Convictions

Mr Timmy Keane convicted for providing false information in relation to a car’s previous history, 4 June 2016

Prosecution for providing false information in relation to a car’s previous history resulted in conviction.

Following an investigation and subsequent prosecution by the CCPC Mr Timmy Keane of 118 Harold’s Cross Cottages, Harold’s Cross, Dublin 6 was convicted at Dublin District Court. Mr Keane was convicted of providing false information in relation to a vehicle’s odometer reading.

Following conviction, the CCPC applied for and was granted a compensation order of €5,000 against Mr Keane who is required to pay to the consumer he misled. Sentencing was adjourned until 12 December to enable Mr. Keane opportunity to compensate the consumer.

Mr Timmy Keane and VK Motors convicted for selling a clocked car, 8 April 2014

Prosecution for selling clocked car resulted in conviction.

Following an investigation and subsequent prosecution by the National Consumer Agency Mr Timmy Keane, a car salesman operating at VK Motors, 258 Harold’s Cross Road, Harold’s Cross, Dublin 6W, was convicted at Dublin District Court. Mr Keane was convicted of providing false information in relation to a vehicle’s odometer reading and fined €500. VK Motors Ltd was also convicted and fined €500.

Following conviction, the National Consumer Agency applied for and was granted a compensation order of €7,000 against Mr Keane who is required to pay to the consumer he misled.

Relevant Provision:Contraventions of the Consumer Protection Act, 2007 – as described Section 43 (1) and Section 43 (3)(b)(vii) and contrary to Section 47

Mr Brian Fassnidge, formerly operating at Motorcity Naas Road, 15 Naas Road, Dublin 22 convicted for selling a dangerous product, 30 September 2014

Following an investigation and subsequent prosecution by the CCPC, Mr. Brian Fassnidge was convicted at Dublin District Court for providing misleading information and for supplying a dangerous product by selling a defective vehicle. Mr Fassnidge was sentenced by Judge John O’Neill in December 2015 to pay €4,000 in total in fines, €10,000 in costs and €1,000 in compensation to consumers. This is in addition to the €17,200 which Mr Fassnidge has repaid to the affected consumers.

This was the CCPC’s first conviction under the General Product Safety Directive relating to the sale of a dangerous product.

Providing false or misleading information

Providing false or misleading information in relation to a vehicle’s history is a breach of consumer protection legislation. It is an offence for any trader to provide false or misleading information in relation to a vehicle’s mileage or to sell a dangerous product to a consumer. This practice will be challenged by the CCPC and we will seek to take enforcement action against anyone who attempts to mislead consumers in this way. Consumers should be able to rely on accurate information from sellers when buying a second-hand car. Businesses are expected to deal fairly and in good faith with consumers.

Successful convictions within the court system reinforce the message that the CCPC will take decisive enforcement action where needed.

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