Convictions

Mr Oleksandr Matveyshyn convicted for providing false information in relation to the sale of a clocked car, 23 October 2017

Following an investigation and subsequent prosecution by the CCPC, Mr Oleksandr Matveyshyn, trading from ‘MIV Motors’ at 6 Cross Roads Business Park, Kilbarry, Waterford, was convicted at Waterford City District Court of providing false information about the mileage of a BMW car, which had been sourced and imported from the UK.

Mr Matveyshyn was fined €500 and had costs of €1,000 awarded against him. In addition he is required to pay a compensation order of €8,000 to the consumer.

Mr Timmy Keane given a suspended sentence for an offence related to the sale of a vehicle to a consumer with a false odometer reading, 12 June 2017

A Dublin car trader, Mr Timmy Keane was given a six month suspended sentence by Judge John Brennan of Dublin District Court, for providing a consumer with false information in relation to the mileage of a car. The sentence, suspended for 12 months, followed an investigation by the CCPC.

Mr Keane was found guilty of providing false information in relation to a vehicle’s odometer reading. The suspended sentence was in addition to the €5,000 compensation Mr Keane was required to pay to the affected consumer following an application by the CCPC on behalf of the consumer for a compensation order.

Mr Jonathan McSherry jailed for providing a consumer with false information in relation to the mileage of a car, 16 February 2017

Dublin District Court convicted former Dublin car trader, Mr Jonathan McSherry, and sentenced him to three months in prison for providing a consumer with false information in relation to the mileage of a car.

The sentencing of Mr McSherry, who was trading at Station Road Autos, Clondalkin, Dublin 22, followed an investigation and subsequent prosecution by CCPC. The CCPC opened this investigation to determine whether Mr McSherry had engaged in a misleading commercial practice contrary to the Consumer Protection Act 2007. This followed a complaint to the CCPC from a consumer regarding a vehicle they had purchased from him.

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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