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Motor trader fined for selling dangerous car

Posted on : 12 Nov 2019

Motor trader fined for selling dangerous car
Kristan Thomas, aged 39 and from Merthyr, has been found guilty of selling a dangerous car whilst trading as Right Buy Motor Company.

Newport Magistrates Court found Mr Thomas guilty of one offence under the General Product Safety Regulations 2005 on 5th November 2019, after he denied the charge brought against him by Caerphilly County Borough Council.

In March 2018 Mr Thomas was trading as Right Buy Motor Company in Tiryberth when a consumer from St Clears, Carmarthenshire responded to an Ebay advert for a Mitsubishi Warrior.  When the consumer, who had just passed his driving test, responded to the advert he was told that the vehicle had been sold but that another more expensive one was in stock.

The consumer visited Thomas’ Tiryberth premises where he was sold a 54 plate Mitsubishi L200 Warrior with a brand new MOT.  Within 5 months the consumer noticed that there was severe corrosion under the vehicle, and a mechanic advised him that some of the failures on an MOT test carried out previously were still present and had not been put right.

A complaint was made to the council’s Trading Standards team and an Independent Vehicle Examiner was employed to assess the vehicle.  The expert found excessive corrosion which was consistent with slow deterioration over an extended period of time and which would have been present at the time the vehicle was sold in March 2018.  He considered the vehicle to be in a dangerous condition and determined that it should not have been used on a public highway.

Mr Thomas was fined £1,000, ordered to pay a surcharge of £100, as well as costs to Trading Standards and compensation to the purchaser of the car totalling £4,245.93.

Cllr Eluned Stenner, Caerphilly County Borough Council’s Cabinet Member for Public Protection, said “This offence was one which could have resulted in catastrophic consequences not only for the user of the vehicle, but also for passengers and other road users.  We’re pleased with the Court’s decision and hope that it will act as a warning to other traders.” 

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