Darren Williamson

Telephone: 07962 06121

Email: info@wirralchauffeurs.co.uk

Web: https://www.killeraudi.com/

Agreement Number: 0000440136064801

Vehicle Description: A8 SAL L 50TDI QTR TIP

Vehicle Registration: DK19ZYW

 

 

 

4 September 2025

 

Mr Douglas Reid

AMIMI, MIDiagE, MIAATI

Elite Inspections/Elite Forensic Services

By email only to dreid@eliteinspections.co.uk

 

 

            

Our Ref     DMWExpert2

 

 

Dear Mr Reid 

 

Volkswagen Financial Services (UK) Limited v Darren Mark Williamson 

Vehicle: Audi A8 SAL 50TDI QTR with registration number DK19 ZYW (“the Vehicle”)

 Claim No. K36BI014

 

We refer to the above matter. 

 

The County Court at Birkenhead has ordered within the above claim by order dated 27 August 2025 that you be appointed as a single joint expert. 

 

This letter comprises Volkswagen Financial Services (UK) Limited’s (“VWFS”) and Mr Darren Mark Williamson’s (“Mr Williamson”) joint letter of instruction to you. 

 

Relevant parties to this instruction 

 

1.Lester Aldridge LLP, Russell House, Oxford Road, Bournemouth, BH8 8EX who act on behalf of VWFS. Danielle Montezuma of Lester Aldridge LLP can be contacted on 01202 786243 and at Danielle.Montezuma@LA-Law.com. 

 

2.Mr Darren Mark Williamson acting in person can be contacted on 07962 061201 and at info@wirralchauffeurs.co.uk.

 

Expert Duties 

 

The aim of this letter is to provide you with the factual background to the dispute, the key documents and to identify the issues you will need to consider.

 

As an expert witness you will be aware of the need for you to comply with certain duties and ensure that certain procedures are followed. These are set out in the following documents and are enclosed with this letter:

 

•          Rule 35 of the Civil Procedure Rules, in particular CPR 35.7 and CPR 35.8

 

•          Practice Direction to Part 35, in particular CPR PD 35, para 7

 

•          the Civil Justice Council's Guidance for the instruction of experts in civil claims (‘the Guidance’) 

 

Your primary function is to assist the Court and, in this capacity, you must provide your unbiased opinion as an independent witness in relation to those matters which are within your expertise. 

 

You must ensure that, as the expert, you exercise reasonable skill and care in carrying out your instructions and comply with any relevant professional code of practice. You must also be aware that:

 

•          your evidence should be your own independent product uninfluenced by the pressures of litigation

 

•          you should consider any material facts which could diminish your considered opinion, and seek to address those facts in your report. You should also make it clear if a particular question or issue falls outside your area of expertise

 

•          if you are not able to reach a definite opinion, because, for example, you consider that insufficient data is available, you must clearly state this in your report. You should also provide an indication that your opinion is only provisional in this respect. Similarly, you should make it clear if a question or issue falls outside your area of expertise

 

•          you should remember that all questions of law and fact are ultimately for the judge to decide. You should therefore avoid assuming the role of advocate or drawing any final legal or factual conclusions from the facts which are relevant to your area of expertise. The court is seeking the benefit of your objective expert opinion derived from your specialist knowledge

 

•          you should be aware that any failure by you to comply with the CPR provisions and/or court orders as well as any excessive delay for which you are responsible may result in the parties who instructed you being penalised in costs or in extreme cases being debarred from placing your evidence before the court 

 

If, after producing a report, you change your view on any material matter then you must ensure that such change of view is communicated to my firm immediately so that we may advise all the parties without delay and, if appropriate, the court.

 

Right to ask the court for guidance

 

If you require clarification with regard to any aspect of the instructions, you should liaise with    my firm in the first instance. However, you have the right to make a written request to the court for guidance to help you carry out your role as expert witness. CPR 35.14 and paras 28–29 of the Guidance provide details about applying to court for such guidance.

 

In communications with the court, you should take care at all times to guard against accidentally informing the court about communications or matters between the parties that are without prejudice or otherwise privileged.

 

Conflicts of interest

 

If you become aware that you may have any potential conflict of interest or you recall a previous involvement in the facts of the case which may lead to any suggestion of partiality or bias, please contact us immediately. Once you have accepted these instructions, you should not take any fresh instructions which may create a conflict or any suggestion of partiality or bias.

 

Contents of your report

 

Your report must contain the mandatory information and details set out in Part 35 of the CPR, the practice direction to Part 35 (paragraph 3) and the Guidance. Note in particular:

 

•          you are required to address your report to the court

•          your report must contain a statement that you understand and have complied with your duty to the court

•          your report must be verified by a statement of truth in a prescribed form which is mandatory and cannot be modified in the following terms:

 

‘I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.

 

I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’ 

 

If your report does not comply with CPR Part 35, at trial, the court may refuse to give weight to your evidence, penalise the parties in costs or debar them from relying on your evidence. If you have any questions or concerns about these requirements then please contact us, without delay.

 

Payment

 

Whilst this is a joint instruction by VWFS and Mr Williamson, your fee for providing an Expert Report will be borne by the parties equally. 

 

You have indicated that your estimated fee of providing an Expert Report in this matter would be in the region of £2,500 plus VAT. If this estimate has changed please let us know the revised estimate of costs prior to commencing your report. 

 

 

Dear Mr Reid

 

1. Appointment

 

You are instructed as an independent expert to examine the above Vehicle and provide a report in accordance with Part 35 of the Civil Procedure Rules (CPR) and the associated Practice Direction. Your overriding duty is to the Court, and this duty overrides any obligation to the party instructing you.

