Trading Standards | Traders of Motor Vehicles
Traders face many statutory regulations when dealing with and selling goods to the public. In this article, Suki Randhawa comments on some requirements and the potential pitfalls that could confront traders of motor vehicles.
The Relevant Law
- It is a criminal offence for a trader to engage in a commercial practice that is misleading with regards to goods and services. Traders should therefore carry out checks to confirm the condition and mileage of vehicles before displaying them for sale.
- The Consumer Protection from Unfair Trading Regulations 2008 makes it a criminal offence for a trader to engage in commercial practice that can mislead in respect of goods and services. This could be in the form of a misleading statement of description or an omission of facts (such as failing to disclose information i.e. the vehicle was previously used as a taxi) about goods and services. An action or omission can be seen as misleading if it affects or is likely to affect the consumer’s decision
to purchase or make any other transaction decision.
Odometer readings
- The mileage indicated on an odometer is a description that can be regarded as an accurate indication of the mileage travelled by that vehicle and so will be relied upon by any potential
consumer. - Traders are expected to carry out checks to make sure the description is accurate. If the odometer reading is incorrect, it should be referred to in any description.
Potential Defence
- Under The Consumer Protection and Unfair Trading Regulations 2018, a defence to criminal proceedings is provided to a trader who can show that all reasonable precautions were taken and all due diligence was exercised.
- This means the trader should be able to show that there are checks in place to verify the mileage and that these checks are carried out.
Penalties For Breach
Any breach of the regulations could lead to enforcement action which may include:
- a formal written warning.
- a caution.
- instigation of Criminal Proceedings which could lead to a fine and/or imprisonment.
How Can We Help?
The team at Kangs Solicitors has a wealth of experience and vast knowledge in dealing with all types of regulatory matters including Trading Standards matters. We can assist at the initial interview stage as well as any stage following interview under caution.
This can include amongst other things:
- Formulating a reply to any notices received.
- Advising on the regulatory regime and
requirements generally. - Defending prosecution of every nature brought
by any regulatory body.
Who Can I Contact For Help?
Our team can be contacted through any of the following who would be happy to discuss your situation with you.
Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888
John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210
