Drives (Aus) Pty Ltd - Commencement of action

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19 July 2021
Court actions

A former licensed motor car trader which allegedly wound back odometers on cars it was selling, falsely recorded their details and misled potential buyers, will face court next month.

Former Dandenong business Drives (Aus) Pty Ltd (ACN 161 803 792) is alleged to have committed 31 offences under the Motor Car Traders Act 1986 (MCTA) between August 2018 and July 2019.

Consumer Affairs Victoria investigated Drives (Aus) after a complaint from a member of the public who alleged that the odometer of a car he had sold to the company had been tampered with.

Odometer tampering, or ‘clocking’, is one of the most serious offences under the MCTA.

It potentially puts road users’ safety at risk by deceiving them about the age and degree of wear of their car, as well as falsely increasing the value, which is based in part on the age of the vehicle.

Specifically, we allege that Drives (Aus):

  • made 14 false and misleading recordings of odometer readings in nine vehicles in its dealings books (records that businesses are required to keep about every car they sell)
  • tampered with the odometers on two cars, and
  • falsely represented odometer readings 15 times to consumers.

Five consumer witnesses have provided us with evidence about the company’s alleged conduct.

The matter is listed for a mention hearing at the Dandenong Magistrates’ Court on 19 August.