 

2. Background

 

Mr Williamson entered into a hire purchase agreement numbered 0000440136064801 with VWFS on or around 27 February 2019 (“the Agreement”) pursuant to which VWFS agreed to hire to Mr Williamson. The full details of the Agreement can be seen from the enclosed documents. 

The Vehicle has been the subject of numerous faults, including (but not limited to) central locking system failures, air-conditioning failures, and a rear-wheel steering defect, which have resulted in repairs exceeding £15,000 and prolonged periods where the Vehicle was off the road.

 

The Defendant’s case is that the Vehicle (purchased in good faith for professional

chauffeuring purposes) was neither of satisfactory quality nor fit for purpose within the meaning of the Consumer Rights Act 2015 (CRA 2015) at the time of delivery.

 

3. Materials Provided

 

Attached with this letter are the following:

1. Warranty Repair invoices,

2. Central locking issues. Including links to Video and photographic evidence of the locking system failures. 

3. Air conditioning issues (including timeline) and photograph of Vehicle stripped down

4. Rear wheel steering description 

5. Timeline of reported defects. Website link

6. Witness statement of the Defendant.

7. A link to the website containing multiple videos, photographs, audio recordings, emails between parties including Financial ombudsman, Motoring ombudsman, Audi Cheshire Oakes (the dealership,) VCDS printout showing multiple error codes, descriptions and timelines of events and repairs. All evidence will be available to view on this website: https://www.killeraudi.com

8. New Vehicle price

 

 

 

 

 

 

 

4. Questions to the Expert under CPR Part 35

Pursuant to CPR Part 35 and Practice Direction 35, the Defendant requests the expert to answer the following questions arising from their report and the issues in this case:

General CRA 2015 Issues

1. On the balance of probabilities, was the Vehicle at the point of delivery of satisfactory quality, as defined under section 9 of the Consumer Rights Act 2015?

 

1. Fit the purpose. In your professional opinion, was the Vehicle fit for the Defendant’s known purpose of professional chauffeur use, as required under section 10 of the Consumer Rights Act 2015? In answering, please take into account the repair history, reliability issues, and the nature and frequency of the reported faults (including the catastrophic rear-wheel steering failure).

 

Faults, Repairs and Durability

 

1. Were the reported faults (central locking, air-conditioning) likely to have been present, developing, or inherent at delivery, rather than arising from wear and tear or poor maintenance?

 

1. Does the record of repairs and downtime (exceeding £15,000 in costs) indicate an inherent defect inconsistent with satisfactory quality?

 

 

1. Is the level of reliability and durability consistent with what a reasonable consumer would expect of a premium vehicle of this description, age, mileage, and price?

 

Air Conditioning and Refrigerant

 

1. Please confirm the type of refrigerant gas used in the air conditioning system of the 2019 Audi A8L subject to this dispute.

 

1. In your professional opinion, could prolonged exposure to refrigerant gases such as R-1234yf within a confined vehicle cabin over a period of 12 months present potential health risks to the occupants? In answering, please address both the refrigerant itself and any potential byproducts that may be generated (including but not limited to hydrogen fluoride or carbonyl compounds).

 

1. Based on the documents disclosed, do you consider that the air conditioning faults and associated refrigerant leaks were more likely than not to have been present from the point of sale, or did they arise later in the vehicle’s lifecycle?

 

1. Do you consider that repeated failures of the air conditioning system within the first year of ownership are consistent with a manufacturing or design defect, as opposed to normal wear and tear?

 

Rear-Wheel Steering Safety

 

1. In your professional opinion, would a sudden failure of the rear-wheel steering system at approximately 40 miles per hour constitute a serious safety incident? Please explain the likely effect of such a failure on the vehicle’s handling, stability and risk to occupants or other road users.

 

1. Please explain what the likely outcomes would be if the rear-wheel steering system were to fail suddenly at motorway speeds. In your opinion, how would such a failure affect the vehicle’s stability, handling, and overall safety, and what risks would this pose to the driver, passengers and other road users?

 

Diagnostics

 

• Please confirm what diagnostic equipment was used during your inspection of the vehicle. Bearing in mind that the Vehicle battery was no longer functional at the time, what external power source was used to enable diagnostic checks? 

• In addition, please provide copies of any diagnostic printouts and/or fault codes recorded during the inspection.

 

Evidence Review

 

• Please confirm that you have fully reviewed the Defendant’s website https://www.killeraudi.com in its entirety. This includes all sections containing video, audio, photographs, emails, documents, and receipts. In your report, please explicitly list the sections and categories of evidence you have reviewed, and confirm that you have considered them in forming your opinion.

 

 

5. Practical Arrangements

 

Your report should be provided by no later than 15 October 2025. 

 

 

6. Expert’s Report

 

Your report must:

Be addressed to the Court.

Please provide details of your competence to assess this highly complex Vehicle, including your qualifications, experience with modern Audi Vehicles, and confirmation that you have access to the appropriate diagnostic tools.

Contain your independent opinion with reasons.

Answer each of the specific questions above.

Include any photographs or diagnostic evidence obtained during inspection.

Contain a statement of truth in the required form.

 

7. Statement of Truth (required wording)

 

At the end of your report, please include the following declaration:

 

“I understand that my duty is to the Court and that this duty overrides any obligation to the party instructing me or by whom I am paid. I confirm that I have complied with and will continue to comply with my duty. I confirm that insofar as the facts stated in my report are within my own knowledge I have made clear which they are, and I believe them to be true, and the opinions I have expressed represent my true and complete professional opinion.”

 

Conclusion

 

We would be grateful if you could acknowledge the safe receipt of this letter and provide us with potential dates for the inspection and when you anticipate that you will be able to provide your completed report.

 

Please do not hesitate to contact us if there are any problems with the instructions or if any further information is required.

 

Yours faithfully

 

Darren Williamson (defendant)