30/12/19

Trading Standards | Motor Traders | Kangs Regulatory Solicitors

Share

Traders face many statutory regulations when dealing with and selling goods to the public.

In this article, Suki Randhawa comments on some requirements and the potential pitfalls that could confront traders of motor vehicles.

The Relevant Law | Kangs Trading Standards Solicitors

  • It is a criminal offence for a trader to
    engage in a commercial practice that is misleading with regards to goods and
    services.  Traders should therefore carry
    out checks to confirm the condition and mileage of vehicles before displaying
    them for sale.
  • The Consumer Protection from Unfair Trading
    Regulations 2008 makes it a criminal offence for a trader to engage in
    commercial practice that can mislead in respect of goods and services.  This could be in the form of a misleading
    statement of description or an omission of facts (such as failing to disclose
    information i.e. the vehicle was previously used as a taxi) about goods and
    services.  An action or omission can be
    seen as misleading if it affects or is likely to affect the consumer’s decision
    to purchase or make any other transaction decision.

Odometer readings | Kangs Consumer Protection Advisory Solicitors

  • The mileage indicated on an odometer is a
    description that can be regarded as an accurate indication of the mileage
    travelled by that vehicle and so will be relied upon by any potential
    consumer. 
  • Traders are expected to carry out checks to
    make sure the description is accurate. 
    If the odometer reading is incorrect, it should be referred to in any
    description.

Potential Defence | Kangs Regulatory Offences Advisory Team

  • Under The Consumer Protection and Unfair
    Trading Regulations 2018, a defence to criminal proceedings is provided to a trader
    who can show that all reasonable precautions were taken and all due diligence was
    exercised. 
  • This means the trader should be able to show
    that there are checks in place to verify the mileage and that these checks are
    carried out.

Penalties For Breach | Kangs Trading Standards Team

Any breach of the regulations could lead to enforcement action which may include:

  • a formal written warning.
  • a caution.
  • instigation of Criminal Proceedings which
    could lead to a fine and/or imprisonment. 

How Can We Help? | Kangs National Regulatory Solicitors

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

This can include amongst other things:

  • Formulating a reply to any notices received.
  • Advising on the regulatory regime and
    requirements generally.
  • Defending prosecution 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

News insights, Serious Fraud, Services
A former Labour MP, Jared O’Mara, has received an immediate custodial sentence of four years having been found guilty, following his trial, of six counts of fraud relating to false expenses claims for work that he never carried out in respect of jobs that did not even exist. For further Press details please follow the […]
07/03/23
Criminal Litigation, News insights, Services
Kangs Solicitors has recently successfully defended a client facing an allegation of assault occasioning actual bodily harm arising from an incident forced upon him whilst he was simply conducting his  business, running a restaurant in London’s West End, when confronted with an unsavoury situation. Kangs Solicitors was instructed from the onset attending the interview under caution at Charing […]
06/03/23
Insolvency, News insights, Services
Kangs Solicitors has been instructed to defend claims against our client alleging breaches of Section 212 and 213 of the Insolvency Act 1986. The claims are being brought by the joint liquidators of our client’s company on the basis that our client allegedly knew that he and his company were participating in ‘Missing Trader Intra- Community’ Fraud’ […]
01/03/23

Get in touch