ASA Adjudication on Perrys Motor Sales Ltd

Perrys Motor Sales Ltd

Suite 1
500 Pavilion Drive
Northampton Business Park
Brackmills
Northampton
NN4 7YJ

Date:

22 July 2009

Media:

Television

Sector:

Motoring

Number of complaints:

1

Complaint Ref:

94125

Ad

A television ad for Perrys Motor Sales featured Jim Bowen in a car showroom. He stated “Did you know that if you are in receipt of a Motability Allowance or you care for someone who is, you could be entitled to a brand new car? Did you know Perrys are Motability specialists, so not only would you get a brand new car every three years, but it could be insured, taxed, serviced and maintained? Enabling you to get about more easily. So go on, contact those helpful people at Perry’s now, it could make your life easier and that really would be super, smashing, great!” The end frame showed the Perrys and Motability logos, and showroom locations.

Issue

One viewer objected that the ad was misleading because it implied that the benefits listed in the ad were exclusive to Perrys, whereas they were available to all those on the Motability scheme, regardless of the dealership used.

BCAP TV Code

Response

Perrys Motor Sales Ltd (Perrys) confirmed they were Motability specialists, but did not believe the ad implied Motability was exclusive to Perrys.  They said they met all current requirements set out by Motability to be specialists and ensured their staff were fully trained by Motability.

Clearcast endorsed the advertisers comments and said they did not believe the ad implied that the benefits listed in the ad were exclusive to Perrys or suggested that the same benefits were not available elsewhere.  They pointed out the ad stated "Perrys are Motability Specialists" and not "the" Motability Specialists and simply suggested this was a good dealership to visit.

Assessment

Not upheld

The ASA noted that the ad set out the general features offered by the Motability scheme, and that Perrys were "Motability specialists", but did not specifically outline or stress that the Motability scheme might be available from other dealerships.  We noted, however, that the first line of the ad addressed viewers "in receipt of a Motability Allowance or ... care for someone who is" and the features were therefore set out in that context.  We considered that most of those viewers were likely to be aware of the Motability scheme, and have some knowledge about how it was administered.  We considered those viewers would understand that the advertisers were explaining that they could offer the scheme, rather than implying it was unique to the Perrys dealership.

Because we did not consider that the ad implied the offer was exclusive to Perrys, and because we considered the target viewership would be familiar with the scheme, we concluded it was not misleading.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1.1 and 5.1.2 (Misleading advertising), but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)

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