A gardener has been prosecuted for consumer rights breaches.
Henry Elias Jones, 46 of Upper Race, Pontypool, and trading as Oaktree Garden Services, was taken to court following reports he was cold calling at a warden-controlled complex in Bedwas which was covered by a ‘No Cold Calling Zone’.
In June this year, Jones was reported to Trading Standards after he called on the Bedwas residents. Council officers tried to approach Jones as he made the calls, but he drove away.
One resident had agreed for Jones to carry out £600 worth of gardening work. Jones started straight away without a statutory 14-day cooling-off period nor written permission from the resident.
A second victim was offered £580 worth of work, but the resident recognised Jones from previous unsatisfactory work two years earlier.
She confronted him and Jones denied knowledge and continued in his efforts to get the work, which was later deemed to be an aggressive commercial practice.
After the two incidents in June, Jones was arrested and a search carried out of his vehicle and home by Trading Standards and Gwent Police. Evidence gathered which proved that Jones was trading as Oaktree Garden Services.
The case was heard at Newport Magistrates’ Court last month where Jones admitted two charges under consumer rights legislation and was ordered to pay a £1,800 in fines, £2,764.25 in court costs, a criminal court charge of £180 and a victim surcharge of £120.
The court was told how Jones had been spoken to by Caerphilly Trading Standards in 2014.
Jones’ barrister told the court how his client was from the travelling community and had received little formal education.
He had mentioned a 14-day cooling-off period on his flyers, but at the time was unaware of the form that any notice should be in. The barrister added that Jones would like to apologise for any distress he caused.