Step-by-step
Check if your vehicle is affected
Determine if your vehicle was part of emissions recalls or is subject to Clean Air Zone charges contrary to what you were told.
Gather purchase documentation
Collect sales documents, marketing materials, and any claims made about emissions or charges when you bought.
Calculate your loss
Work out the financial impact: CAZ charges paid, reduced resale value, fix costs.
Contact the dealer
Write to the dealer who sold you the vehicle explaining the misrepresentation.
Send letter before claim
Send formal letter before claim with your calculated losses.
File your claim
File via Money Claim Online against the dealer (not manufacturer for small claims).
Understanding Diesel Emissions Claims
If you were sold a diesel vehicle with misrepresentations about its emissions, charges, or environmental classification, you may have a claim for the difference in value or costs incurred.
Common scenarios:
- Misrepresentation of emissions or vehicle classification
- Clean Air Zone charges you were told would not apply
- Vehicle affected by emissions scandal ("dieselgate")
- Environmental claims that turned out to be false
Types of claim:
- Against the dealer who sold you the car (misrepresentation)
- Against the manufacturer (product liability - usually group actions)
- Finance company if bought on credit
Evidence You Need
Essential evidence:
- Purchase documentation
- Marketing materials at time of sale
- Technical specifications claimed
- Evidence of actual emissions/charges
Helpful evidence:
- Financial agreements
- CAZ charge receipts
- Expert reports on emissions
- Recall notices from manufacturer
Tips:
- Screenshot any online claims made about the vehicle
- Keep records of all CAZ charges paid
- Note any representations made by the salesperson
What You Can Claim
Typical claim value: £1,000 - £10,000
You can claim:
- Difference in vehicle value (what you paid vs actual value)
- Clean Air Zone charges incurred
- Cost of emissions-related repairs or fixes
- Consequential losses (e.g., having to change vehicle)
Limitation:
Small claims limit is £10,000. Larger claims exist in group actions against manufacturers, but these are separate from individual dealer claims.
Clean Air Zone Claims
What is a CAZ?
Clean Air Zones charge polluting vehicles to enter certain cities. Charges vary but can be £8-12.50 per day.
When you can claim:
- You were told the vehicle would not incur charges
- You were told it met a certain emissions standard but it does not
- The classification changed after purchase due to manufacturer issues
Evidence needed:
- What you were told at purchase
- Actual vehicle classification
- CAZ charges paid
- Any attempts to get manufacturer fix
Frequently asked questions
Should I join a group action or claim individually?
Group actions against manufacturers can recover larger sums but take years and you lose control. Individual claims against dealers are faster, you control the process, but are limited to £10,000 in small claims. Consider both options.
Can I claim against the manufacturer in small claims?
Technically yes, but manufacturers have legal teams and may defend vigorously. Claims against the dealer who made representations to you are often more straightforward for small claims court.
What if I bought the car before CAZ zones existed?
If you were told the vehicle met certain emissions standards and it did not (due to defeat devices or misrepresentation), you may still claim. The test is what you were told and whether it was accurate.
How do I prove what I was told when buying?
Marketing materials, brochures, and advertisements from the time help. Also any written communications, the sales order mentioning emissions standards, and witness evidence of what the salesperson said.
Can I claim if my car was fixed under recall?
Even if the emissions issue was fixed under recall, you may still claim for: reduced resale value, charges paid before the fix, any negative effects of the fix (reduced performance, fuel economy), and the inconvenience.
This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.