Clocked car prosecution serves as a reminder to the motor trade

Shropshire Council’s public protection service is reminding the motor trade about their responsibility not to defraud consumers.  Traders must ensure that descriptions applied to motor vehicles are entirely accurate and consumers are not misled in any way. 

The advice follows a successful prosecution where Shropshire Council brought a case against Zahirul Islam (also known as Jofrul Islam), 30, from London (formerly from Northampton), who advertised ‘clocked’ cars, one of which was purchased by a Shropshire consumer.  Islam made false representations in respect of the mileages travelled by the vehicles intending to make a financial gain by selling the vehicles at a higher price than they were actually worth. 

Islam advertised the cars with significantly reduced mileages, and after a lengthy and complex investigation he pleaded guilty to two offences under the Fraud Act 2006.  On 26 February 2014, in Shrewsbury Crown Court, Islam was sentenced to 20 weeks imprisonment for each offence (to be served concurrently) suspended for 2 years, plus 200 hours of unpaid work (100 hours per offence).  In addition, Islam was ordered to pay the full costs of bringing the case, which totalled £1,628, as well as compensation of £4,600 to the purchaser of the Mercedes; the compensation figure was the difference in the price paid by the consumer and the price that was paid for the car at auction less than a month before it was sold.  Islam was further ordered to pay the total amount of £6,228 within 14 days. 

Public protection officers received a complaint in February 2012 from a consumer who had purchased a 2008 registration Mercedes C220 after having seen it advertised on the Autotrader website.  The advert clearly indicated that the car had done 39,000 miles.  The car was purchased at an address in London for a price of £12,200 with 39,000 miles indicated on the car odometer. 

Shortly after purchasing the car, the consumer became suspicious as the brake warning light came on the dashboard.  Enquiries that he was able to make suggested that the car mileage had been substantially altered.  All his attempts to contact the seller of the car to request his money back were unsuccessful; as a result he contacted Shropshire Council’s public protection service. 

Officers were able to obtain evidence that the Mercedes had been sold at auction in January 2012 with over 123,000 recorded miles – meaning its mileage had been falsely reduced by 84,000 miles before it was advertised and sold on to the consumer.  In the course of the investigation, it was discovered that a second car – a Ford Mondeo – had also been purchased at auction with over 110,000 recorded miles.  When this Mondeo was advertised it was with a mileage figure of 44,000 miles. 

When Islam was sentenced, reference was made to his planned and deliberate dishonesty for financial gain, which was significantly compounded by his complete lack of co-operation during the investigation; this made the whole process far more difficult, lengthy and expensive than it needed to be.  

Frances Darling, service manager for safer and stronger communities within public protection, said: 

“I echo the comments made by the Court and am extremely pleased that the high level of criminality involved in this case was fully recognised.  We take such matters very seriously, hence the reason for investigating and taking the decision to prosecute.  I am particularly encouraged by the Court’s support for the decisions we have made.  Islam acted with deliberate dishonesty and with only one intention – to make substantial profits by defrauding and deceiving unsuspecting consumers.  This case and the sentence handed down should serve as a warning to anyone thinking of ‘clocking’ a car or any other vehicle.”   

Steve Charmley, Shropshire Council’s Cabinet member responsible for public protection, commented: 

“Other than a house, buying a car is for most people the second largest purchase they are likely to make.  A key element for the public is being confident that what they are buying is accurately described and that they can trust those who are selling products or services.  When offenders like Zahirul Islam deliberately break that trust, it is only right that they are pursued wherever possible, through the courts if necessary, in order to protect consumers from being exploited and to maintain a fair trading environment for reputable traders who make a significant contribution to the local economy.” 

Consumers who have concerns about any product or service where they feel they have been misled by a description or defrauded in any way should contact the Citizens Advice consumer helpline on 08454 04 05 06, with whom Shropshire Council works in partnership. 

Shropshire-based traders who wish to seek further advice on their consumer protection legal obligations can do so by contacting public protection’s business support and locality working team on 0345 678 9000; general business advice and support can be found on the council’s website at http://shropshire.gov.uk/business/.