Garage owner fined for selling defective campervan… twice

The owner of a Kingsbridge garage has been fined £5,000 after pleading guilty to two offences under the Consumer Protection from Unfair Trading Regulations 2008, relating to the sale of a Citroen Campervan.

Appearing at Newton Abbot Magistrates Court, Derek Jones, who owns Firtree Garage, was fined £2,500 on each count, ordered to pay full costs of £1,376 and a victim surcharge of £120.

Mr Jones admitted misleading his first victim by stating the vehicle was in “very good order” when it had 42 defects and 26 individual MOT fail items, and also failing to show professional diligence by then swiftly selling the vehicle to a second victim without repairing the faults.

The court heard how he advertised the vehicle in a local newspaper, stating it was “in very good order” and as having a “full 12 months MOT” and “12 months RAC warranty”, giving potential buyers the impression was in a very good condition.

The campervan was sold the following day for £2,500. However, after taking it for a test drive the buyer discovered he wasn’t able to collect it until the following week as it did not have a current MOT, despite being advertised as such.

Mr Jones carried out the MOT, and failed the vehicle for a fault with the brakes. The following day, he passed it, with no advisory items noted on the pass certificate.

The buyer, a man from Exmouth, collected the vehicle with the knowledge that it had passed its MOT three days earlier. However, whilst driving home from the garage he discovered that the vehicle’s lights didn’t work properly, with the brake pedal turning on the indicator.

He also had trouble with the clutch, so a few days after purchasing the van he took it to two trusted local garages for their opinion. Both found it to be in very poor condition, with a large amount or corrosion and other defects. The garages were also MOT testers, and said that the vehicle could not have just passed an MOT. They advised the van be returned to the seller for a refund, and to contact the Driver & Vehicle Standards Agency (DVSA. Formerly VOSA) and Devon and Somerset Trading Standards Service.

The DVSA examined the vehicle and found that it should have failed an MOT test, with 42 overall defects – 26 of which would have been individual test fails. Examples include a front seat belt anchorage being excessively corroded and a front brake pipe being excessively corroded. In addition 16 further advisory items were also noted, a number of which also related to corrosion.

Having had to refund the first sale of campervan, Mr Jones quickly sold it to his second victim, a couple from Kingsbridge. After becoming aware of this second sale, Devon and Somerset Trading Standards Team arranged for the DVSA to carry out another inspection to check that the initial faults had been rectified. However, they found that the van still had issues with both corrosion and inadequate repairs. The majority of the faults were still present, with 24 defects that would have resulted in an MOT failure, plus another nine advisory defects. The DVSA’s examiner stated that a number of the faults would have attracted a notice prohibiting the vehicle’s use had they been found on a roadside stop check.

Luckily the couple had made little use of the van, and had only travelled just over 500 miles since the van was initially tested by Mr Jones five months earlier. They didn’t arrange for a pre purchase inspection as they had been customers of Mr Jones’ over the years and he had not told them of any faults with the vehicle prior to them buying it. They said that had they known, they wouldn’t have bought the campervan.

Cllr Roger Croad, Devon County Council’s Cabinet Member responsible for Devon and Somerset Trading Standards Service, said:

“It is completely unacceptable for Mr Jones to sell a vehicle in this condition not just once but twice.

“Anyone selling a vehicle is responsible for ensuring it is safe to use on the road, and as a garage owner we would have expected Mr Jones to take sufficient steps to adequately correct the faults bought to his attention after he sold the campervan the first time. The inspections carried out by the DVSA clearly revealed he had failed to do this.

“That is why we have worked to prosecute Mr Jones for his lack of professional diligence, as well as his misleading actions. I find it appalling that someone who claims to have been in the garage trade for over 40 years would breach the trust of a consumer in such a way
Mr Jones’ practice throughout this case has fallen below the standard of skill and care expected of both a reputable motor trader and MOT tester.

“We have to trust garages when buying cars and having them MOT tested as many of us don’t have the skill or knowledge to know if things have been done properly. Mr Jones’ actions could have damaged this trust and potentially undermined the reputation of the trade which would have affected other hard working local garages and mechanics.

“This case shows that dishonest trading activity will not be tolerated in Devon & Somerset and through our Trading Standards team we will continue do all we can to protect our residents and legitimate local businesses from such damaging practices.

“The importance of using recognised, suitably qualified and accredited tradesmen can not be underestimated, and I would urge anyone who is looking to buy a vehicle or have one MOT tested or serviced to visit our ‘Buy With Confidence’ scheme website for Trading Standards approved traders in their area.”

A DVSA spokesperson said: "The safety of road users is of paramount concern to DVSA, and we take seriously any abuse of the MOT scheme that may compromise road safety. Where an MOT tester is not conducting the test to the right standard, or where we suspect that MOT fraud is being committed, we will investigate the garage concerned and take appropriate action whenever necessary.”

Devon and Somerset Trading Standards approved businesses, including car mechanics, roofers, plumbers, builders and electricians can be found via the ‘Buy With Confidence’ scheme website at www.buywithconfidence.gov.uk

Need to report illegal trading activity? Call Citizens Advice Consumer Service on 0845 4040 506. You can also get advice on a range of consumer issues by visiting their website www.adviceguide.org.uk or logging on to www.devonsomersettradingstandards.gov.uk