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Second Hand Car Dealers ordered to pay £30,000 For Selling Unroadworthy Vehicles Again and Again!

Two second hand car sales men who sold several unroadworthy vehicles, including one to two separate customers, despite already being under investigation, have been ordered to pay in excess of £30,000.

Warwickshire County Council Trading Standards Service successfully prosecuted Gurdip Virdi and Martin James Pittaway Trading as MG Motor Group and Longford Park Car Sales following a year long investigation in co-operation with Coventry and Dudley Trading Standards Services.

In December 2008 the Service received a complaint from a consumer who had purchased a Peugeot 306 from MG Motor Group, located on Wheelright Lane in Ash Green, Warwickshire.

A Trading Standards vehicle expert examined the car and identified that the front cross member was no longer attached to the main nearside chassis frame member. He concluded that the vehicle had been sold in a dangerous and unroadworthy condition.

Whist dealing with the Peugoet case, Trading Standards Officers were contacted by Coventry Trading Standards. They were investigating complaints regarding a Land Rover Discovery that had been sold twice by Mr Virdi and Mr Pittaway who had moved to Longford Road Coventry and had begun trading under the name of Longford Park Car Sales.

The first buyer, a Coventry resident, had purchased the vehicle on 11th July 2009 for £1995 to tow his caravan.  Soon after the purchase he became suspicious about the condition of the vehicle and took it for an MOT, which it failed, mainly on severe corrosion which he was told would cost £1000 to repair.

He eventually obtained a refund from Longford Park Car Sales after showing them the MOT failure form and Mr Virdi informed him that they had scrapped the vehicle.

However, the vehicle wasn’t scrapped and was sold again on 5th August 2009 for £1795 to a Dudley resident, relying on the previous MOT test that still had a short period to run on it. The second owner also became suspicious and using the VOSA website discovered that the vehicle had failed a more recent MOT test.

VOSA subsequently examined the vehicle and prohibited it from being used on the road due to corrosion which was causing the bulkhead to move on application of the foot brake.

Warwickshire Trading Standards Service were granted the authority to prosecute Mr Virdi and Mr Pittaway on behalf of Coventry and Dudley Trading Standards.

At the Nuneaton Justice Centre on Monday 29th March 2010, Gurdip Virdi and Martin James Pittaway Trading as MG Motor Group and Longford Park Car Sales of Wheelright Lane, Ash Green, Warwickshire pleaded guilty to five offences under the Business Names Act and Section 75 of the Road Traffic Act, for selling unroadworthy vehicles and for not disclosing the ownership of the business on their invoices.

Each defendant was fined a total of £15940, which included compensation payments for the buyer of the Peugeot 306 and the second buyer of the Landover Discovery.

At the time these matters were being investigated the defendants also pleaded guilty in a separate case relating to the sale of an unroadworthy Fiat Punto. They were fined in total £5125 on that occasion.

Mark Ryder, Head of Warwickshire County Council Trading Standards Service said: “In these financially difficult times, when consumers have less money to spend, more people, including many young people will be looking to purchase a second hand car as opposed to a new vehicle.

"It is very important that people wanting to buy a used car, whatever its price, should have confidence that the vehicle they are purchasing is roadworthy and safe to drive. Unroadworthy vehicles put at risk the lives of all road users.

"We will continue to take action to prevent the sale of potentially dangerous and unroadworthy vehicles, helping to ensure consumers aren’t deceived into buying cars that could be worthless and potentially lethal to drive. "

Warwickshire Trading Standards Service is reminding anyone looking to buy a used car, particularly at the cheaper end of the market to check the vehicle and any paperwork thoroughly before purchase.

Advice for Buying a Used Car:

It is wise to have a history check done on the car. There are organisations which hold data on cars and can tell you, for a fee, whether the car has outstanding finance on it, whether it is an insurance write off or stolen. You can also find out if the mileage is accurate and whether the registration number and VIN match.

Check the general condition of the bodywork and look for signs of rust and welding. The condition should reflect the age of the car and the asking price.

Make sure that all the tyres, including the spare, have the correct pressure and tread.

Go for a thorough test drive.

It is strongly recommended that you have the car checked out by a qualified auto engineer (either an independent engineer or through a motoring organisation) if you don’t have the expertise to check the car’s condition yourself. Alternatively, enlist the help of a mechanically-minded friend or relative who should at least be able to spot the most serious defects.

Check all the relevant paperwork (including MOT test certificates, service histories etc.) to satisfy yourself that everything is in order.

Purchasers of older vehicles should ensure that the vehicle is sold with a 12 Months MOT Test Certificate.

Read the contract carefully before you sign.

Read the finance agreement (if any) carefully and make sure the figures add up.  Look around for credit. You do not have to use the credit on offer from the dealer.

Further guidance on buying a used car is available on out website: http://www.warwickshire.gov.uk/consumerguide

For more information or advice contact Consumer Direct on 08454 04 05 06.

Businesses unsure of their obligations should telephone the Trading Standards Service on 01926 414040 for information and advice.