Alternative Dispute Resolution Service

National Conciliation Service (ADR)

The vast majority of NTDA members’ customer transactions are handled expeditiously and satisfactorily. Most customer complaints relating to tyres can be rectified quickly and amicably at the time at the Tyre Centre. However, a small minority are more complicated. This problem may have been caused by a misunderstanding or breakdown in communication between the parties concerned.

The NTDA represents its members interests, so it can not take action on behalf of a customer against a member as this would be a conflict of interest. The NTDA uses the  National Conciliation Service therefore to primarily  help resolve those tyre related disputes between the customer and the NTDA members which cannot be quickly settled during the initial discussion between the two parties.

SUCH CASES ACCEPTED UNDER THE NATIONAL CONCILIATION SERVICE SHALL BE SUBJECT TO THE FOLLOWING RULES:

Object of the National Conciliation Service: The object of the service shall be the settlement of any tyre related dispute or difference referred to the Association by a member of the public or a member of the Association.

Application to the National Conciliation Service: All applications for the determination of any case shall be addressed to the NTDA.

Scope of the Service:

Any tyre related complaint or dispute must be settled within 9 months of the completion of the work. The service will be restricted to disputes affecting members of the Association.

National Conciliation Service Procedure:

The National Conciliation Service is a Chartered Trading Standards Institute approved, independent, automotive ADR provider that offers dispute resolution services to businesses and customers when disputes cannot be resolved through a business’ internal processes.

When a request is received from a customer or a member of the Association, for conciliation a questionnaire (to be completed) will be provided. The complaint will then be referred, if necessary, to an independent panel appointed by the National Conciliation Service, who shall endeavour to achieve a settlement based on the facts at their disposal and any examination of the tyre and related components as required. The report of the panel shall be issued to both parties and copied to the Association.

Any failure to achieve settlement as a result of the report of the panel can be referred for determination by an arbitrator appointed by the Independent Panel of Arbitrators through the National Conciliation Service, and assisted where necessary by any expert he may choose to have appointed. If requested by the customer, the member shall agree to go to arbitration.

Membership Failure:

Where a member has ceased trading and is unable to make any redress imposed upon him under the Conciliation Scheme, the NTDA will support the decision and take the necessary action.

Where to Complain:

This Service is NOT available to non NTDA Members, customers should check in our depot look-up section to identify the Centre concerned is a bone-fide member of the National Tyre Distributors Association.

ARBITRATION PROCEDURE

If it has not been possible to achieve conciliation, the remaining facility that the Association can offer both parties is that of independent arbitration. Arbitration, under the auspices of the Association, offers to both parties an inexpensive means of resolving their tyre related dispute.

If the complainant elects to take the dispute to arbitration, both parties are obliged to follow the procedures of the scheme and to be bound by the Arbitrator’s findings.

The complainant and the member will be required to sign the arbitration agreement. The arbitration proceedings will be governed by the Arbitration Acts of 1950/1979, in accordance with any amendments in force to these Acts at the time of signing the agreement, and the terms of the rules of the Independent Panel of Arbitrators.

A sole and independent Arbitrator will be appointed by the Independent Panel of Arbitrators through the National Conciliation Service. In all cases the Arbitrator may request the services of any tyre expert he may choose to have appointed.

Neither the complainant nor the member has the right to appear or to be represented at the hearing unless the Arbitrator so decides. The parties shall enter submissions in writing in the form of points of claim and points of defence, together with all supporting documents the parties think relevant.

After considering all relevant evidence, reports and documents, the arbitrator will make his award in writing to the Panel and copies will be provided to the Association and both parties. The Arbitrator’s award, including his directions regarding costs are legally binding and enforceable by law.

NTDA CUSTOMER CHARTER

The NTDA is the trade association for the tyre retail industry in the U.K. The Association was founded in 1930, has more than 200 members with circa 2000 depots in membership covering over 65% of the industry.

Members of the NTDA pledge the following to their customers:

  • FULLY ITEMISED BILLS
  • FULLY TRAINED PERSONNEL
  • SAFETY GUARANTEES
  • RETURN OF ALL REPLACED MOTOR PARTS
  • OTHER THAN EXCHANGE UNITS
  • ENVIRONMENTALLY SAFE DISPOSAL OF TYRES AND FAST FIT MOTOR COMPONENTS
  • COMMITMENT TO THE NTDA CODE OF PRACTICE
  • AN EFFECTIVE COMPLAINTS PROCEDURE
  • ADMINISTERED BY THE NTDA
  • ACCESS TO AN INDEPENDENT ARBITRATION FACILITY

All members of staff have access to the Code of Practice and are fully aware of the procedures should you have a complaint.

The NTDA and its staff are not responsible for disputes between members and their customers. Please be advised, therefore, that the NTDA operates a zero tolerance policy and any accusations, or forms of discrimination, harassment or abuse, including verbal abuse towards our staff will not be tolerated. Such irrational behaviour will result in the NTDA refusing to engage with a customer regarding their complaint.

Full details of the ADR Service is available on request from NTDA, Park Street, Aylesbury, Bucks., HP20 1DX, Tel: 01296 482128, Fax: 01296 488675 Email: info@ntda.co.uk