Crashed and clocked cars
What does ‘clocking’ a car mean and why is it a problem?
Every car has an odometer – essentially a ‘clock’ – that displays how many miles or kilometres the car has driven. ‘Clocking’ refers to tampering with the odometer to make the car appear to have less mileage than it actually does. This practice is illegal and can mislead buyers about the vehicle’s true condition.
In Ireland, the average annual mileage for a privately owned petrol car is about 17,000 kilometres (10,500 miles), while diesel cars used for business purposes may average around 24,000 kilometres (15,000 miles).
Be cautious if you come across a car with mileage that is significantly lower than these averages but with noticeable signs of heavy wear and tear. The poor condition despite the low mileage could indicate the car’s odometer has been tampered with. Buying a clocked car can be expensive and dangerous. Without knowing the real mileage, you cannot accurately assess the car’s condition or if parts may be close to failing.
Video: Clocked cars consumer advice
How can you protect yourself from clocked and crashed cars when buying in Ireland?
When purchasing a used car, it’s essential to be aware of the risks associated with clocked and crashed vehicles. Irish consumer protection law makes it an offence for businesses to give false, misleading or deceptive information about a car’s history. It is also illegal for a business to withhold important details, such as whether a car has been clocked or previously crashed. For guidance on buying a used car, see Buying a car.
What steps should you take to avoid buying a clocked car?
Before you pay for a used car, you should ask the seller to record the mileage as shown on the odometer on your receipt. If the seller is unwilling to do this, it’s best to walk away from the sale. Additionally, pay close attention to any signs of wear and tear that don’t match the displayed mileage.
How do you check if a car has been crashed or written off?
Buying a previously crashed car can be risky. If you’re unaware of a car’s crash history, you may misjudge its condition. Vital parts could be close to failure without you knowing. Insurance ‘write-offs’ may be allowed back on the road depending on the category.
Here are the steps you can take to check if a car has been crashed or written off:
- Ask for a full history of the car from the seller.
- Consider getting an independent mechanic or assessor to inspect the vehicle.
- Review any available documentation, including invoices and previous adverts.
Consumers in Ireland rely on the honesty of sellers of used cars to tell them about the condition of that vehicle. This can expose consumers to misleading practices by unscrupulous traders as well as deceptive or ill-informed private sellers. Consumers aren’t able to check if what they are being told by the seller is true due to a lack of access to verifiable information. Many consumers end up at a significant loss as a result.
As a result of this, the CCPC is advocating for an online portal that would grant second-hand car buyers free access to essential car history information, including write-off status and mileage readings. Allowing consumers to more easily access this information would help limit the number of dangerous, clocked, or poorly repaired cars on Irish roads.
Are cars that have been written off allowed back on the road?
- The following categories of write offs are allowed back on the road :
- Category C write-off - The vehicle is repairable; however, the repair costs exceed the pre-accident value of the vehicle. The vehicle can go back on the road if repaired.
- Category D write-off - The vehicle is repairable; however, the insurer has chosen not to repair the vehicle for economic reasons. In most cases this is due to the high possibility of further damages coming to light if sent for repair. The vehicle can go back on the road if repaired.
For more information, see the RSA website - written-off vehicles.
What should you do if you suspect you have bought a clocked or crashed car?
If you believe your car has been clocked or previously crashed:
- Get a mechanic or independent assessor to check the car and its history.
- Report the issue to the CCPC as soon as possible via our report a clocked or crashed car form.
- Provide as much evidence as possible, such as invoices, correspondence, and details of adverts or descriptions.
Note: The CCPC cannot investigate suspected clocked or crashed cars if you have owned the vehicle for more than three years.
For more information, read the Reporting car crime guide for consumers.
Making a complaint to the CCPC about a clocked car
If you make a complaint to the CCPC, will they open an investigation into your case?
The CCPC is not an Ombudsman, and does not take cases on behalf of individual consumers. The CCPC’s role is to investigate and prevent car crime in the State. If we investigate your complaint and the case goes to court, you will be acting as a witness in the CCPC’s case. The CCPC is not taking a case on your behalf.
If you make a complaint to the CCPC, will you get my money back?
