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What the law says about selling a clocked car

Informational7 min read·

In the UK, selling a clocked car is an 'absolute offence' under the Consumer Protection from Unfair Trading Regulations 2008 (CPUT), it does not require intent, so a dealer can be prosecuted for selling a clocked car they didn't know was clocked. Clocking a car is not in itself illegal, but selling one on without disclosure is. The defence available to a dealer is provable due diligence: documented evidence they took reasonable steps to check before selling.

Not legal advice

This article is general information, not legal advice, and certificate claim wording must be reviewed by a solicitor before launch. Always take professional advice on your specific situation.

The CPUT 2008 position

The regulations prohibit misleading actions and omissions that cause the average consumer to make a different decision. Presenting a vehicle with a mileage that is false, or staying silent about a discrepancy, can fall within that prohibition.

It's an 'absolute offence', no intent required

This is the part most dealers don't realise. A senior Trading Standards officer has described selling a clocked car as an 'absolute offence': you don't have to know you're doing it. The comparison drawn is speeding, you don't have to know you're doing 35 in a 30; the fact that you are means you are. So an honest dealer who unknowingly buys and resells a clocked car can still be prosecuted.

Real sentences are being handed down

  • 2023: a Hampshire trader was sentenced to 45 months in prison after clocking 32-33 vehicles totalling 2.75 million miles, cars he sold to legitimate dealers across the country.
  • 2023: a London trader who sold 46 clocked cars worth over £350,000 received a two-year suspended sentence, 100 hours' unpaid work and a rehabilitation requirement.
  • Trading Standards offences can carry unlimited fines and, on indictment, up to two years' imprisonment.

The trap for honest dealers

In that first case, the clocked cars were sold to legitimate dealers. Those dealers unknowingly bought clocked stock, and would be exposed the moment they resold it.

The due-diligence defence

CPUT being an absolute offence isn't the end of the story. Reg 13 provides a due-diligence defence: a dealer who took reasonable steps to investigate before selling can rely on it. A dated, independent, tamper-evident detection check on every vehicle is exactly the kind of contemporaneous evidence that supports it.

An honest qualifier

A certificate supports and evidences a due-diligence defence, it does not guarantee immunity, and whether a defence succeeds is for a court to weigh. It is your strongest evidence of due diligence, not a guarantee against prosecution.

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