A rogue tarmac contractor was today given a 10 month
suspended prison sentence and ordered to pay £17,000 in
compensation and costs following a trading standards
prosecution.
Samuel Jones, 50 was also ordered to carry out 150 hours unpaid
work for the community and was told that if he failed to complete
this he would be brought before the court and sent to prison.
At Bristol Crown Court today (7 December 2009), His Honour Judge
Roach told Mr Jones: “You took lengthy steps to ensure people could
not trace you. You must have known the work was of poor quality.
There is an element of dishonesty in what you did."
Mr Jones was initially tried at North Somerset Magistrates
Court, where after a five-day trial in October 2009 he was found
guilty of 20 offences under the Trade Descriptions Act 1968 and one
offence under the Fraud Act 2006.
The case was referred to Bristol Crown Court for sentencing.
Mr Jones was summonsed to answer offences relating to using the
false identity ‘John Pope’ and making false and misleading
statements in relation to tarmac laid at properties in Dundry,
North Somerset and South Brent in Devon.
The prosecution taken by North Somerset Council's trading
standards service alleged that tarmac was laid on one drive at only
half an inch or less (and considerably less than the claimed one
and a half inches). It was also alleged that the claims by the
trader that the tarmac had a ‘hard surface’, and ‘25 year lifespan’
were also false.
Both complainants found their drives deteriorating significantly
within one month of them being laid. Complaints to the company
failed to obtain an adequate repair under the guarantee.
The Magistrates Court heard expert witness evidence from an
employee of North Somerset Council’s highways department who
reported that the tarmac was too soft and poorly compacted.
A man named John Pope appeared to be the owner of the business
and advertised in Yellow Pages. The following names and contact
details were used:
JP, North Somerset’s Leading Driveway Specialist, Trym Lodge, 1
Henbury Road, Westbury-on-Trym, Bristol.
Diamond Stone Driveways.
Diamond Stone Paving, 1a, The Avenue, Newton Abbot.
The court heard evidence from two elderly Weston-super-Mare
residents who had dealings with John Pope whilst trading as J Pope
Tarmac Contractors and using the address Oakdale, Battleborough
Lane, Brent Knoll.
At the request of a trading standards officer, Samuel Jones was
arrested by Avon and Somerset Police whilst laying tarmac at an
address in Bleadon on 14 May 2008. The Police further assisted with
the trading standards investigation by carrying out formal
identification procedures during which three witnesses identified
Samuel Jones as being the man they knew as John Pope.
Mr Jones told the Magistrates Court that he lived in a caravan
on land owned by his wife at Oakdale, Battleborough Lane, Brent
Knoll, TA9 4DS. However he also told the court that he had an on /
off relationship with his wife and sometimes stayed at her 4 bed
detached house known as Chestnut House, Downend Road, Puriton,
Bridgwater, Somerset.
In his summing up at the Magistrates Court, District Judge
Parsons said: “I find that you are John Pope. You have been using
the alias John Pope because you are not working as a reliable and
conscientious installer. It was a sophisticated and persistent
attempt to hide your identity”.
Cllr Peter Bryant, Executive Member responsible for trading
standards said “This was a long and complex enquiry but it shows
our resolve to pursue rogue traders who defraud the public of large
sums of money. To avoid this happening to you I would advise local
residents always to use local traders recommended by family or
friends.”