{"id":23008,"date":"2019-02-21T13:57:54","date_gmt":"2019-02-21T13:57:54","guid":{"rendered":"https:\/\/www.ccpc.ie\/business\/?p=23008"},"modified":"2019-05-31T14:21:19","modified_gmt":"2019-05-31T13:21:19","slug":"galway-car-trader-receives-4-month-suspended-sentence","status":"publish","type":"post","link":"https:\/\/ccpc.inventise.ie\/business\/galway-car-trader-receives-4-month-suspended-sentence\/","title":{"rendered":"Galway car trader receives 4 month suspended sentence"},"content":{"rendered":"

Galway car trader Kevin McGann, previously trading as KMM Motors, Claregalway Road, has been convicted of providing a consumer with false information in relation to a car. Today\u2019s conviction follows an investigation by the Competition and Consumer Protection Commission (CCPC). Mr McGann was given a four months sentence, which was suspended on the condition that a \u20ac7,405.85 compensation order was paid in the next six months to the consumer who bought the car. Mr McGann was also ordered to pay \u20ac9,500 to cover the CCPC\u2019s full legal and investigation costs. This is the motor trader\u2019s second conviction for a similar offence.<\/p>\n

The CCPC opened an investigation following a complaint from a consumer that they had bought a crashed car, which had been imported from the United Kingdom, and were not told about its crash history and were also provided with false information regarding the existence of a warranty. The CCPC\u2019s investigation sought to determine whether Mr McGann had engaged in a misleading commercial practice, which is an offence under the Consumer Protection Act 2007. <\/p>\n

Commenting, Isolde Goggin, Chairperson of the CCPC said, \u201cAs recognised by Judge John King in his sentencing today, misleading a consumer about the history of a car is a very serious offence. Not only can it be costly but critically, it can be dangerous.<\/p>\n

Consumers need to be able to rely on accurate information from car dealers in relation to a vehicle\u2019s roadworthiness and its history, including mileage. Mr McGann\u2019s conviction is a strong reminder to all car traders that if you mislead consumers or provide consumers with false information about the history of a car or inclusion of a warranty, you are liable to a criminal prosecution. <\/p>\n

The CCPC has investigated and taken enforcement action against a number of traders in relation to the sale of clocked or crashed cars where such information was not disclosed to the consumer. Last year, we carried out a number of unannounced inspections at motor garages around Ireland which resulted in eight enforcement actions against traders who were in breach of consumer law. Over the coming months we will be conducting further unannounced inspections across the country and we will use our powers to challenge and take enforcement action against traders found to be misleading consumers.\u201d<\/p>\n

Additional Information<\/h4>\n

Mr McGann was previously convicted of a similar offence in 2008. Following an investigation by the National Consumer Agency (NCA), Mr McGann, then trading as Kilgarve Cars, was convicted of providing false information in relation to a car\u2019s mileage at Ballinasloe District Court. The prosecution taken by the DPP on behalf of the NCA for an offence in contravention of the Merchandise Marks Act 1887 as amended by the Consumer Information Act 1978.<\/p>\n

2018 Motor Sector Enforcement Action<\/h4>\n

A compliance notice is a written notice directing them to remedy the relevant contravention of consumer protection legislation. <\/p>\n

Compliance Notices were served on the following car traders in 2018 for engaging in misleading commercial practices by providing false information in relation to the main characteristics of a motor vehicle:<\/p>\n