Needing clarity regarding the extended Porsche warranty

[Carlton]

Hi, as some of you may recall I posted a number of threads regarding the PCM in my 991.2 in particular not being able to download the maps in the PCM. The story goes like this, the Dealership had the car for a couple of days and informed me that the car had the latest software and installed maps. Only to find the maps had not been updated (this happen on two separate occasions). I escalated this with Porsche UK back in March this year. I also went to another dealership and they were more competent and realised that the PCM needed to be unlocked to install the software. However, reviewing the Software version on the PCM and comparing the software version that Porsche UK informed me that I should have installed, it was still not right and I still did not have the most up to date software as informed by Porsche UK.

So back in June the car was back with the dealership so they could investigate further and the car has been with them since, waiting for an update from Porsche AG (the dealership kept informing me that they had trouble ordering the correct SD-card). Jump to present day, Porsche AG have stated that currently there is no known repair available. After some discussion about replacing the PCM, Porsche UK stated that "Given that Porsche AG have been unable to identify a confirmed fault within the PCM or provide any assurance that replacement of the unit would rectify the issue, I am unfortunately unable to authorise or cover the costs of this work in full."

The car is currently covered with Porsche extended Warranty, however Porsche are not willing to replace the PCM unit as they are not confident this will fix the software issue, and therefore I would be liable to cover all costs on parts and labour. Porsche UK have only offered as a 'gesture of good will' £400 as compensation which I think is an insult after the car has been with the dealership for over 3 months and they are still not able to fix the fault.

I have told Porsche UK that I am bitterly disappointed with their decision not to honour the warranty in good faith. Has anyone experienced similar, with Porsche Warranty not willing to cover costs despite the effected item is covered by the warranty?

 

[Scrounger]

If it’s only the maps that are posing the problem then I’d bin it off and use the likes of Waze or Google Maps on your phone connected to the PCM if that’s something that can be done on the 991.

Dan.

 

[Carlton]

My main issue is regarding the warranty, being that that Porsche will not honour replacing the PCM even though the PCM is covered by the warranty! Apparently they do not think the software fault is within the PCM.

If it’s not in the PCM where else can it be? My frustration is that they will not even try it to see it it works!

 

[laurenceshore]

I’m very sorry to hear all of this. I have no experience of a similar issue, but my understanding is that the Porsche extended warranty is actually an insurance policy rather than the sort of manufacturer’s warranty that comes with a new car. If that is correct you may now want to pursue a complaint to the underwriter (rather than to Porsche) that can ultimately be referred to the Financial Ombudsman Service.

 

[595triple]

The warranty is going to have some exclusions in terms of ability to make a repair. If this covers the PCM for this particular issue then there is not much you can do about that. However the fact that an OPC, Porsche UK or AG took on the work and pursued it should not mean you have to pay their costs associated with that. Unless the Warranty Insurance T&C's specifically state this (in which case you should have been made aware before the work commenced) then I don't see how legally they can ask you to pay for time spent on a warranty repair that they cannot honour.

In terms of not replacing the PCM because they cannot be confident it would fix the issue, that is another story. This questions the legitimacy of the PCM being of merchantable quality / fit for purpose. Consumer law concering this and your rights under it are different for the EU vs the UK. In the UK there is a lot more protection and suppliers have a duty of repair or replacement. There is also the fact that as Porsche (whoever) sold a warranty, presumabley based on an inspection, that without confirming the functionality of the PCM through due diligence, the warranty should not have been offered in the first place on that component.

I should point out that I am not a lawyer, but my business requires me to have an overview of these things so I know what my responsibilities are in the event something like this crops up as a supplier. One thing that really irritates me is when suppliers try and worm their way out of responsibilities.

What is almost certainly true here is that neither the OPC or Porsche UK will be familiar with their obligations under the law. Porsche AG likewise and that will be compounded by Porsche AG's view under EU law compared to how that differs the Porsche UK's responsibility under UK law. The responses you will have received will be based on the viewpoint of the individual in the conversation. Its a bit like going back to a store and asking for a refund for a faulty item and being asked for the receipt. Thats BS as a receipt is not required by law.

The fact you have already had a different experience via a different OPC should speak volumes. Don't assume that Porsche UK are any more qualified to give you a definative answer. Since Porsche UK took over my local OPC, the overall customer service element / experience has become pretty poor and the prices increased significantly.

My advice, particularly if you are looking at a significant, and in my view, unwarranted bill, is to get a lawyer (or even the CAB or Trading Standards) to provide a view on the situation and the terms of the warranty insurance. I would then organise a 'Without Prejudice' letter to the OPC / Porsche UK outlining the position and their obligations if they are shown to be wrong. In addition, if they have had your car for an extended time there is the cost to you of that. I would not be taking their position on the chin and paying a bill. If the PCM is not fit for purpose then they should be stumping up the £xK for a new one. End of story.

Hope you get some satisfaction.