A rogue tarmaccer has been ordered to pay hundreds of
pounds in fines and costs for breaching fair-trading
rules.
Gerald McCann who gave an address in Basildon, Essex entered
guilty pleas at North Somerset Magistrates Court in relation to two
offences which occurred in late July 2010 in Locking, near
Weston-super-Mare.
Mr McCann, who trades as Kent and Essex Paving Specialists, had
approached an elderly householder in Locking and persuaded him to
let him tarmac his drive. However Mr McCann failed to give the
householder the legally required written notice of cancellation
rights. He also attempted to start work within the statutory
seven-day cancellation period without having written permission, an
act which is regarded as an aggressive commercial practice.
After receiving advice from trading standards officers and with
their assistance the householder cancelled his contract and
obtained a refund of his £200 deposit.
Following an investigation by our trading standards
service, McCann pleaded guilty at court on Thursday 17
February to failing to issue a seven-day cancellation notice
for a contract made at the customer's home; and using an aggressive
commercial practice.
For the first offence he was fined £100 and for the second
offence he was fined £300. He was also ordered to pay costs to
us of £600 and a victim surcharge of £15.
The court also imposed a prison sentence of 45 days which was
suspended as long as the fines and costs are paid.
Cllr Peter Bryant, executive member for trading standards, said:
"I hope this is a lesson to all rogue traders that North Somerset
Council will act firmly to protect its residents.
"Most contracts made at a person's home require the trader to
issue a seven-day cancellation notice. Consumers should use this
period to reflect on whether they have made a good deal and should
not be frightened of cancelling if they have any doubts. The public
are urged to report suspicious doorstep traders to trading
standards or the police."
Advice is available for consumers by calling Consumer Direct on
08454 04 05 06 or visit
www.consumerdirect.gov.uk
