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Statutory legal defence - training

Trading Standards legislation creates offences of what are termed strict liability. This means that when a specific set of circumstances occurs then an offence is committed, irrespective of your intention, e.g. if you sell a car with a wrong mileage you commit an offence even if you had no idea it was wrong.

As the law is so strict, it also provides a statutory legal defence for those who have taken suitable precautions and yet despite the precautions the offence has still occurred, e.g. disclaiming a false mileage and carrying out mileage checks.

In order to use that statutory defence you have to show the cause of the failure and, that you had taken all reasonable precautions and all due diligence to avoid that failure. Precautions means a system of checks and diligence means making sure it is put into practice.

This means that if there is a precaution that you could reasonably take then you must take it. This month we are highlighting one such precaution - training.

Training of staff is an essential and ongoing precaution that must be taken.

Manufacturers provide courses on their products to enhance sales but training is also essential for staff to ensure that sales efficiency is maximised and that in the selling process they do not say or imply anything that is misleading or can deemed to be a false trade description.

If you imply that the mileage of a vehicle is correct, when you have not checked it, an offence may have already occurred.

It is imperative that you provide adequate training information to staff not only to complete their job effectively but to ensure that they also do it within the confines of the law.

Lawgistics, in conjunction with Essential Dealership Training, are offering a free telephone based survey to establish current levels of compliance.

The survey will consist of feedback from 25 prospects or customers in relation to a subject matter of their choice e.g. sales process, finance and insurance sales or after sales, and will provide factual data with reference to current practices.

  • To arrange a free compliance focused survey, click here or call 01159 333480.

  • Visit www.lawgistics.co.uk for more information
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