An “aggressive” workman has been fined after tarring a couple’s driveway and demanding payment, despite them never asking for it.
Thomas Forrest Jr arrived uninvited at the rural Angus property where Conor McStay and Victoria Sloan live on April 12 last year.
The 23-year-old spoke at the door with Ms Sloan and told her he could patch up potholes in their drive with leftover materials but she said she did not have time to consider it as she was leaving for work.
When Mr McStay returned just over six hours later, the entire stretch had been laid.
The couple refused to pay for the unwanted work when Forrest Jr and another man returned the next day, demanding £3,000.
In the dock, first offender Forrest Jr, of William Rodger Drive in Montrose, admitted engaging in an aggressive commercial practice, while acting with others, by carrying out tarmac work at the property near Kirkbuddo that had not been agreed or authorised and then repeatedly demanding payment.
He was fined £500, plus a £20 victim surcharge.
Tarmac offer
Fiscal depute Stuart Hamilton told Forfar Sheriff Court Ms Sloan was home alone when a van appeared outside at 11am.
He said Forrest Jr, operating as a regional contractor, identified himself as Thomas and another man was in the van.
Mr Hamilton said: “The accused offered to repair potholes with surplus materials from another job that required to be used.”
Ms Sloan had no time to consider and asked the men to come back the next day.
She did not commit to having any work done.
“The accused inferred that the material was only available for a limited period of time,” Mr Hamilton added.
“The witness did not capitulate.”
£1100 of tarmac used
Mr McStay returned home at 6pm to find the entire driveway relaid.
Forrest Jr and the other man returned the next day, repeatedly demanding payment of £3,000.
Mr McStay refused, while Ms Sloan remained inside but in earshot.
Some of the conversation was filmed and forwarded to police.
Having been told his registration plate, officers pulled Forrest Jr over on Queenswell Road in Forfar later that day and were able to identify him from the video.
His solicitor Sandy Morrison said: “This work had been done.
“No payment was received but that doesn’t get away from the behaviour.”
Mr Morrison said the tarmac used cost his client £1,100, but that was “effectively besides the point.”
He added: “The police advised Mr Forrest not to go back to the locus.
“It would appear the same tarmac is down a year on.”
Sheriff Garry Sutherland said: “Ironically, there might well have been a civil remedy.
“It’s an unusual prosecution in some respects.
“The complainers have, in effect, benefited from the work.”
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