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Crime Solicitors

Suspended jail sentence for car dealer who sold unsafe vehicles (22 August 2017)

Date: 22/08/2017
Duncan Lewis, Crime Solicitors, Suspended jail sentence for car dealer who sold unsafe vehicles

A second hand car dealer has pleaded guilty to six charges under the Consumer Protection Regulations and the Fraud Act, after selling unsafe cars to people on low incomes or first-time buyers.

Mark Tomkins, 40, of Chard in Somerset used his girlfriend’s address in Camelford and a variety of telephone phone numbers to advertise cars for sale via the Autotrader and Gumtree websites.

Over a two-year period, Tomkins sold 25 cars to people on low incomes or first-time buyers, but the cars were often unsafe and in need of serious repairs.

The court heard that Tomkins posed as a private seller or used false names to avoid his liabilities and to evade consumer complaints.

At Bodmin Magistrates’ Court, Tomkins offered no mitigation – and told the court, “I feel ashamed when it’s all read out like that.”

Magistrates told him:

“Your trading put buyers safety at risk – it was clearly fraudulent and undermined public confidence in other motor traders.”

Tompkins was sentenced to 12 weeks in prison, suspended for 12 months and was ordered to complete 100 hours of community service, as well as paying £720 in compensation and £1,000 towards the cost of the investigation.

Cornwall Council’s Cabinet Member for Public Protection, Councillor Sue James, said:

“This was the result of a lengthy investigation by the Council’s Trading Standards team.

“The offences here reflected a deliberate attempt to defraud members of the public, including those who could least afford to lose money.

“The use of false names and a variety of telephone numbers and email addresses demonstrates the calculated and scheming nature of the crime.

“The court has recognised the potential harm done to the motor trade in Cornwall – and this sends a clear warning to people considering illegal activity that they will be caught.

“More and more motor dealers across the county are joining the Trading Standards approval scheme ‘Buy with Confidence’ to help them stand out as business who can be trusted – a case like this demonstrates the value of the scheme in giving buyer’s confidence in who they buy from.”


Duncan Lewis Criminal Lawyers

Duncan Lewis Criminal Lawyers can advise at any stage of a public protection offence, including charges involving selling counterfeit goods, selling illicit alcohol or tobacco products, weights and measures issues, mislabelling offences, food hygiene breaches, selling restricted items to minors, breaches of health and safety regulations – and selling or offering for sale produce which fails to meet minimum quality standards.

There are Duncan Lewis offices nationwide and in most major cities – and Duncan Lewis can advise on police raids and premises inspections by Trading Standards or local authority fraud teams.

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

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