Dublin car dealer fined over misleading sales

A Dublin car dealer has been spared a six-month jail sentence and was fined €4,000 for selling two previously crashed vehicles.

Brian Fassnidge, aged 38, formerly operating at Motorcity Naas Rd, Dublin 22, was prosecuted on four offences under consumer protection legislation in relation to two cars that were not roadworthy.

He was convicted under the Consumer Protection Act 2007 of misleading consumers in relation to the sale of crashed cars. He was also found guilty of breaching the General Products Safety Directive of supplying a dangerous product, the first conviction under that directive.

His conviction is a result of a prosecution brought by the then National Consumer Agency, now called the Competition and Consumer Protection Commission (CCPC).

At Dublin District Court yesterday, Judge John O’Neill heard that Fassnidge has paid back €14,750 to the two customers and has lost his business.

Evelyn Galvin, an officer with the CCPC, told Carl Hanahoe, prosecuting, the first buyer purchased a car for €2,500 in January 2012. He was told it was fully serviced and given an NCT guarantee.

Ms Galvin agreed with Mr Hanahoe that the Hyundai began to give trouble and, in February 2012, it was examined by an expert who “came to the conclusion the vehicle had been crashed and repaired”. The examiner “condemned the vehicle” and “described how he became trapped in the vehicle”.

In May 2012, a customer bought a ’10-reg Skoda Octavia for about €12,000. Fassnidge “explicitly referred to him that the vehicle had not been crashed and repaired”. Afterwards, the buyer became concerned and got the car examined by a motor assessor who condemned the vehicle and stated it was not roadworthy. The chassis had been “significantly damaged and not repaired correctly”.

Both customers tried to engage with him “but were given the long finger, the runaround”. Eventually they had to engage a solicitor and also contacted the consumer watchdog.

Their investigation revealed the car had been involved in a “significant accident and had been written-off, and had been transferred through various salvage yards”. It had 65,000km on the clock but, when sold by Fassnidge, this had been reduced to 33,000km.

Defence counsel said Fassnidge had lost his business as a result of adverse publicity from the prosecution and he complied with the court’s order to refund the two consumers.

Judge O’Neill convicted him and ordered the fine be paid within six months or Fassnidge would be jailed for 14 days. He must also pay the prosecution costs of €10,000 as well as €500 to each of the two car buyers for consequential costs they incurred.