27 August 2005 Latest News
Consumer chief condemns car clocking sentence

THE HEAD of Fife’s trading standards service has criticised as lenient a sentence imposed on a serial car clocker, branding it a “kick in the teeth” for consumer protection.

Neil Edwards claimed justice had not been done after car dealer Alexander McTavish was sentenced to 200 hours’ community service at Kirkcaldy Sheriff Court yesterday for clocking three cars and selling them to customers.

The three Audis had jointly lost over a quarter of a million miles from their mileometers.

One car alone had lost a staggering 151,000 miles.

McTavish (50), of Craig Court, Burntisland, admitted the three offences which happened between May and October last year, along with a fourth charge of supplying a Toyota Hi-Lux pick-up truck to a Shetland man with the false description “immaculate condition” when there were in fact a large number of faults.

These included brake discs which were worn to a dangerous condition, different-sized tyres on the rear axle, corroded brake and fuel pipes, broken lights, oil leaks and body corrosion.

McTavish, who traded as ATG 4x4 at Auld Toll Garage, Sea Road, Methilhill, also pleaded guilty to trading without a secondhand dealer’s licence.

He previously owned Burntisland-based Kirkton Motors which was destroyed by fire in 1998, six months before he was thrown out of the Scottish Motor Trade Association for bringing the trade into disrepute.

He has several previous convictions for clocking cars and has spent time in jail as a result.

Solicitor Nigel Cooke told the court McTavish had thought that if he displayed a sign on vehicles indicating that mileometer readings may not be correct unless otherwise stated he would not be breaking the law.

He added that the accused’s dealer’s licence had expired in 1999 and he had never reapplied, but had thought his business partner had applied for a licence.

Mr Cooke said McTavish now suffered ill health, adding, “He tells me he is no longer trading in any way, shape or form and won’t be in the future so there will be no repetition of offences.”

The fact that Sheriff Paul Arthurson only imposed community service and failed to award compensation to any of McTavish’s victims was described as “disappointing” by Mr Edwards.

“We are extremely concerned that someone who has conducted such terrible transactions and has got a previous record for this sort of thing has not been punished in a financial manner, and the people who bought the cars have got no compensation as a result,” he said.

“It’s a kick in the teeth for consumer protection.

“The investigation has taken quite a long time with the commitment of a number of officers and we don’t feel that justice has been done.”

Mr Edwards said motor traders had a responsibility to trade fairly and supply accurately described vehicles to their customers, and added, “This dealer has not done so and has not been financially punished for flouting the law.

“Cars are some of the most expensive items we buy. Consumers need to be confident that when they buy a vehicle it is truthfully described and that they are dealing with a bona fide dealer who is licensed by the council.

“Consumers need to know that once the deal has been made, if they have problems with the car then the dealer will honour their legal rights.”