Trader fined £1,000 for Consumer Protection Offences

A Briton Ferry man has been fined £1000 for falsely claiming to be a licensed waste carrier and for failing to give cancellation rights to customers for whom he did gardening work.

On 21st of April at Swansea Magistrates Court, John Locke pleaded guilty to the charges brought by Neath Port Talbot Council’s Trading Standards Service.

He was fined £1000.00 for 4 offences under the Consumer Protection from Unfair Trading Regulations 2008. These included failing to provide cancellation rights to a customer, making misleading statements about his waste carrier licence and the use of poison to prevent root growth and contravening the requirements of professional diligence with regard to work that he carried out.

In May 2014, Mr.Locke undertook some gardening work for a customer who is registered as disabled. The customer had contacted Mr Locke after seeing a flyer advertising his company ‘Locke and Sons Gardening Services’.  Mr.Locke was commissioned to remove garden waste and the stump of a rhododendron bush.

The van that Mr.Locke used was marked with a waste carriers licence number, so the customer assumed that the business was legitimate.  Mr.Locke quoted £350 for the entire job, stating that if he was unable to remove the rhododendron stump he would kill it, and £200 if the customer only wanted him to remove the garden waste. The customer decided to pay £350 for the entire job.

Mr.Locke and his employees cleared the waste and sprayed the stump, a privet hedge and weeds with a clear liquid, informing the customer that this was poison which would kill the plants.  As they left Mr.Locke said that he would return to finish the work after a fence entwined with the privet was removed.

Despite numerous calls by the customer, Mr.Locke failed to return to complete the work. The “treated” privet and weeds in the garden began to grow back and the waste carriers licence number was found to be false.

At interview, Mr.Locke admitted that the waste carriers licence number marked on his vehicle was formerly his son’s, but it had been revoked 5 or 6 years previously when they were found to be carrying scrap metal without a licence. Mr.Locke’s own licence had expired and he had not renewed it. He also denied treating the privet stump and weeds and that there was ever an agreement to return to complete the work.

Just a month prior to visiting the complainants’ property, Mr.Locke had been advised by the Council’s Trading Standards Service that businesses are required to give a seven day cooling off period for contracts made at a person’s home. Mr.Locke denied that the work had started prior to the end of the seven day cooling off period.

In addition to the £1,000 fine, Mr.Locke was ordered to pay compensation of £150 to the customer and also to pay the Council’s costs.

Cllr. Ali Thomas, Leader of Neath Port Talbot Councils said:

“This conviction illustrates how seriously the Council takes consumer rights.  Our Trading Standards Officers are happy to assist businesses who need advice or information on their obligations. However, businesses found to be flouting the law, by disregarding the rights of consumers and misleading them, will be investigated and formal action might be taken as a result. This can lead to a significant fine or even a prison sentence.”