Crime Solicitors

Dorset County Council has prosecuted a rogue gardener who charged a 78- year-old victim £760 for an hour’s work pruning a tree.

The prosecution followed an investigation by Dorset County Council’s Trading Standards service.

Andrew Cooper, 43, of Crock Lane in Bridport was sentenced at Dorchester Crown Court after having pleaded guilty to an offence under the Fraud Act 2006, involving misrepresenting the gardening work as being worth £760.

Cooper also pleaded guilty to consumer protection offences for failing to provide his customer with a notice of his right to cancel the contract – Cooper also failed to provide his contact details.

Cooper also admitted unrelated offences of public disorder and possessing an offensive weapon, which were brought by the Crown Prosecution Service.

The court heard that, in September 2015, Cooper had called uninvited at the home of a 78-year-old Dorchester man, for whom he had previously carried out work. He told the man that he was going to prune a cherry tree, but did not discuss a price or give him a notice of his right to cancel the contract, as required by law.

An hour after starting the job, Cooper suggested a £900 fee – but said that, as the victim was a loyal customer, he would accept a £750 payment but only in cash.

The victim gave him £60 and Cooper followed the man in his van while he drove to the cash point in Dorchester, where he was given a further £700.

The police were alerted by a concerned neighbour and contacted the Trading Standards service, who investigated and prosecuted the case.

The judge, HHJ Fuller QC, said that Cooper had ignored repeated advice from Trading Standards – and noted that the last advice was given only a short time before the offence.

He also remarked that this was “a particularly nasty” offence – and that Cooper had set out to target a vulnerable individual and ignore the regulations.

He gave credit for Cooper repaying £700 of the money, but told the court that Cooper had only done this because “he knew the game was up”.

Cooper was sentenced to two years in jail and was also ordered to pay prosecution costs of £3,686 to the county council.

After sentencing, the council’s trading standards service manager, Ivan Hancock, said:

“Tackling rogue traders that prey on vulnerable adults is top priority for our Trading Standards team – and this case illustrates that the courts also take this very seriously.

“We are still keen to ensure that residents do all they can to avoid becoming a victim by saying no to uninvited doorstep traders.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise at any stage of a public protection offence, including charges relating to misrepresentation, fraud, counterfeit goods, importing or selling illicit tobacco and alcohol, selling restricted goods to under-18s, mislabelling, weights and measures offences, and breaches of food hygiene or health and safety regulations.

There are Duncan Lewis offices nationwide and in most major cities – and Duncan Lewis can advise at the start of an investigation into public protection offences and before charges are brought.

Duncan Lewis can also advise on Confiscation Orders under the Proceeds of Crime Act (POCA).

For expert legal advice on public protection offences, call Duncan Lewis criminal solicitors on 0333 772 0409.

For 24/7 help at a police station, call the Duncan Lewis Solicitors 24-Hour Emergency Helpline on 0333 772 0607.