Carmarthen motor trader pleads guilty
A Carmarthen trader has appeared before Ammanford Magistrates Court on Monday charged with selling a second-hand vehicle in a dangerous condition.
Donato Antonio Ozzati, who trades as Carmarthen Car Centre, Penguin Court Garage, Cwmffrwd, Carmarthen, pleaded guilty on Monday to an offence under the General Product Safety Regulations 2005.
The court heard that a customer had negotiated the purchase of a Kia Sedona vehicle in November 2008, on the basis of a description of an ‘outstanding vehicle with service history’.
A new MOT was carried out before supply, but immediately afterwards the customer discovered problems with the steering and braking system on the vehicle. Having returned the vehicle to the garage under complaint the faults seemed to remain, which led to an independent expert examination of the vehicle which concluded that it was in a dangerous condition. Repairs totalling £1,229.45 were necessary to make the vehicle roadworthy.
A subsequent investigation by Carmarthenshire Trading Standards revealed that very few checks had been carried out on the vehicle before its supply. The court heard that the MOT test had initially resulted in a failure due to a leaking power steering pipe and advice on the poor conditions of the braking system. It later transpired that the repairs to the power steering pipe had been done with insulating tape rather than the correct replacement of the part.
In mitigation the court was told that the incident was regrettable and that Mr Ozzati was now keen to work with Trading Standards and introduce new procedures to help prevent any recurrence of such events.
Ozzati had taken the view that an MOT was sufficient proof of the safety of a vehicle, but now fully understood that he had a responsibility to carry out safety checks prior to any offer to sell a vehicle. In pleading guilty he had fully accepted responsibility and made an offer to fully compensate the consumer for the costs incurred, the court was told.
Ozzati, of Bronallt Road, Pontarddulais, was fined £2,000, ordered to pay £863.90 costs and compensation of £1,229.45. This is to be paid at a rate of £200 per month.
Trading Standards Manager Roger Edmunds said: “We have a strict policy in terms of our enforcement of the quality of second hand vehicles being offered for sale. The potential consequences for any user could be fatal.
“This case highlights the problems that can exist when insufficient care and attention is given to a traders responsibility regarding the safety of vehicles.”
Council executive board member for social care and housing Cllr Hugh Evans said: “I hope that the outcome of this case will serve as a warning to other such traders that we will not hesitate to act where the potential safety of consumers is endangered.”
Donato Antonio Ozzati, who trades as Carmarthen Car Centre, Penguin Court Garage, Cwmffrwd, Carmarthen, pleaded guilty on Monday to an offence under the General Product Safety Regulations 2005.
The court heard that a customer had negotiated the purchase of a Kia Sedona vehicle in November 2008, on the basis of a description of an ‘outstanding vehicle with service history’.
A new MOT was carried out before supply, but immediately afterwards the customer discovered problems with the steering and braking system on the vehicle. Having returned the vehicle to the garage under complaint the faults seemed to remain, which led to an independent expert examination of the vehicle which concluded that it was in a dangerous condition. Repairs totalling £1,229.45 were necessary to make the vehicle roadworthy.
A subsequent investigation by Carmarthenshire Trading Standards revealed that very few checks had been carried out on the vehicle before its supply. The court heard that the MOT test had initially resulted in a failure due to a leaking power steering pipe and advice on the poor conditions of the braking system. It later transpired that the repairs to the power steering pipe had been done with insulating tape rather than the correct replacement of the part.
In mitigation the court was told that the incident was regrettable and that Mr Ozzati was now keen to work with Trading Standards and introduce new procedures to help prevent any recurrence of such events.
Ozzati had taken the view that an MOT was sufficient proof of the safety of a vehicle, but now fully understood that he had a responsibility to carry out safety checks prior to any offer to sell a vehicle. In pleading guilty he had fully accepted responsibility and made an offer to fully compensate the consumer for the costs incurred, the court was told.
Ozzati, of Bronallt Road, Pontarddulais, was fined £2,000, ordered to pay £863.90 costs and compensation of £1,229.45. This is to be paid at a rate of £200 per month.
Trading Standards Manager Roger Edmunds said: “We have a strict policy in terms of our enforcement of the quality of second hand vehicles being offered for sale. The potential consequences for any user could be fatal.
“This case highlights the problems that can exist when insufficient care and attention is given to a traders responsibility regarding the safety of vehicles.”
Council executive board member for social care and housing Cllr Hugh Evans said: “I hope that the outcome of this case will serve as a warning to other such traders that we will not hesitate to act where the potential safety of consumers is endangered.”
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