future.
ii. If a satisfactory response is not achieved, the customer is advised to request the help of their local Trading Standards Office who will advise on their legal position and give practical advice. The Trading Standards office local to the installer (if different) may also be contacted and consider if further action is warranted and possibly would take forward action against the installer. The customer, after advice from the Trading Standards Office, may also wish to take forward a private prosecution in the courts.
iii. The local Trading Standards Office should be asked to contact UKLPG in the case of any difficulties.
Arbitration
If UKLPG is unable to facilitate a satisfactory solution then a complaint about a UKLPG Approved Autogas Installer can be referred to the arbitration service available via IDRS Ltd.
This is only applicable to current UKLPG Approved Autogas Installers.
This service is operated by the Chartered Institute of Arbitrators (see www.ciarb.org) and provides an experienced, independent, speedy and low cost dispute resolution service.
4.e A UKLPG Approved Autogas Installer undertakes to allow a complaint to go to arbitration if the customer so chooses and to accept the decision of the of the Arbitrator which is legally binding on both parties. There are only limited circumstances where a complaint already considered under the Arbitration Act can then proceed to Court.
4.f Details of the Cost Controlled Arbitration Rules issued by IDRS Ltd are available on www.drivelpg.co.uk (a printed copy can be obtained on application to UKLPG by post)
4.g Once a customer chooses to take advantage of the arbitration service UKLPG will provide the customer with a “Request for Arbitration” form to be completed and signed. UKLPG will then submit to IDRS all documentary evidence held.
4.h The Arbitrator appointed by IDRS will advise the parties to submit further evidence as it considers necessary. As the service is designed to be low cost to allow it to be accessible any hearing will normally rely on documentary evidence unless the Arbitrator agrees to conduct an oral arbitration. Legal representatives may only be present with the prior agreement of the Arbitrator
4.g The service is free to the customer. However a deposit of £500 + vat has to be lodged by the customer with UKLPG which will be held in escrow pending the arbitrators decision.
The award of the Arbitrator will include direction as to his costs and on these being awarded to the customer the £500 + vat deposit will be returned to the customer. In the event that the award goes to the installer then the deposit will pass to UKLPG.
The Arbitrator will also consider and recommend appropriate Disciplinary Action to be undertaken by UKLPG.
4.h 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.
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