The shop told me they wouldn’t take responsibility for the broken zip – because the runners were more than six months old.
Since I wasn’t wearing the runners often and was busy with work, it took me a couple of months to bring the runners back to the shop.
When I did return with them recently, the shop told me they wouldn’t take responsibility for the broken zip – because the runners were more than six months old.
When I initially bought the runners, no one explained they were only guaranteed against fault for six months.
I believe the shop should be liable for a faulty product, especially when the runners were so expensive. Am I right?
Joe, Dublin
?A Joe, your query highlights the importance of reporting any faults with a product to the business as soon as possible. The sooner you bring it to their attention, the stronger your consumer rights.
In Ireland, you can seek a remedy for faulty goods for up to six years from the date you received the goods, and it is the trader’s responsibility to resolve the problem.
If a fault arises in the first 30 days after you receive the goods, you can cancel your contract and return the item to the seller for a full refund.
If it’s been more than 30 days but less than a year, consumer law presumes the fault existed from the date you received the item, so it’s up to the business to prove the item was not faulty at the time.
As you purchased the runners more than a year ago, you’d need to prove that the fault already existed when you bought them.
I can understand your frustration around this as it took longer than usual for the fault to become apparent because you don’t wear the runners often.
However, even if the runners are “more than six months old”, that doesn’t affect your statutory consumer rights. While you’ll need to prove the faulty zip was not a result of normal wear and tear, or your own misuse, you can still return the runners for up to six years after purchase.
It’s worth going back to the seller. Ask to speak to the manager or write a formal complaint that outlines your consumer rights when it comes to faulty goods. You’ll need to provide any information or proof that shows that the fault was not the result of normal wear and tear or misuse.
Failing that, you could seek a full refund through the small claims court. It costs you €25 to file a claim –and the court can deal with claims worth up to €2,000.
?‘I was charged clamping fee of €125 – but I’d paid the car park fee on an app’
Q Two years ago, I drove into a local underground car park and paid the parking fee using a well-known operator’s app – as I’d done many times before.
But when I returned to my car, I discovered it had been clamped, with a notice to pay €125 for the clamp to be removed.
Obviously I had to pay, and when the clamping officer arrived at my car, I showed him that I’d paid the parking fee.
I paid for my parking in good faith. Photo: Getty
He said another operator had taken over that car park and that the new operator’s name was now on the wall.
I appealed their action on the basis that I’d paid for my parking in good faith, that the previous operator’s app had allowed me to do so, and that the new notices could simply have meant a change in the operator’s name. But my appeal was rejected.
This seems grossly unfair to me, especially given this car park still appears on the previous operator’s app. Is there anything else I can do?
Frank, Co Kildare
?A In cases like this, the first step is to appeal a clamping by contacting the parking controller. You followed this step, though I know you were disappointed with the outcome.
The next step is submitting a further appeal to the Clamping Appeals Officer through the National Transport Authority (NTA), including as much information as possible, such as proof of payment to the previous operator’s app.
There are time limits to this appeals process. The first appeal, which you’ve already carried out, must be made no later than 60 days after the car was clamped. The parking controller is then required to confirm the outcome of an appeal in writing within 21 days of receiving that first-stage appeal.
When a motorist is unhappy with the outcome, they must submit a second-stage appeal to the NTA within 30 days of receipt of the first-stage letter of determination from the parking controller.
You mention that your car was clamped two years ago and the reason for your delay is unclear.
Unfortunately, you’re now outside the time limit for the NTA second-stage appeals process. However, this doesn’t affect your statutory rights, and you’re still entitled to use the small claims procedure to settle the dispute.
?Gráinne Griffin is director of communications at the Competition and Consumer Protection Commission. Email your questions to gabrielle.monaghan@independent.ie
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