Car company director guilty of selling dangerous vehicle
A car company director, in Rhondda Cynon Taf has been fined for selling an unsafe vehicle and potentially endangering life.
Mr Tahir Karim, director of Aberdare Motors Ltd, has been caught and held accountable for misleading customers and presenting and unsafe, dangerous vehicle for sale.
In October 2023, Mr Karim supplied and delivered the dangerous and incorrectly described Nissan Micra to a consumer at their home.
When the customer made their first short journey in the ‘new’ car a warning light instantly appeared, after restarting the vehicle the light was no longer displayed.
However later the same day the customer made another short journey where they noticed there was an issue with the vehicle as it would not drive over 30 mph, making a whirring noise and the brakes appeared slow to respond. The engine light and temperature lights came on halfway up a hill. The vehicle started to smoke, it then cut out and started to roll backwards; the customer then found that the footbrake would not stop the vehicle and so they had to apply the handbrake. The vehicle was blocking the road in rush hour and so the police were called who advised the driver to Contact Aberdare Motors Ltd.
The customer contacted Aberdare Motors Ltd and spoke to Tahir Karim, the director, who informed them to open the bonnet and push down on the two metal springs to restart the battery. It started but cut out again. Mr Karim then stated he would call back the following day. The customer was upset and that they had informed Mr Karim that they did not want to keep the car, but he ended the call. With the help of the police and members of the public the car was rolled into the train station car park.
The ’new’ car had done less than 20 miles since delivery and could already have caused a serious accident. The car was examined by an expert witness in the train station car park, and it was found that the offside front suspension strut coil spring was fractured at the lower portion, and this would render the vehicle to be in an un-roadworthy and dangerous condition.
In addition to this the company failed to provide the customer with any pre contract information regarding cancellation rights which is a requirement of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. It was also discovered that the vehicle supplied had a different mileage and engine size to that, that was advertised online. Resulting in misleading actions under The Consumer Protection from Unfair Trading regulations 2008.
Despite all this, Mr Karim failed to reach an agreement with the customer and left them with left no alternative, other than to contact Citizens Advice who then referred the safety concerns to Rhondda Cynon Taf Council’s Trading Standards Department.
When the Council’s Trading Standards Officers were alerted to the issue Mr Karim, Director of Aberdare Motors Ltd. was invited to attend an interview to discuss the concerns raised. Mr Karim declined the interview and to work with the team in relation to the issues.
Mr Karim was then ordered to appear before Merthyr Magistrate Court where he personally pleaded guilty to THREE charges – TWO of which were Contrary to the Consumer Protection from Unfair Trading Regulations 2008 in relation to descriptions that Mr Karim had applied to a motor vehicle which were false and the third and final charge was contrary to the General Product Safety Regulations 2005, as amended by Regulation 12 of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 AND by virtue of Regulation 31(2) of the General Product Safety Regulations as Mr Tahir Karim is guilty of that offence by reason of it having been being committed with his consent, connivance or neglect.
Mr Karim was fined a total of £799 – Fine £582, plus £233 Victim Surcharge.
Councillor Bob Harris, Cabinet Member for Public Health and Communities, said:
“This is a shocking case, that could have had disastrous consequences. Fortunately, in this incident nobody was hurt, but this is largely due to the consumers quick actions and the fact that only a short journey was undertaken – if this had happened on a motorway, we may have seen a far more serious outcome. Car garages have a huge responsibility to ensure that the cars they present for sale are safe, roadworthy and described accurately. In this case none of this was followed by Mr Karim.
“It is vitally important that anyone owning or running a business makes themselves familiar with consumer legislation and acts responsibly.
“I’m pleased that the magistrates recognised these offences, and that the director was held accountable for his actions.
“Our trading standards team will always investigate concerns raised by the public and are always here to help consumers get justice and hopefully prevent any further issues arising.”
For more information on Trading Standards, Weights and Measures and Consumer Advice please visit www.rctcbc.gov.uk/TradingStandards.
You can also report Illegal Activity within RCT by using the online form.