Unfortunately, there is never a guarantee that you will get your money back, although car dealers who are investigated by the CCPC often do refund consumers. If the CCPC brings a criminal prosecution against the car dealer in the District Court and you are a witness, then the Court may approve a compensation order in your case.
Why should you make a formal complaint when you might not get my money back?
While a refund is not guaranteed, your complaints make the CCPC aware of dealers who may be breaking the law. This information could lead to a number of actions being taken by the CCPC against the dealer, including:
- carrying out unannounced inspections and searches at the car dealership and serving them with a compliance notice
- getting agreement from the dealer to end certain practices
- taking a court case against them
Your complaint will help us to warn other people about the car dealer. It will also inform us about car dealers who may be putting consumers at risk and help future investigations.
What happens if my complaint is investigated by the CCPC?
If the CCPC investigates your complaint, you will be asked to give a witness statement. A witness statement is needed in order to progress an investigation. It sets out all the details of the transaction and all of your contact and interaction with the dealer.
Your witness statement may be used to start a full criminal investigation. It will be really helpful to the investigation if you can give us as much detail as possible in your witness statement.
What is a witness statement and what is involved in making it?
A statement is a written record of your evidence. When you make a statement:
- You will meet with an Authorised Officer of the CCPC, usually in person.
- You will tell us about your experience of buying the car - from when you first became aware of the car for sale, when and how you bought the car, and what happened up to the time of your complaint.
- The Authorised Officer will look for any available documents you have related to buying the car to help the investigation. Ideally, you will have them with you when you come to make a statement.
- You will be asked to sign a declaration to say that any information you have given is true, to the best of your knowledge.
What information and documents will you need for the witness statement?
The Authorised Officer of the CCPC will ask you for original documents that will help the investigation. This may include documents about:
- The make and model of the car
- The dealer’s address and contact details
- The date you bought the car
- Receipts and financial records
- Registration and insurance details
- The current mileage - photograph of the dashboard if possible
- Details and documents related to any NCTs carried out
- Any communications with the dealer, such as emails or text messages.
- Any other documentation which may help the investigation
Why is the date you bought the car important?
In most cases, the CCPC can only investigate a complaint if you bought the car within the last three years. The date that you bought the car will tell us when the alleged offence is likely to have taken place.
Does this mean that you might have to go to court and the dealer will know about your complaint?
If a decision is made to prosecute the dealer, you will be:
- Required to attend court
- Called to give evidence in court
- Asked questions that you will have to answer truthfully This means the dealer will be aware of the complaint.
Authorised Officers of the CCPC will guide you through the process and support your attendance at court. You will be able to claim reasonable costs that you have to pay to attend court.
More information about going to court as a witness is available on the Director of Public Prosecution’s website.
Will you have to identify the car dealer and give his/her contact details?
You will be asked to describe what they look like, the location of the dealership and any other information that can help identify them and their business.
Do you need to keep the car for the court case?
If you still have the car, the CCPC may want to inspect it. However, we understand that it may not be possible to keep it for a long time just for the court case. If you are getting rid of the car for any reason, we would ask you to tell us before you do, as it may impact the case.
Is there any other information you should give?
Yes, the CCPC may ask you for further information about the car. For example, did your local garage inspect the car and find it was crashed before, or that its mileage was tampered with?
In cases like this, we will contact the garage to confirm their findings. To build the best possible case, the Authorised Officer will interview all relevant witnesses, gather all available evidence and may interview the car dealer.
If you have contacted a solicitor who has offered to help, will this affect or help the CCPC’s investigation?
It won’t affect the CCPC’s investigation but you should tell your solicitor that you have made a complaint to the CCPC. Also, let us know if your solicitor has taken any legal actions or steps on your behalf relating to the complaint, including claims, compensation or litigation.
What happens after an investigation into a clocked car?
After investigating, the CCPC will decide on the most appropriate action. There are a number of options available to the CCPC including an Undertaking, a Compliance Notice, or a criminal prosecution in court. In some cases, after investigating all of the facts, the CCPC may decide there is not enough evidence to take any enforcement action.
What is a Compliance Notice?
