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Car dealer says he did nothing wrong despite pleading guilty to misleading consumer

Chester T. Dean March 12, 2022 3 min read

A Dublin-based car dealer who pleaded guilty to misleading a consumer regarding a car’s history has insisted the whole process was ‘nonsense’ and that he had done nothing wrong.

ergus O’Donnell of Inclusive Car Sales, Park West Industrial Park, Dublin 12, benefited from the Probation Act after pleading guilty in Dublin District Court.

The result is the result of a thorough investigation by the Competition and Consumer Protection Commission (CCPC).

O’Donnell was investigated by the Competition and Consumer Protection Commission (CCPC) following the sale of a 2010 Fiat 500 by his company.

Mr O’Donnell had purchased the car in the UK in May 2017 and imported it to Ireland in or around June 2017.

The car was purchased on July 1, 2017 for €5,350.

Following the purchase of the car, it broke down while the consumer was driving.

The consumer took it to a mechanic who identified problems with the vehicle, namely problems with the power steering.

The SPCC claimed that the ownership of the car was not accurately advertised or disclosed and, furthermore, the vehicle’s mileage was found to be understated by approximately 5%.

The CCPC alleged that Mr O’Donnell had therefore committed or engaged in a deceptive marketing practice within the meaning of section 43 of the Consumer Protection Act 2007 (CPA 2007).

“Under consumer protection law, it is an offense for traders to give false, misleading or misleading information about a car’s history,” the CCPC said in a statement. “Unless otherwise specified, a car dealer must perform due diligence, including car history checks, before offering a car for sale to a consumer.

“Consumers should be informed if the car has ever been involved in a car accident, has been registered as ‘wrapped’ insurance or has the wrong mileage.

CCPC’s Úna Butler added: “Misleading a consumer is a very serious offense and merchants who do not provide complete and accurate information are subject to criminal prosecution by the CCPC.

“The CCPC is and will continue to be very active in this sector. We encourage any consumer who believes they have been misled by an automotive trader, or indeed any trader, to contact us.

Mr O’Donnell pleaded guilty in Dublin District Court and Judge Halpin applied probation law. The court took into account that the merchant had fully compensated the consumer and paid the costs to the SPCC.

Speaking to sundayworld.com, Mr O’Donnell insisted he had ‘done nothing wrong’ and described the €5,350 price of the car as ‘bike money at to push”.

“You would pay that price for a good push bike,” he said. “She (the consumer) got a good deal. I did not do anything wrong.

I think the judge was fair, but I think it was a waste of taxpayers’ money.

“It took five years to go through the courts. It was a waste of time. In the end, I gave a guilty plea and gave it only from the perspective that my time was more important.

“I didn’t want to drag this down the road for another two years or whatever in order to put the case to bed.

“Actually, I think it was a successful day. I consider this a victory. Because, if you look at it from my perspective, (over time) getting lost between lawyers and courts.

“No convictions have been pronounced,” he added. “I got the probation deed, which is not a conviction and no sentence was given.

“I have been selling cars for 20 years and this is the first time I have been in court in 20 years.

“We started in Park West and we grew our business,” he added. ” We are doing very good. In total, we probably sold 10,000 cars.

“So it was nonsense, absolute nonsense. It was nitpicking, that’s what it was.

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