Belfast Car Dealer Fined For 'Clocking' Car

Belfast car trader Malcolm McGarrity, of 609 Upper Newtownards Road, Belfast, was today fined £425 plus £62 court costs, at Belfast Magistrates' Court, for selling a ‘clocked’ car.

In addition to clocking the car, Mr McGarrity was also guilty of selling a car while posing as a private individual.

In a case brought by the Trading Standards Service (TSS) of the Department of Enterprise, Trade and Investment (DETI), Mr McGarrity pleaded guilty to two charges under the Trade Descriptions Act 1968 and four charges under the Fair Trading Act 1973.

Mr McGarrity sold the car from his home to a young customer, claiming the car had belonged to his daughter. A subsequent investigation by TSS found that in fact, Mr McGarrity had bought the car only a few days earlier. It was also discovered that the mileage indication had been substantially reduced. The TSS investigation also revealed that Mr McGarrity had advertised numerous vehicles while posing as a private individual.

Peter Rankin of the Trading Standards Service said: “The majority of second-hand car dealers operate in an honest manner. However, there are still those who attempt to circumvent the law by selling vehicles that have had their mileage indications reduced.

“Some also attempt to conceal the fact that they are traders in an attempt to avoid their responsibilities under the Sale of Goods Act. As a result, consumers can end up paying much more than they should, while reputable dealers are placed at a commercial disadvantage.

“Furthermore, consumers may find that the condition of the vehicle is much worse than expected, potentially leading to further problems and expensive repair bills.”

Anyone who believes they have been sold misdescribed goods should contact Consumerline on tel: 0845 600 62 62 or tel: 028 9025 3900, or alternatively log on to www.consumerline.org.

Notes to Editors:

1. "Car clocking" is the term commonly used to describe the practice of turning a car's mileage reading back to display a lower mileage. A car's mileage is one of the main factors influencing a potential purchaser's decision to buy and the final price they are willing to pay. The practice of clocking is illegal, and can result in fines up to £5,000.

2. The Trading Standards Service investigates possible offences relating to clocked cars under the Trade Descriptions Act 1968. Under section 1 of the Act, it is an offence for a trader to apply a false trade description and also to supply, or offer to supply, a clocked car.

3. The Business Advertisements (Disclosure) Order 1977 requires any person advertising goods in the course of a business to make it clear in the advertisement that the goods are being sold in the course of a trade or business. It is an offence under the Fair Trading Act 1973 to fail to do so. A fine of up to £5,000 can be imposed. Traders who pose as private sellers are referred to as "hidden" traders.

4. The Consumer Protection from Unfair Trading Regulations came into force on 26 May 2008. This replaces a number of pieces of Consumer Protection legislation including the Trade Descriptions Act 1968 and the Fair Trading Act 1973. Offences committed after this date are brought under this legislation. A fine up to £5,000 can be imposed for an offence under these Regulations.

5. For media enquiries please contact the DETI Press Office, telephone 028 9052 9297. Out of office hours, please contact the Duty Press Officer via pager number 07699 715 440 and your call will be returned.