Car dealer and salesman convicted over ‘spiced up’ written-off vehicles

A CAR DEALER and his salesmen have been convicted of selling previously written-off cars which were “spiced up” and sold to unsuspecting customers in Dublin.

Andrius Miliauskas, from Ukraine but living at Royal Canal Court, Church Street, Kilcock, Co Kildare, and his employer, Brian Healy, Slade Road, Saggart, County Dublin, were prosecuted by the Competition and Consumer Protection Commission (CCPC) for misleading practices.

The co-defendants pleaded guilty to a combined 10 charges contrary to sections 47 and 79 of the Consumer Protection Act 2007.

At Dublin District Court on Wednesday, Judge Anthony Halpin said buyers had been “completely deceived” by Healy, owner of Lucan Auto Sales on Lucan Road, and his salesman Miliauskas.

Judge Halpin said Healy had taken these cars, and they were then “spiced up” before reselling them.

At sentencing, he emphasised that the vehicles had been written off and lacked confidence in their roadworthiness. He said routine NCT tests may not necessarily detect such defects.

However, a breakdown on the highway could have had fatal consequences for occupants or other road users.

Healy, who had no prior convictions, was ordered to pay a €1,500 fine, €3,567 in costs, and €1,994 in compensation, with six months to pay.

Miliauskas, who still owes money from a previous conviction for misleading a car buyer, was sentenced to four months in prison but lodged an appeal and was released on bail set at €5,000.

The court heard that the case arose from a CCPC investigation into transactions in 2023 and 2024.

Prosecuting counsel Cathal Ó Braonáin BL said the first complainant bought a 2016-registration Ford Focus for €11,500 after seeing it advertised on Done Deal.

Before an earlier crash, the vehicle had been valued at €12,000. It was subsequently written off, passed to a salvage yard and another dealer, and ultimately acquired by Healy.

When the buyer inquired about the car’s history, salesman Miliauskas did not disclose its prior write-off status. He assured the customer everything was fine, claiming they had only fixed minor items, and provided a vehicle report showing no alerts.

The buyer later discovered an air conditioning issue, including a hole in the radiator. When he complained and asked if the car had been in an accident, Miliauskas rejected the claim and insisted it just needed a new radiator.

The buyer’s insurance company subsequently notified him that the vehicle was a recorded write-off following a crash in March 2023.

When confronted again, Miliauskas still denied that it had been in a crash before.

Finally, the customer received €6,500 from his insurer and €3,001 from salvage, leaving him facing a net loss of just under €2,000.

The second transaction involved a 2014 Audi A5, also advertised on Done Deal.

A customer met Miliauskas on 27 June 2024 and paid €14,000 for the vehicle after being told the gearbox had been replaced.

It was later discovered that the car had been written off in 2017 in the UK before it was imported into Ireland, though it subsequently passed the NCT test over several years.

Healy provided the buyer with a full refund; Judge Halpin noted that the vehicle was subsequently placed back on sale while still omitting its history.

The court was told that Miliauskas had one previous conviction for a similar offence in 2019, which did not involve Healy, and related to misleading trade practices and false vehicle information.

That case resulted in a €2,000 fine, €5,400 in costs, witness expenses, and a €2,500 compensation order, totalling €10,347, which remains unpaid.

Healy had no prior convictions. Defence counsel stated that both men deeply regretted the matters and offered apologies. It was submitted that Healy acted as a broker, or “go-between,” for the Audi sale, offered a full refund, and wanted to pay compensation to the man who bought the Ford.

Medical reports were also furnished detailing Healy’s serious health problems, including cancer and a brain haemorrhage.

Pleading for leniency, the defence submitted that new operating procedures have been implemented to ensure such issues will not recur.

Miliauskas’s six counts included multiple charges of engaging in misleading commercial practices and concealing material information about the Ford Focus’s prior history, as well as misleading practices regarding the Audi A5.

His employer, Healy, faced four counts of misleading commercial practices and omitting material information about the main characteristics and prior write-off histories of both cars.

After the hearing, Brian McHugh, CCPC chairperson, said “car traders have a legal obligation not to mislead buyers about a car’s history and condition. Misleading information can put the buyer and all other road users in danger.

“The CCPC will continue to investigate and prosecute car dealers who mislead consumers, but the best way to keep consumers safe from unscrupulous car dealers is to arm them with information.

“We need car history information to be shared with consumers for free as is seen in other countries. A car is one of the most expensive purchases a consumer will ever make, and buyers need accurate information so they can get value for money and a safe and reliable vehicle for them and their family.”