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      12-14-2011, 06:21 PM   #449

Drives: 335i M Sport Conv
Join Date: Dec 2011
Location: London

iTrader: (0)

Originally Posted by oldnickers View Post
A couple of comments that may prove useful:

1 The court environment is not at all intimidating. I sued a courier some years ago in Birmingham and they attended the hearing with their lawyer; I was on my own, deliberately. My case was supported by an expert's statement (it concerned an antique). I felt a distinct empathy towards me from the judge - a sense of "you are the honest one here, and the big company bullies are on the other side"...but you do need to ensure you have evidence to support your assertions. The judge asked me to think very hard about whether there had been any other costs associated with the whole process (he hinted at travel costs to court when I looked puzzled) and then found in my favour. The bullies on the other side left with their tails firmly between their legs. Dress appropriately for court, not too flash, not to scruffy.

2 I've been watching your thread for a while and I think the Mira report - even if it's still in draft form - is highly relevant. A preliminary report from an expert is worth more than - forgive me everyone - a bunch of car enthusiasts who may be perceived as wanting new wheels. If you haven't had a (contradictory) final report then I would focus my explanation to the judge on (a) your history of similar problems with other vehicles [presumably none]; (b) the care you take of your car; (c) the corroboration of that care [absence of damage] by Mira; (d) the fact that wheels offered as an optional extra should be capable of meeting the requirements of the markets for which they are addressed [after all, suspension tuning is often different for the UK market]; (e) you know from research on the internet that others have had what appear to be similar problems to you though you haven't had the resources to determine whether they are exactly the same [a bit of hearsay is fine but don't overdo it]; (f) your belief is that BMW is very concerned about this issue and the potential costs associated with a safety recall...indeed the reluctance of them to take responsibility for their product has only served to deepen your resolve in seeing a fair outcome.

Finally, I nearly didn't post BMW will be watching it. They know they have a problem. They know they will need to resolve it. And as someone who has had 6 BMWs, I'm watching their response to this with great interest.

Good luck, Nick