Car dealer fined for selling 'death trap' vehicle to Dorset family
The trader from Essex pleaded guilty, in a prosecution by Dorset Council
A second-hand car dealer's been fined after admitting selling an unroadworthy car, described as a 'death trap' to a Dorset family.
33 year old Adam Hussain, from Hornchurch in Essex has appeared before Weymouth Magistrates Court, charged under the Road Traffic Act 1988.
He also pleaded guilty to trying to restrict the customer’s consumer rights by using the terms ‘sold as seen’ and ‘trade sale’ under the Consumer Protection from Unfair Trading Regulations 2008.
Hussain has been handed a £1,000 fine as well as being ordered him to pay compensation to the consumer of £3,740, and awarded the Council’s full costs of £2,124.25.
What happened?
In March 2022, a Dorset consumer was looking to replace their family car and was specifically interested in a Nissan Pathfinder.
After an internet search, they found one being advertised by Hussain on Gumtree.
They contacted Mr Hussain and he described the car as being ‘a good solid vehicle’ and said that it would come with a new MOT and 3 month warranty.
The customer agreed to buy the vehicle and Mr Hussain stated he would deliver it for an additional fee.
The car was delivered on 16 March 2022 by Mr Hussain and he handed the customer the new MOT certificate and a pre-delivery inspection form.
A few days later the customer took it to their local garage for a general check up as they had previously bought a vehicle that turned out to be unroadworthy.
The mechanic quickly identified that the car had severe corrosion around the suspension, the handbrake did not work, and the exhaust system was leaking - faults which would mean that the vehicle would fail its MOT.
The consumer complained to Dorset Council’s Trading Standards service and an officer arranged for an independent vehicle expert to inspect the car.
He identified the same faults and concluded that the vehicle was unroadworthy and dangerous to drive.
He also noted that the car had previously failed an MOT test some 18 months earlier with the same faults.
The customer attempted to obtain a refund from Mr Hussain but was told that the car had been ‘sold as seen’ and was a ‘trade sale.’
Cllr Laura Beddow, Dorset Council’s Portfolio Holder for Culture, Communities and Customer Services:
“Our Trading Standards team work with the motor trade in Dorset to ensure they trade fairly and comply with all consumer legislation. When traders are found to be breaking the law and attempting to restrict consumer rights robust action will be taken against them.”