A Bensham based car dealer has been fined after knowingly selling an unroadworthy vehicle.
On Tuesday, 4 October, Armin Hajizadeh, trading as Classic Motor Show, from premises on Saltwell Road, Bensham, Gateshead, was found guilty at South Tyneside Magistrate’s Court of seven offences relating to the sale of a car he knew to be in a unroadworthy condition.
In November 2021, a consumer saw a Hyundai Coupe advertised in AutoTrader for £1,500, with the seller, Mr Hajizadeh describing it as having a 12-month MOT.
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However, when the consumer contacted Mr Hajizadeh she was told the car had not yet passed an MOT, and that she could buy it for £1,200 if she arranged the test herself, and could have her money back if the car failed. What she was not told was that the car had failed an MOT that same morning, and was therefore in an unroadworthy and potentially unsafe condition.
When the car failed a further MOT, paid for by the consumer, Mr Hajizadeh refused to refund her, stating instead that he sold the car for ‘spares or repair’, which he had written on his invoice.
The consumer approached Gateshead Council’s Trading Standards, who carried out a thorough investigation into the complaint. It was discovered that Mr Hadjizadeh had purchased the car at an auction for only £284.
The car was inspected by the Driver and Vehicle Standards Agency (DVSA), who confirmed that the MOT failures were due to a heavily corroded suspension, an inoperative parking brake, and a major leak of exhaust gasses due to a fractured exhaust pipe, all of which made the car very unsafe to drive.
Mr Hadjizadeh was found guilty under the Road Traffic Act of selling a car in an unroadworthy condition.
He was also found guilty under the Consumer Protection from Unfair Trading Regulations for providing misleading information by stating the car had a valid MOT in an advert, for not advising the consumer the car had failed an MOT, telling her she could have a refund if the car failed an MOT, for stating that the car was sold for salvage or repair when this was not the case, and for obstructing a Trading Standards Officer by not producing documents when requested.
He was also found guilty under the Companies Act for not having his name and business details on the invoice given to the consumer. Mr Hadjizadeh was ordered to pay a £500 fine, a £50 victim surcharge, and £1,074 in costs.
He was also instructed to fully refund the consumer, plus any costs incurred during the time she had possession of the vehicle.
Councillor Linda Green, Cabinet Member for Communities and Volunteering at Gateshead Council, said: “We are absolutely delighted with the outcome of this prosecution. The unscrupulous sale of unsafe vehicles not only presents a risk to life to those in the car, but also to anyone who may find themselves in its path should it suffer a catastrophic failure in movement.
“The requirement for an MOT means cars such as the one sold by Mr Hadjizadah should not be driving on our roads, and the fact it was sold deceitfully to an unsuspecting consumer, followed by a pack of lies to avoid having to provide a refund, is appalling.
"The results of this prosecution should serve as a warning to any other traders out there who think they can deal in fraudulent goods or services.”
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