A car dealer which knowingly sold a vehicle with engine problems and tried to deny customers their consumer rights has been fined £10,000 following an investigation by Bath & North East Somerset Council Trading Standards.
Within 15 minutes of being driven from the lot of South & West Motors Ltd in Bath, one vehicle broke down, and was later found to require repairs costing more than £3,000. South & West Motors then attempted to undermine the consumer’s statutory rights set out in the Consumer Rights Act 2015 by applying trade terms to a consumer transaction.
Bath Magistrates’ Court heard that South & West Motors sold the vehicle without disclosing known engine issues and failed to ensure the vehicle was of satisfactory quality, allowing the consumer to drive it away despite it not being roadworthy.
A second complaint involved a vehicle that also developed faults shortly after purchase. The business tried to limit its liability and the consumer’s rights by using terms requiring the buyer to assess the vehicle’s full condition – whereas the law requires the trader to ensure the goods are of satisfactory quality. The company also used a generic disclaimer about mileage accuracy and failed to provide a full refund when the buyer rejected the vehicle.
South & West Motors Ltd had been advised in detail by Bath & North East Somerset Council Trading Standards on several occasions over the previous five years, particularly in relation to its paperwork and trading practices.
The company pleaded guilty to breaching the Consumer Protection from Unfair Trading Regulations 2008 by failing to meet professional diligence standards.
At a hearing on 12 March, Bath Magistrates’ Court imposed a £10,000 fine on South & West Motors Ltd. The court also ordered the company to pay £811 in compensation to the victims and £7,800 in costs to Bath & North East Somerset Council, resulting in a total financial penalty exceeding £18,000.
Councillor Tim Ball, cabinet member for Neighbourhood Services, said: “We are dedicated to protecting residents. If traders misrepresent vehicles or deny consumers their statutory rights, we will act decisively. This prosecution sends a strong message to businesses that noncompliance will not be tolerated.”
