On 8 August 2024, at Airdrie Sheriff Court, an Order was granted prohibiting Mr. Niemczyk and agents acting on behalf of Cumbernauld Car Sales Ltd from engaging in several unlawful practices.

This action follows a significant number of complaints regarding the sale of unroadworthy vehicles, misleading statements in respect of vehicles, and refusal to provide consumers with their statutory right to redress when vehicle faults were identified. An Interim Enforcement Order had been obtained from the Sheriff Court in October 2023.

The Enforcement Order places several conditions on both Cumbernauld Car Sales Ltd and Mr. Niemczyk, including:

1. Providing Cancellation Notices: They must provide consumers with written notice of their right to cancel any contract at the time it is made, where applicable.
2. Selling Roadworthy Vehicles: They must ensure that all vehicles sold are not dangerous.
3. Reasonable Skill and Care: They must take reasonable skill and care when preparing second-hand vehicles for sale.
4. Accurate Information: They must not provide false information to consumers or create the impression that a motor vehicle can legally be sold when it cannot.

Additionally, the court has ordered the business to publish the granted Enforcement Order in a manner deemed appropriate to eliminate any continuing effects of the infringement, as per Section 217(1) of the Enterprise Act 2002.

Trading Standards Manager Michelle McKenna commented: “We work with businesses to ensure compliance and improve trading practices. However, we will not hesitate to take firm action against businesses that persistently and unlawfully treat consumers badly.

“This enforcement action underscores our commitment to ensuring consumer rights are protected and that businesses operate within the bounds of the law.”

Any consumers affected by Cumbernauld Car Sales Ltd are advised to contact Advice Direct Scotland for further assistance and advice: visit www.advicedirect.scot or call 0808 164 6000.