A Caerphilly motor trader has been taken to court and made to pay more than £2,300 for selling an unsafe vehicle to an unsuspecting customer.
Gareth Rhys Collins, of St Martin’s Car Sales, Nantgarw Road, Caerphilly, was taken to court by Caerphilly County Borough Council’s Trading Standards after a complaint from a buyer.
The person had bought a second-hand Ford Fiesta from St Martin’s Car Sales for £895 in August 2011, but the car broke down within a fortnght and was allegedly in a dangerous and unroadworthy condition.
Trading Standards investigated the complaint and had the vehicle examined by an independent Consultant Engineer – Collins was advised that the vehicle was being examined but declined to observe the examination.
The Consultant Engineer concluded that the vehicle was unsafe – the gearbox had failed and the vehicle was excessively corroded in places, including the flexi rubber brake ferrels, the offside front metal brake pipe and the offside rear chassis section.
Having been advised of the findings of the engineer, Collins did at this stage refund the purchase price to the consumer.
Trading Standards investigations also revealed that the original invoice given to the consumer by Collins stated that the transaction was a ‘Trade Sale’, giving the purchaser the impression that he did not have any statutory rights.
Gareth Rhys Collins, the owner of St Martin’s Car Sales, was summonsed to court for supplying an unsafe vehicle under the General Product Safety Regulations 2005, and for giving the impression that the consumer had no rights under the Consumer Protection from Unfair Trading Regulations 2008.
He appeared at Caerphilly Magistrates Court on May 31 2012 and was found guilty of both offences and was fined £1,600 for supplying the unsafe vehicle, with no further punishment for the other offence.
He was also ordered to pay prosecution costs to Caerphilly County Borough Council of £754.11 and a £15 victim surcharge.
Cllr Dave Poole, cabinet member for community and leisure services said: “I hope this successful prosecution will send out a clear message that strict legislation and laws are in place to protect consumers, and we will take strong action where needed to ensure this legislation is enforced.”