10th September 2024

Enforcement Order for car dealer

North Lanarkshire TS has obtained an Enforcement Order against a car dealer who sold unroadworthy vehicles.


By JTS Staff
Journal of Trading Standards' in-house team
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This enforcement action underscores our commitment to ensuring consumer rights are protected and that businesses operate within the bounds of the law

North Lanarkshire Trading Standards Service has obtained an Enforcement Order against a car dealer who sold unroadworthy vehicles, gave false information, and failed to provide redress to customers when faults were identified.

Jakub Niemczyk, director of Cumbernauld Car Sales Ltd, was the subject of numerous customer complaints. The Enforcement Order, imposed by Airdrie Sheriff Court last month after an Interim Enforcement Order had been put in place in 2023, places several conditions on Niemczyk and his company.

These include that they must provide consumers with written notice of their right to cancel any contract at the time it is made; they must ensure that all vehicles sold are not dangerous; they must take reasonable skill and care when preparing second-hand vehicles for sale; and they must not provide false information to consumers or create the impression that a motor vehicle can legally be sold when it cannot.

The court also ordered the business to publish the granted Enforcement Order in a manner deemed appropriate to eliminate any continuing effects of the infringement, as per Section 217(1) of the Enterprise Act 2002.

North Lanarkshire Council Trading Standards Manager Michelle McKenna commented: “We work with businesses to ensure compliance and improve trading practices. However, we will not hesitate to take firm action against businesses that persistently and unlawfully treat consumers badly.

“This enforcement action underscores our commitment to ensuring consumer rights are protected and that businesses operate within the bounds of the law.”

Any consumers affected by Cumbernauld Car Sales Ltd are advised to contact Advice Direct Scotland for further assistance and advice: visit www.advicedirect.scot or call 0808 164 6000.

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