Prosecution - Greenhill Motors Limited

Enforcement type:
Prosecution
Date:
18 June 2024
Relevant legislation:
Two breaches of section 43(1), 43(2), and 43(3)(d) of the Consumer Protection Act 2007, which are offences under section 47 of the same act. An offence under regulation 7(3) of the European Communities (General Product Safety) Regulations 2004.
Entity/Individual:
Greenhill Motors Limited
Trading as:
Greenhill Motors
Trading address:
Unit 68 Boyne Business Park, Drogheda, Co. Louth
Type of business:
Used car sales
Court date:
18 June 2024
Summary:

The case concerned the initial sale of a 2012 Mazda 6 from Greenhill Motors Limited in August 2021. The vehicle had been purchased by Greenhill Motors Limited at an auction in July 2021.

Following persistent problems, the consumer brought the car to a mechanic who said the Diesel Particulate Filter (DPF) was missing. He returned the vehicle and received a full refund.

In November 2021, another consumer purchased the same car from Greenhill Motors Limited, having seen the car advertised on Donedeal.ie. This consumer bought the car following assurances that the car was in perfect condition, that it had not been a taxi and, that it had not been crashed.  About two weeks later, the consumer took the car to a mechanic who advised him that the car would not pass an NCT. After contacting Greenhill Motors Limited and paying an independent engineer to assess the car, the car was returned to Greenhill Motors Limited and a full refund was secured.

At an inspection by the CCPC, a salesperson at Greenhill Motors Limited responded to a series of questions and was subsequently interviewed under caution. The salesperson denied knowledge of the missing DPF and the deficiencies with the vehicle.

The CCPC alleged that Greenhill Motors Limited had misled or deceived the consumer in relation to the risks presented by mechanical deficiencies relating to the car and the requirement to replace the DPF in breach of section 43 of the Consumer Protection Act 2007. A further summons alleged that Greenhill Motors Limited had sold a dangerous car contrary to Regulation 7(3) of the European Communities (General Product Safety) Regulations 2004.

Handing down the sentences, Judge Eirinn McKiernan underscored the dangers of selling defective vehicles and convicted Greenhill Motors Limited of an offence under section 43 of the Consumer Protection Act 2007 and fined it €4,000 plus costs €5,535.

Greenhill Motors Limited did not attend court.

Media enquiries: communications@ccpc.ie

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