Motor Trader fined

A CARMARTHEN motor trader has been fined for advertising cars it did not have in order to lure in customers.

Moduron GWD and company owner Rhys Lloyd were found guilty by a jury at Swansea Crown Court last month of nine offences of engaging in a commercial practice which was misleading, contrary to regulations 5 and 9 of the Consumer Protection from Unfair Trading Regulations 2008. He was also found guilty of offences under regulations 12 and 15 – namely using unfair commercial practices or unfair business practices. The case was bought by Carmarthenshire County Council Trading Standards Service.

Lloyd, aged 28, of Min y Coed, Bronwydd, appeared before the same court today (October 24) for sentencing.

The court found that customers would have been misled by seeing cars advertised which the company did not own or have and by the firm leaving adverts for cars that had been sold four months previously on the internet – both practices used with a view to lure customers into the used car dealership in order to sell customers something else. The vehicles involved included a Land Rover Freelander, Citroen C2 and Vauxhall Astra.

Other misleading practices they were found guilty of was advertising vehicles incorrectly with regards to the number of previous keepers for instance describing a car as one owner when in fact the vehicle had two previous keepers.

The company and Lloyd were advised on seven different occasions both verbally and in writing that such practices were unfair / misleading but chose not to take heed of the advice offered by Trading Standards, which except in the most serious cases, attempts to work with businesses in order to provide guidance and advice to ensure that businesses comply with trading legislation. This led to the prosecution.

Dyfed Thomas, for Lloyd, said he had been in business for six or seven years, had no previous convictions and was very unlikely to re-offend. The company was still in business.

His Honour Judge Philip Richards told Lloyd that he had tried to create a honey pot effect by using untrue advertisements to bring in customers in the hope of selling them less attractive cars from the stock.

Moduron GWD was fined a total of £450 for the nine offences and ordered to pay £2,000 costs. Lloyd was given a two tear conditional discharge.

Carmarthenshire County Council executive board member for public protection Cllr Jim Jones said: “It is important that traders advertise honestly and give customers accurate information about the vehicles they are selling. This case shows that the local authority is prepared to prosecute to protect the interests of customers.”