A Warwick/ Leamington Spa garage that failed to remove or examine the wheels or tyres of a Renault Clio that was being serviced at a cost of £449.95 has been fined £4000 and ordered to pay costs of £5,236.95 following a successful prosecution by Warwickshire County Council Trading Standards Service.
On 8th February 2007 Trading Standards Officers put a Renault Clio in for a service at the Sutton Park Motor Company Ltd’s Warwick/Leamington Spa branch on Athena Drive Tachbrook Park.
When the vehicle was returned it was checked by an expert vehicle examiner who was able to determine that the wheels had not been removed or the tyres examined. Sutton Park Motor’s technician had therefore been unable to spot that the front brake pads were worn down by 75%, the rear brake shoes by 50%, a leaky rear wheel cylinder or that the tyres and spare tyre were deflated.
Nevertheless, the technician in his report to the customer stated that the front brake pads were 60% worn, and the rear brake shoes had no wear. None of the other issues surrounding the wheels and tyres were mentioned at all.
At Warwick Crown Court on Friday 22nd February 2008, His Honour Judge Hodson, hearing the case, stated that that in his opinion ‘matters connected with brakes are important as the consequences of defective or worn brakes make one shudder when one thinks about them’.
Sutton Park Motor Company Ltd pleaded guilty to one offence under the Trade Descriptions Act 1968 and was fined £4000 and ordered to pay costs of £5,236.95 and the now standard £15 victim surcharge. His Honour Judge Hodson had stated that ‘a conditional discharge [which the defence had asked for] is entirely inappropriate and does not meet the gravity of the offence. The defect is the employees but the company should have provided more supervision and this is accepted in their basis of plea.’
Mark Ryder, Head of Warwickshire Trading Standards Service, commenting on the case said:
“Warwickshire Trading Standards are satisfied with the outcome of this case and wholeheartedly agree with the judges comments.
His Honour Judge Hodson stated clearly that in car servicing cases the customer generally has no technical knowledge and has to rely very much on the garage for proper servicing and it is therefore necessary to punish any garage by fine whatever their background to ensure that all garages are kept on their toes and aware of the consequences.
Trading Standards will continue to monitor the car servicing industry in Warwickshire to protect consumers.”
Counsel for the defence stated that the Defendant acknowledged that ‘in the light of [the technician's] identified mistakes, in relation to which he was due to be disciplined, it would have been a reasonable step to have paid particular attention to his work insofar as it was concerned with wheels/brakes. Against this background a guilty plea is entered which is confined to the failures connected with the Clio's wheels and brakes.’
His Honour Judge Hodson stated that the company was otherwise exemplary.
- Warwickshire County Council were represent by Tony Watkin of St Ives Chambers.
- The Sutton Park Motor Company Ltd were represented by Bernard Thorogood of No. 5 Chambers, Birmingham.
- The Trade Descriptions Act 1968 make it an offence to This Act makes it an offence if a trader –
a. Applies a false trade description to any goods; or
b. Supplies or offers to supply any goods to which a false trade description is applied; or
c. Makes certain kinds of false statement about the provision of any services, accommodation or facilities. |