Breaking News – the worlds’ most roadworthy unroadworthy vehicle?

legal updates

We advise clients to do a Pre-Delivery Inspection.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

It is an offence to sell a vehicle that is unroadworthy. You know that (or at least we hope you do!) and we do too. But be prepared for a little shock.

We are presently assisting one of our clients who are to be formally interviewed by Trading Standards.  A formal prosecution is an option open to them.  They are alleging that our client sold an un-roadworthy vehicle. 

Trading Standards argue that one cannot rely entirely on an MOT and we accept this and this is why we advise clients to do (amongst other things) a Pre-Delivery Inspection and a check with HPI or equivalent.

However, the facts are thus.  In April 2013 – yes 2013 – our client sold a car with an existing MOT.  On its MOT anniversary it passes another and a year after that a further MOT is successful. The customer then crashes the front of the car and upon dismantling it an “expert” decides that the car was sold in an un-roadworthy state!

Now, guess how many miles had been travelled in this car between when it was sold and when it was crashed?

No – more than that.

Sorry – more than that too.

This car had travelled 25,000 miles in the 2.5 years between purchase and collision and Trading Standards say that despite all the MOT’s our client sold an un-roadworthy vehicle.  No. This really is not an April Fool’s story.

Does this mean that car dealers are meant to dismantle vehicles before sale? 

Oh, and here’s the salt in the wound.  Our client gave a substantial proportion of the repair bill to their customer as a gesture of goodwill.  And Trading Standards are stating that this was an attempt to buy their way out of a criminal action!

ECSC Group plcMore Secure

On average 55 vulnerabilities are identified daily.

What can I do?

Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?

If you’re unable to answers these questions, you need help from the experts.

Suffice to say this:  We are not happy and will be attending the interview with our client so that a robust response is put forward.

Lawgistics members
 can get advice on advertising and selling cars or dealing with Trading Standards.

Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

Is it the end of Trading Standards enforcement as we know it?

Earlier this year, the Digital Markets, Competition, and Consumers Act 2024 obtained Royal Assent.

Do NOT try to take away a consumer’s rights on an invoice

A Welsh Trading Standards department prosecuted a car dealer for “Furnishing a used car invoice to a consumer giving the impression that the consumer had less rights than they actually did.”

Misleading adverts results in £58,000 fine

The result should serve as a warning to all traders to ensure vehicles are accurately described.

What’s that pain between your shoulders? It’s the Trading Standards’ knife in your back!

Trading Standards are meant to provide help and suggestions to ensure future compliance.

Customer ordered to pay our client’s court costs in mileage dispute

A mileage disclaimer sticker was also displayed on dashboard at the time of sale, advising that the mileage must be deemed incorrect unless otherwise stated in writing.

Court success on vehicle with a mileage discrepancy

The Claimant issued proceedings against our member for the full cost of the vehicle and the cost of the repairs by the main dealer for misrepresentation.

Online Auctions – Bid for Lamb, Ended up with Mutton?

Trade buyers are unhappy at what they are getting, compared with the descriptions and photographs that are supplied to them.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.