A garage owner who invented problems with customers' cars and then billed them for work he didn't do has had a jail sentence replaced with a heavy financial penalty.
Dylan John James, aged 30, who runs Pope's Garage in Cambrian Place, Haverfordwest, had been convicted by local magistrates of nine offences of fraud and jailed for six months.
After an appeal at Swansea crown court today (Tuesday) the sentence was quashed and replaced with more than £5,000 worth of fines and costs.
Lee Reynolds, representing Pembrokeshire County Council, said the offences came to light after Roger Edwards booked his Fiat Punto for an MOT.
Unknown to Mr Edwards, Pope's Garage was not registered as an MOT station and had an arrangement for the tests to be carried out by a garage in Narberth.
Mr Edwards dropped off his car at 9am and at 2pm received a telephone call from James telling him the vehicle had failed an exhaust emissions tests. James told him he could solve the problem by flushing out the engine using an additive, which would cost him an extra £40.
Mr Edwards collected the car at 5pm and noticed that according to the MOT certificate the vehicle had been passed at 10.17am, almost four hours before the call telling him it had failed.
Mr Reynolds said the authority then made two "test purchases" and James pulled off identical scams.
An expert tested the vehicles and could not find any trace of an additive having been added to the petrol or the engines.
Officers raided the garage and found documents relating to 140 MOT transactions, almost half of which involved extra charges for the "special service."
Craig Jones, representing James, said his client had spent a week behind bars, which had had a profound effect on him.
James, he said, had given way to pressure while trying to grow his business too quickly.
Judge Huw Davies said the sentence of six months immediate custody far exceeded the correct penalty.
He said he was concerned to hear that Pembrokeshire County Council had spent £13,000 prosecuting what was a relatively simple case.
James, of Rushacre Farm, Redstone Road, Narberth, was fined £2,250 and ordered to pay £2,750 in prosecution costs. He was also ordered to repay £40 to seven customers who had been defrauded.
The total amount must be paid within 12 months, ruled Judge Davies.
Council hits back at Judge's criticism
Pembrokeshire County Council’s Cabinet Member for Environmental and Regulatory Services, Councillor Ken Rowlands, has expressed dismay at the Judge’s comments regarding the Authority’s prosecution of the case.
“This was not a straightforward matter” he said. “This was a serious attempt to defraud members of the Pembrokeshire public on a large scale and we, as the local authority, are charged with enforcing the legislation in this particular area.
“There was never any question that we would not instigate legal proceedings once the scale of the deception became apparent.
“The fact is that the defendant initially elected trial at Crown Court and did not accept any of the charges which meant that the Council retained the services of a barrister and the increased costs this entails.
“After the defendant changed his mind, the case was eventually heard before local magistrates but the defendant submitted a not guilty plea which extended the length of the case.
“Pembrokeshire County Council considers it vitally important that local traders act honestly and within the law. Any attempt to defraud local residents out of their hard earned money will continue to be treated seriously by this Authority.”
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