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Recent Prosecutions and Penalty

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Accused Court Offence(s) Result Date of Hearing
Aberdeen Building Contractor Aberdeen Sheriff Court False Claims As To Scottish Building Employers Federation Membership Fined £300

Trade Descriptions Act 1968

19th October 2004
Shop Proprietor Aberdeen Sheriff Court Sale of R18 video work, possession of R18 and unclassified video works

(R18 - To be supplied only in licensed sex shops to adults of not less than 18 years.)

Fined £5000

Video Recordings Act 1984

13th October 2004
Motor Vehicle Repairer Aberdeen Sheriff Court Consumer stipulated authentic parts to be fitted to his motor vehicle, the vehicle repairer fitted non-authentic replicas. Fined 2 x £150

Trade Descriptions Act 1968

4th December 2003
Shop Proprietor Aberdeen Sheriff Court Posssession of 600 R18 and unclassified video works.

(R18 - To be supplied only in licensed sex shops to adults of not less than 18 years.)

Fined £1000

Video Recordings Act 1984

23rd July 2003
Moray man Aberdeen Sheriff Court A trader at a car boot sale was convicted of selling counterfeit goods. 

After a Rangers football top that was sold to our officers was confirmed as fake a further 82 counterfeit items were seized. Brand names featured included Nike, Burberry, Celtic, Firetrap and Diesel.

Fined £250 15th July 2003
Shop Proprietor Aberdeen Sheriff Court A Sex Shop owner who illegally sold the male impotency drug Viagra was caught after officers from the Trading Standards Service and the Medicines Control Agency (MCA) began investigating the shop last year. Fined £200 19th February 2003
Aberdeen man Aberdeen Sheriff Court An Aberdeen man who had dealt in second-hand cars and other goods for a number of years, without a second-hand dealer’s licence and without disclosing that the goods were being sold in the course of a business, appeared in court denying that he was a trader. He maintained that his "trading" was just a hobby.

Evidence led by the Crown showed that he had advertised a number of cars since January 2000, and over 200 advertisements were produced which had been published between April and July 2001, none of which indicated "trade" status.

A third charge related to the possession for sale of a "dangerous product", a motor vehicle which had been found to have three safety defects, and was the subject of a Prohibition Notice issued by a Vehicle Examiner.

After trial, the accused was convicted on all three charges. The Sheriff deferred sentence for 9 months and ordered the accused "to be of good behaviour".

Sentence deferred 9 months. 

Civic Government (Scotland) Act

Fair Trading Act 

General Product Safety Regulations.

14th October 2002.
Aberdeen Motor Dealer Aberdeen Sheriff Court A major Aberdeen car dealer pled guilty to one charge of misdescribing a Ford Focus motor car to a couple on the 5th July 2000, contrary to the Trade Descriptions Act 1968. Fined £1000

Trade Descriptions Act 1968.

12th Sept 2002
Aberdeen Businessman Aberdeen Sheriff Court

An Aberdeen businessman caught with unclassified pornographic videos in his shop admitted two charges under the Video Recordings Act.

Officers went to buy a video and purchased one for £27.99. On examination it was found to contain pornographic scenes and checks with the British Board for Classification showed it wasn't classified for release in the UK.

Two days later, two other officers returned to the shop and saw similar video tapes on the top shelf. These were seized and inquiries showed that 31 videos were not classified.

Fining him £200 on the first charge and £400 on the second charge, Sheriff Alexander Jessop told him: "This was a fairly serious breach of the Video Recordings Act and you have to accept responsibility."

Fined £400 & £200

Video Recordings Act.

March 2002
Major Furniture Retailer Aberdeen Sheriff Court

A major furniture retailer was fined over phantom price cuts at its Aberdeen store.

Faced with five charges under the Consumer Protection Act it admitted three charges relating to incidents on December 28th 2000, at the firms city outlet or in newspaper adverts.

The company had claimed customers could save between £600 and £1.099.

But in two instances the goods had never been offered for sale at the higher price.

In a third charge the company had stated a special price available only on New Year's Day could lead to a £600 saving. But the goods had been for sale four days earlier at the reduced price.

Fined £1350

Consumer Protection Act.

January 2002
Mother & Son Shrewsbury Crown Court

A mother and son were each jailed for a year after admitting being involved in producing and selling thousands of pirate music CD's.

The CD's featured music by top artists and were sold by mail order and at computer fairs. The case was heard by Shrewsbury Crown Court and investigations started after officers from Aberdeen City Council Consumer Protection Service found pirate CD's on sale at a computer fair in Aberdeen.

Trade Descriptions Act, the Trade Marks Act and the Copyright, Designs and Patents Act. July 2001
Individual Aberdeen Sheriff Court

An individual who supplies counterfeit games software and video compact discs was prosecuted under the Video Recordings Act 1984 with respect to unclassified video works on compact disc, Copyright Designs & Patents Act 1988 and Trade Marks Act 1994 , charges were also included with respect to distributing infringing copies of films and copied games software.

Fined £1500

Video Recordings Act 1984

Copyright Designs & Patents Act 1988 and Trade Marks Act 1994 

30th April 2001
Aberdeen Trader Aberdeen Sheriff Court

A local trader was prosecuted for distributing computer games on compact disc which were copies of copyright works without the permission of the copyright owner.

Fined £200

Copyright Designs and Patents Act 1988

May 2001
Aberdeen Motor Dealer Aberdeen Sheriff Court

An Aberdeen motor dealer was fined  for giving a misleading savings claim in a newspaper advertisement following an investigation by this department.

The claimed saving of £6150 was deemed to be misleading in that it represented the saving against the list price of a new motor vehicle of that type, when in fact the vehicle they were selling was a one year old example which had done 12,000 miles.

The comparison was deemed not to be a fair and meaningful one.

Fined £750 21st May 2001
Aberdeen Based Travel Company Aberdeen Sheriff Court An Aberdeen based travel company pled guilty and were fined £2000, for displaying prices of holidays on cards in the window of their travel agents premises in Aberdeen, which were misleading. Section 20(1) of the Consumer Protection Act 1987, by virtue of Section 21(1)(e).

Fined £2000

11 January 2001

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Aberdeen City Council, Trading Standards Service,
St. Nicholas House, Broad Street, Aberdeen, AB10 1BX
Telephone: (01224) 523737 Fax: (01224) 645786
 
Web http://www.tradingstandards.gov.uk/Aberdeen/
E-Mail: tradingstandards@aberdeencity.gov.uk
 
 
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