The Competition and Consumer Protection Commission (CCPC), working with the Garda National Economic Crime Bureau, the Garda Stolen Vehicle Investigation Unit as well as local uniformed Gardaí, has completed a series of raids of car dealers in the Dublin and Kildare areas, looking for cars that have been crashed or clocked, and put back on sale.
Clocking and crashing
All of the dealerships in question had been the subject of complaints from consumers during the course of 2020, and special teams were assembled to inspect cars on the various premises for evidence that they might be in breach of consumer law.
A number of offences were indeed detected, including misleading commercial practices in accordance with section 47 of the Consumer Protection Act.
Misleading consumers
Speaking about the inspections, Patrick Kenny, member of the Competition and Consumer Protection Commission said: "Misleading a consumer about the history of a car is a very serious offence. Not only can it be costly but critically, it can also be dangerous. Consumers need to be able to rely on accurate information from car dealers in relation to a vehicle's roadworthiness and its history, particularly its mileage and any damage history. These inspections should act as a reminder to all car dealers that if you mislead consumers then you are liable to face criminal prosecution. The CCPC will continue to conduct unannounced inspections around Ireland and will use our powers to take enforcement action against traders who may be breaking the law."
Successful prosecution
So far this year, the CCPC has received some 2,119 complaints from consumers relating to cars and of those 198 are to do with possible clocking or the selling of previously crashed cars. According to the CCPC, the most common car-related complaints that it receives relate to clocked cars, crashed cars, outstanding finance and disguised sellers.
The CCPC has had some success in prosecuting car dealers who try to mislead the public. In July, James Hughes, based in Castlebar, received a four-month prison sentence (suspended for two years) and was required to pay €2,500 in costs to the CCPC following his conviction on four charges of misleading consumers. He was charged with acting as a 'disguised trader' and with providing misleading information regarding the recorded mileage of a car. This was the first conviction in Ireland for a business disguising their trader status. 'Disguised traders' are professional car dealers who attempt to appear as private sellers, which changes what buyers are entitled to seek in recompense under consumer protection laws.