NHTSA Complaint #10692404 — 2004 VOLKSWAGEN PASSAT

I NOTICED THERE WAS A CONSIDERABLE AMOUNT OF WATER ON THE PASSENGER SIDE CARPETING. I CHECKED ALL DRAINAGE LOCATIONS FOR BLOCKAGE (I.E. PLENUM, SUNROOF). ALL WERE CLEAR. THE WATER FOUND IT'S WAY INTO THE VEHICLE BY WAY OF A FAULTY (DISINTEGRATED) SEAL BENEATH THE POLLEN FILTER HOUSING. THE CAR HAD 92,000 AND WAS OUT OF WARRANTY. HOWEVER, I FOUND THAT THERE WAS A SERVICE ACTION P9/66C8 APPLICABLE TO MY VEHICLE FOR WHICH I WAS TO BE NOTIFIED BY VW IN 2008. I AM THE ORIGINAL OWNER OF THE CAR AND RESIDE IT THE SAME ADDRESS SINCE 1978. THE VEHICLE WAS SOLD DIRECTLY TO ME BY A VW DEALER BRAND NEW IN OCTOBER 2004 AND REGISTERED TO ME AT MY HOME ADDRESS. I NEVER RECEIVED ANY NOTIFICATION. THE CORRECTIVE ACTION NOTED ON THE P9/66C8 INCLUDED DIRECTING THE DEALER TO "INSTALL AN IMPROVED SEAL FOR THE POLLEN FILTER". I CONTACTED VW CUSTOMER CARE AND THEY DID NOT ACKNOWLEDGE THAT THE SERVICE ACTION EXISTED AND CONSEQUENTLY THERE WAS NO REASON FOR THEM TO CONTACT ME IN 2008. THEY LIED AND I HAVE A DAMAGE VEHICLE THAT GETS FLOODED WHENEVER IT RAINS. I WAS COMPELLED TO MAKE THE IMMEDIATE REPAIRS AT MY OWN EXPENSE SINCE THE TRANSMISSION CONTROL MODULE (TCM) IS LOCATED BENEATH THE PASSENGER SIDE FRONT SEAT OF THIS CAR. SHOULD THE WATER GET INSIDE, IT COULD CAUSE DAMAGE TO THE TRANSMISSION FUNCTION. IF THIS WERE TO OCCUR WHILE DRIVING THE VEHICLE, A POTENTIAL FOR PERSONAL INJURY TO THE VEHICLE OCCUPANTS EXISTS ALONG WITH ANY DAMAGE TO THE VEHICLE ITSELF. VW HAS FAILED TO TAKE RESPONSIBILITY FOR A DEFECT KNOWN TO THEM. VW HAS INSTEAD CHOSEN NOT ONLY TO HOLD ME FINANCIALLY RESPONSIBLE FOR THE DEFECT OF THEIR PRODUCT BUT TO ALSO EXPOSE ME (AND OTHER VEHICLE OCCUPANTS OF THIS VEHICLE) TO POTENTIAL HAZARDS AS A RESULT OF THE FAILURE RISK ASSOCIATED WITH A FLOODED TCM. *TR