Car salesman admits clutch of offences
Derbyshire County Council’s trading standards team brought the prosecution against Brian Cliff (44), who formerly traded as Northern 4x4 from Providence Street, Rotherham, following complaints from two buyers.
Appearing at Rotherham Magistrates Court last Wednesday (25 May), Cliff pleaded guilty to three charges under the Consumer Protection from Unfair Trading Regulations 2008 and one charge under the Road Traffic Act 1988.
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Hide AdThe charges related to two sales made by Cliff in October 2015.
Cliff sold an Audi A2 to a buyer from Bolsover which he had advertiser in Auto Trader stating it had a full Audi history, when the service history had been falsified.
He also failed to tell the buyer that the car he was being sold was a Category D write off.
Category D write-offs can be repaired and re-sold as long as the customer is told about the vehicle’s history.
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Hide AdHe also sold a Fiat Punto to a buyer from Dronfield Woodhouse but less than two months after the sale of the car, the suspension wishbone collapsed as it was being driven.
Inspection by an automobile engineer found that corrosion in the suspension was so advanced that it must have been present at the time of sale — meaning it was dangerous and not roadworthy.
The sale of a car which is not roadworthy is a criminal offence under the Road Traffic Act 1988.
Cliff was given a combined penalty for the four offences.
He was ordered to pay £500 in compensation to the buyer of Audi and £659 to the buyer of the Fiat.
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Hide AdHe was also ordered to pay £400 towards Derbyshire County Council’s costs, a £15 victim surcharge and handed a 12 month conditional discharge.
Cllr Dave Allen, Derbyshire County Council Cabinet Member for Health and Communities, said: “Buyers quite rightly expect to get the vehicle they think they are paying for and for it to be roadworthy and safe.
“Both of these buyers bought the cars in good faith but were left out of pocket.
“The Fiat Punto was in such a bad state, its suspension collapsed while the buyer’s son was driving it.
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Hide Ad“Fortunately, he was on a quiet road at the time and not on a motorway, otherwise the consequences could have been very serious.
“The prosecution shows how seriously we take these offences. Misleading buyers of second hand cars and placing them in danger will simply not tolerated.”
Anyone requiring consumer advice should contact Citizens Advice Consumer Direct on 0345 404 0506.