In his article posted on this website on 30th December 2019, Suki Randhawa of Kangs Solicitors commented upon the potential pitfalls facing motor traders in the course of their business.  

Suki Randhawa of Kangs Solicitors now examines further relevant law.

Relevant Law | Kangs Trading Standards Solicitors

  • Descriptions given by those in the motor industry are governed and controlled by the Consumer Protection from Unfair Traders Regulations 2008.
  • The Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 makes it a requirement to give consumers detailed information and consumers have a fourteen day cancellation period from when a contract is signed. These Regulations also prohibits ‘negative options’, i.e the sale of ‘add-ons’ which are incidental to the main contract.
  • The Road Traffic Act 1988 and the General Product Safety Regulations 2005 create obligations on a trader to ensure that all vehicles sold are safe and trustworthy
  • The Consumer Rights Act 2015 sets out obligations on a trader to a consumer when supplying goods. 

Unfair Commercial Practice | Kangs Regulatory Solicitors

Unfair commercial practice is covered by the Consumer Rights Act 2013 which states that unfair commercial practice is:

  • A “misleading action” (it contains false or misleading information and is therefore untruthful or if it is designed to deceive or likely to deceive a consumer).
  • A “misleading omission” (it omits information that an average consumer needs to make an informed transactional decision). 

… and this causes or is likely to cause an average consumer to take a different transactional decision.

Examples of the above could include:

  1. Giving misleading/false information,
  2. Misleading consumers about their statutory rights,
  3. Advertising at a price which does not include additional administration or other non-optional charges.

Examples of misleading omissions include:

  1. Failing to advise a consumer of the true history of a product/car.
  2. Failing to include “administration or non-optional charges”.

The above examples can be given in writing, verbally, by illustration or implication.  

Potential Defence | Kangs Regulatory Offences Advisory Team

A trader has a defence if it can be proven that the commission of the offence was due to:

  • a mistake,
  • reliance on information supplied to them,
  • the act or default of another person, 
  • an accident or
  • some other cause beyond the trader’s control and that the trader took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control. 

Penalties For Breach | Kangs Trading Standards Team

  • There are a number of remedies available for a consumer who, and
  • if not satisfied, may refer any complaint to the Trading Standards Team and
  • failure to comply with Trading Standards can lead to enforcement action and to sanctions, which may include a fine and/or imprisonment. 

How Can We Help? | Kangs National Regulatory Solicitors

The team at Kangs Solicitors has a wealth of experience and knowledge in dealing with all types of Regulatory matters. We can assist at the initial interview stage as well as any stage following interview under caution.  

This can include amongst other things:

  1. Formulating a reply to any Notices received.
  2. Advising on Regulatory regime and requirements generally.
  3. Defending prosecutions of every nature brought by any Regulatory Body.

Who Can I Contact for Help? | Kangs Trading Standards Defence Solicitors

Our team can be contacted through any of the following who would be happy to discuss your situation with you:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210