Are dealers allowed to offer click-and-collect on cars during lockdown? Well....

[James Baggott 227]

... it's not quite as simple as you may think. Tried to find out the rules, but as with everything right now it's not black and white

 https://cardealermagazine.co.uk/publish/car-dealers-allowed-offer-click-collect-pick-cars-lockdown/191091

Let me know what you'll be doing. I'm interested to hear what you're planning, or doing, at the moment.

[Paul C 75]

I don't think the "its a legal obligation" washes. In the spirit of the regulations, there's something wrong with creating a legal obligation then fulfilling it to work around the intent of the regulation.

The other retailers who are offering "click and collect" are ones which are allowed to be open anyway; they are choosing to offer click and collect as an option amongst getting it delivered (time delay) and visiting the store (infection transmission risk/exposure to staff/H&S etc). It seems a reasonable prudent thing to do for a shop who's allowed to open. But car dealers (physical premises) aren't allowed to open. Yes, the service department is but the showroom isn't, its pretty clear in the guidelines which bits are and aren't.

Ironically (I'm not suggesting it though.....) there is a way round. There are shops which sell both essential and non-essential items - eg supermarkets are selling gardening stuff, trampolines, laptops, etc. This is naturally, winding the garden centres etc up!!! I have always taken the precaution of buying a pint of milk along with a trampoline, you're probably the same yourself (or maybe waiting a little while before I buy that shiny new trampoline). In theory if you put a couple of tins of baked beans on a shelf in a car showroom.......

[David Ayers 171]

This was the response I got from my Trading Standards when I asked to clarify if click and collect was allowed.

 

Please find attached current legislation regarding restrictions during the Coronavirus outbreak. 

 

As a business listed in Part 2 of Schedule 2 of the regulations then Regulation 4 (4) applies. 

 

If you were to suggest that you were not a business listed in Part 2 of Schedule 2 of the Regulations then not being a business listed in Part 3 of Schedule 2 Regulation 5 applies. 

 

Regulation 5 (1) (c) states that you should

Also If Regulation 5 were to apply then you could be construed as having an organised distance selling scheme as defined by The Consumer Contracts (Cancellation, Information and Additional Charges) Regulations 2013 be required to comply with these for this period. 
 

 

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

Requirement to close premises and businesses during the emergency

4.— (4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period. 

 (5) Paragraph (4) does not prevent the use of— 

 (a)premises used for the businesses or services listed in paragraphs 5, 6, 8, 9 or 10 of that Part to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast;

(b)any suitable premises used for the businesses or services listed in that Schedule to host blood donation sessions.

(6)If a business listed in Part 1 or 2 of Schedule 2 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A. 

 

5.— (1) A person responsible for carrying on a business, not listed in Part 3 of Schedule 2, of offering goods for sale or for hire in a shop, or providing library services must, during the emergency period — 

(a)cease to carry on that business or provide that service except by making deliveries or otherwise providing services in response to orders received—

(i)through a website, or otherwise by on-line communication,

(ii)by telephone, including orders by text message, or

(iii)by post;

(b)close any premises which are not required to carry out its business or provide its services as permitted by sub-paragraph (a);

(c)cease to admit any person to its premises who is not required to carry on its business or provide its service as permitted by sub-paragraph (a).

 

SCHEDULE 2 Businesses subject to restrictions or closure

 

PART 2

5.  Cinemas. 

6.  Theatres. 

7.  Nightclubs. 

8.  Bingo halls. 

9.  Concert halls. 

10.  Museums and galleries. 

11.  Casinos. 

12.  Betting shops. 

13.  Spas. 

14.  Nail, beauty, hair salons and barbers. 

15.  Massage parlours. 

16.  Tattoo and piercing parlours. 

17. Skating rinks. 

18.  Indoor fitness studios, gyms, swimming pools, bowling alleys, amusement arcades or soft play areas or other indoor leisure centres or facilities. 

19.  Funfairs (whether outdoors or indoors). 

20.  Playgrounds, sports courts and outdoor gyms. 

21.  Outdoor markets (except for stalls selling food). 

22.  Car showrooms. 

23.  Auction Houses. 

 

PART 3

24.  Food retailers, including food markets, supermarkets, convenience stores and corner shops. 

25.  Off licenses and licensed shops selling alcohol (including breweries). 

26.  Pharmacies (including non-dispensing pharmacies) and chemists. 

27.  Newsagents. 

28.  Homeware, building supplies and hardware stores. 

29.  Petrol stations. 

30.  Car repair and MOT services. 

31.  Bicycle shops. 

32.  Taxi or vehicle hire businesses. 

33. Banks, building societies, credit unions, short term loan providers and cash points. 

34.  Post offices. 

35.  Funeral directors. 

36. Laundrettes and dry cleaners. 

37.  Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health. 

38.  Veterinary surgeons and pet shops. 

39.  Agricultural supplies shop. 

40.  Storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this Part. 

41. Car parks. 

42.  Public toilets.

 

 

 

 

Edited April 28, 2020 by David Ayers

[New year revolutions...... 197]

As I see it any dealer offering a click and collect at their premises will be looking at a minefield in the future under

"""did you or your family get the covid 19 whilst employed?""""

We are offering a no win no fee

It will be the new white finger or ppi or even the new pcp

You read it here first

Wait till the government and the man from del monte say  yes

ask mr nadir

[James Baggott 227]

For those that do decide the risk is worth it, I've just pulled together this guide on how it could be done following the government guidelines for retail

https://cardealermagazine.co.uk/publish/dealers-need-consider-theyre-planning-click-collect-sales/191116

[metcars 397]

1 hour ago, New year revolutions...... said:

As I see it any dealer offering a click and collect at their premises will be looking at a minefield in the future under

"""did you or your family get the covid 19 whilst employed?""""

We are offering a no win no fee

It will be the new white finger or ppi or even the new pcp

You read it here first

Wait till the government and the man from del monte say  yes

ask mr nadir

Which probably explains why the government will never actually say “it’s safe, return to work”. Instead they’ll let people ‘bleed’ back naturally under financial pressure. Thereby absolving themselves of blame. “We said it wasn’t safe, we said don’t risk it”

[have a word with the wife 299]

https://cardealermagazine.co.uk/forum/topic/8742-breaking-breaking-click-n-collect/

 

Edited April 28, 2020 by have a word with the wife