A Compliance Notice is a legal notice issued by the CCPC to a dealer. It tells them to carry out certain actions, or to stop practices that are not allowed. Compliance Notices are published on the CCPC’s website, in the CCPC’s annual report and in our Consumer Protection List. If a car dealer does not obey a Compliance Notice, this is a separate criminal offence. Compliance Notices also help other consumers by bringing attention to a dealer’s consumer protection law breaches.
What is an Undertaking?
An Undertaking is a formal agreement between a dealer and the CCPC where the dealer agrees to fix any wrongdoing and commits to not breaking consumer protection law in the future.
How will you know if you have to go to court?
The Authorised Officer will update you on how the investigation is going. They may come back to you with follow-up questions. The Authorised Officer will let you know if the CCPC decides to prosecute the dealer.
If you have to attend court, you will receive a witness summons which will include the date, time and location of the court sitting.
We try to notify witnesses as far in advance of court dates as possible to make sure they are available. However, it is up to the court to decide when sittings take place. It is important to know that if you are a witness in a case before the courts, you must attend court.
How long will the process take?
At the end of an investigation, the CCPC will decide whether or not to prosecute the dealer. If we decide to prosecute the dealer, a case is brought before the District Court. Once again, it is up to the court when a case will be heard so the length of the process can vary from case to case. But the Authorised Officer will keep you updated on the progress of the case.
Will you be given any assistance or help before being called to give evidence?
The Authorised Officer will go through your statement with you on the morning of the court sitting. When you are giving evidence, all you need to do is tell the truth. Some courts give help to victims of crime, but this is usually only the higher courts for more serious crimes.
Can you bring a solicitor to represent you at the trial?
You do not need your own solicitor to represent you at the trial. However, if you wish you can bring your own solicitor, at your own expense, but they cannot take part in the hearings. The case is brought by the CCPC and you are a witness in the case.
I work Monday to Friday. If I have to take the day off, will I be compensated for loss of wages, and will I receive expenses?
If you lose earnings as a result of having to appear in court, you can claim for lost wages and travel and subsistence at public sector rates from the CCPC, to cover your costs on the day. You will need to have a letter from your employer showing your loss of earnings.
What happens if the car dealer decides to refund you after you make a statement or before the trial?
Throughout the investigation, you should let the Authorised Officer know if any of your circumstances change. This includes being offered a refund or any further contact with the dealer. If the dealer contacts you as a result of the investigation or prosecution, tell the Authorised Officer without delay. A refund will not prevent a prosecution.
If the car dealer is found guilty by a court, will you get my money back?
If a dealer is convicted in court, the judge may sentence them to up to six months in prison, a maximum fine of €4,000, or both. Repeat offenders could face stricter sentences.
Following a guilty verdict, the CCPC may apply to the court for a compensation order. This is a sum of money paid to the consumer to cover any loss or damage they have suffered.
However, it is up to the court to decide whether to make a compensation order and is decided by the court on a case by case basis.
If the car dealer is found guilty and ordered to pay a refund to you, how will you get the money?
If the judge makes a compensation order, the Court will decide how the payment should be made, and by when. If the dealer fails to pay by the agreed time, you can give a copy of the order to the District Court, or the Circuit Court if the value is above a certain amount. This is called registering a judgement, where it is made public that the dealer owes you money. You should know:
- Registering a judgement does not directly enforce the judgement.
- It publicises the fact that there is a judgement against the dealer and means it is unlikely they will be able to borrow money.
- Before you register the judgement, you must tell the dealer that you are going to register it and give them a chance to pay the debt.
- You should send a registered letter to the dealer giving them the date you are planning to register the debt unless it is paid.
- Once the judgement is registered, a judge will look at all the facts and ask the dealer to pay in the most appropriate way, such as in instalments or a charge against a property.
You will be given a copy of the court order to help you and you should also talk to a solicitor. The CCPC cannot give you legal advice or get this money for you.
Do you have any other options to get your money back if there is no compensation order?
Yes, you can choose to bring your case to the civil courts. This usually means hiring a solicitor and taking a case against the car dealer yourself.
The CCPC cannot advise or assist you with a personal civil action. Citizens Information may be able to offer you help for civil claims. You should get your own legal advice to see if you can make a civil claim.
