The diesel emissions scandal, known widely as "Dieselgate," has affected countless vehicle owners across the globe, including those in Scotland. The scandal, which came to light when it was discovered that several major car manufacturers had installed software in diesel vehicles to cheat emissions tests, has led to widespread legal action. If you are a vehicle owner in Scotland and believe your diesel car was affected, you may be entitled to make a diesel emissions claim. This article will guide you through the process of making a claim in Scotland, explaining your rights and the steps involved.

What is the Diesel Emissions Scandal?

The diesel emissions scandal began in 2015 when it was revealed that some car manufacturers, including Volkswagen, Audi, and several others, had installed "defeat devices" in their diesel engines. These devices allowed vehicles to pass emissions tests by reducing the output of nitrogen oxides (NOx) during testing, even though the vehicles emitted much higher levels during normal driving conditions. This deception misled consumers about the environmental impact and efficiency of their vehicles.

Who Can Make a Diesel Emissions Claim in Scotland?

If you live in Scotland and own or lease a diesel vehicle that was affected by the emissions scandal, you may be eligible to make a claim. Here’s who might have a valid claim:

1. Owners of Affected Vehicles: If you purchased or leased a diesel vehicle from a manufacturer involved in the scandal, you may have grounds for a claim. This applies to both new and used vehicles, provided they were equipped with the software that manipulated emissions results.
2. Current and Former Owners: You can make a claim even if you no longer own the vehicle, as long as you owned it during the period when the emissions manipulation took place.
3. Fleet Owners and Businesses: If you own a fleet of vehicles or purchased vehicles for business purposes, you may also be eligible to claim, depending on the number and type of vehicles affected.

Legal Basis for Diesel Emissions Claims in Scotland

In Scotland, diesel emissions claims are typically based on the following legal grounds:

1. Breach of Contract: If the vehicle you purchased did not meet the environmental and performance standards promised by the manufacturer, this could constitute a breach of contract. You entered into a contract under the belief that your vehicle met specific emissions standards, which turned out to be false.
2. Misrepresentation: Manufacturers who misled consumers about the emissions levels of their vehicles may be guilty of misrepresentation. This can include both fraudulent misrepresentation (where the manufacturer knowingly provided false information) and negligent misrepresentation (where they failed to ensure the accuracy of the information provided).
3. Consumer Protection Laws: Under Scottish consumer protection laws, you have the right to expect that the products you purchase are as described. The diesel emissions scandal represents a clear violation of these rights, as vehicles were sold under false pretenses.

How to Make a Diesel Emissions Claim in Scotland

If you believe you have a valid diesel emissions claim, here are the steps you should follow:

1. Determine If Your Vehicle Is Affected: The first step is to confirm whether your vehicle is one of those identified as having been fitted with a defeat device. This information can usually be found through manufacturer announcements, official recalls, or by consulting with a legal professional.
2. Gather Documentation: Collect all relevant documents related to your vehicle purchase or lease, including sales contracts, finance agreements, and any correspondence with the manufacturer or dealer. This evidence will be critical in supporting your claim.
3. Consult a Solicitor: Diesel emissions claims in Scotland can be complex, so it is advisable to consult a solicitor who specializes in this area. A solicitor can help you assess the strength of your claim, guide you through the legal process, and ensure that your case is presented effectively.