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If the claim fails who pays VW's costs?

I bought a diesel (not a VW) in 2013 - sold it in 2016 - and at that time diesels were such a Good Thing that it paid no VED. I hope, and perhaps someone can tell me, whether diesels sold while that was the rule will keep the benefit until they are scrapped - it would be grossly unfair to change the rules after the game has started.

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