NCA secures prohibition order against Limerick car dealership
17 February 2010
The National Consumer Agency yesterday (16 February 2010) secured a Prohibition Order against Favourite Motors Ltd, car dealers with premises at Ballysimon Road, Limerick, before Judge Moran sitting at Limerick Circuit Court.
The proceedings followed attempts by the Agency to secure an Undertaking wherein Favourite Motors Limited would desist in selling or offering for sale motor vehicles with altered or reduced odometer readings. The action followed investigations carried out by authorised officers of the NCA arising from complaints from affected consumers.
Under powers vested in it by the Consumer Protection Act 2007, the NCA has a number of civil and criminal remedies available to pursue traders suspected of acting in breach of provisions of the Consumer Protection Act 2007.
The NCA initially sought an Undertaking from Favourite Motors Limited. Having failed to secure this, the NCA proceeded to seek a Prohibition Order from the Circuit Court, given the seriousness with which the NCA views the unfair commercial practice involved in selling or offering for sale cars that have been clocked.
In addition to the Prohibition Order, costs were also awarded against Favourite Motors Limited.
Commenting on the proceedings, Ann Fitzgerald, Chief Executive of the NCA, said: "Our application for a Prohibition Order reflects the seriousness with which we take the offering for sale of clocked cars to consumers.
"The NCA invested significant resources and time into this investigation and will continue to exercise all of the remedies at its disposal in defence of the rights of consumers. This should convey a strong message to traders involved in or in contemplation of actions which may fall foul of consumer law."
A prohibition Order is a strong consumer protection measure provided for pursuant to s71 of the Consumer Protection Act 2007. The present Order prohibits the respondent from selling or offering for sale motor vehicles with altered or reduced odometer readings, contrary to s42 CPA 2007.