News item

Rogue Tarmacer fined for breaching Consumer Protection Legislation

In a case brought by Wirral Trading Standards, Mr Michael O’Brien of 85 Riverside Park, Garden City, Deeside pleaded guilty to two offences under Consumer Protection Legislation.   

On 31 March 2013, Michael O’Brien trading then as “P & J Drive Specialists” cold called at an address in Greasby, Wirral.  He initially quoted £1,750 to give the consumer’s driveway a makeover but subsequently reduced the quote to £1,500.  P & J Drive Specialists completed the work in a day.  An independent survey was completed and found that the work undertaken by P & J Drive Specialists had not been carried out properly and had no value concluding that the consumer would incur further costs to remove the macadam and brick edging laid by P & J Drive Specialists prior to the driveway receiving proper attention.   

Michael O’BRIEN was subsequently arrested on Wirral by officers from Merseyside Police on 24 April 2013 as part of Operation Rogue Trader Day, a joint operation between Merseyside Police, Wirral Trading Standards, the DWP and HMRC, tackling rogue traders trading on Wirral.

On 10 September 2013 at Wirral Magistrates’ Court, District Judge Abelson who was highly critical of the poor workmanship carried out by Michael O’BRIEN fined him £2,500 for failing to provide the consumer with a notice of their right to cancel the contract within 7 days, by virtue of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 and £500 for failing to provide his business details as provided for by virtue of the Companies Act 2006   The prosecution were granted full costs of £2012.82 and DJ Abelson granted a Compensation Order to the consumer for £1,500. 


DATE: 25 September 2013