Company fined for misleading customer
Posted on Thursday 23rd March 2023
A Newport car company and its director were fined for breaching legislation designed to protect consumers in relation to the sale of a car.
CMB Value Car Sales and Nicholas Ward, who were prosecuted by Newport City Council, both admitted two offences under the Consumer Protection from Unfair Trading Regulations 2008.
The company, of Mill Parade, Newport, pleaded guilty at Cwmbran magistrates court and was fined a total of £2,000 and ordered to pay a victim surcharge of £190.
Ward, of Pentwyn Terrace, Marshfield, also admitted the offences and was fined £2000, costs of £857 and compensation to the car buyer of £849.49.
Following an investigation by the council’s trading standards officers, Ward was accused of selling a Peugeot 308 using disclaimers such as “sold as seen” and “no refund policy” contrary to regulations designed to protect consumers.
Just days after buying the car, the customer had to have repairs on it and shortly afterwards further faults were discovered. Ward told the customer that the car was “sold as seen”.
In an interview, he said he was not aware of the Consumer Rights Act 2015 and the statutory rights of consumers when purchasing goods or the Consumer Protection from Unfair Trading Regulations 2008 and that it was an offence to restrict consumer statutory rights.
The customer also took the company to the civil court after receiving advice from trading standards and won the case.
It is understood that CMB Value Car Sales is no longer trading and Ward has resigned as sole director.
Councillor James Clarke, the council’s cabinet member for strategic planning, housing and regulation, said: “It is vitally important that anyone owning or running a business makes themselves familiar with consumer legislation. As this case shows, ignorance is no excuse.
“I’m pleased that the magistrates recognised how serious these offences were and that our trading standards team were able to help this customer get justice both in the criminal and civil courts.”