The Office of Public Prosecutions (OPP) Victoria is appealing the non-conviction and fine of Shahriyar Noori, 40, for trading in motor cars without holding a car trader’s licence.
Consumer Affairs Victoria (CAV) took action after receiving a Crime Stoppers report alleging Mr Noori, of Reservoir, was engaging in unlicensed motor trading. Following an investigation, CAV identified multiple occasions when he had sold cars while unlicensed, between 16 May 2018 and 15 May 2021.
Mr Noori was charged with five counts of unlicensed motor car trading and pleaded guilty at the Melbourne Magistrates’ Court on 18 May 2022. He was ordered to pay a $5,000 fine and no conviction was recorded.
The OPP Victoria are appealing the sentence imposed by the Magistrates’ Court, seeking a higher penalty.
Director of CAV, Nicole Rich said CAV strongly supports OPP Victoria’s appeal as the law recognises unlicensed motor car trading is a serious offence due to the real harm it causes consumers.
“Consumers who buy a car from an unlicensed trader may be misled into thinking they are negotiating with a private seller rather than a sophisticated trader,” said Ms Rich.
“Consumers also miss out on important protections that automatically apply when Victorians buy from a licensed motor car trader, such as a cooling off period and the back-up of the Motor Car Traders Guarantee Fund if something goes wrong and they need to make a claim.”
“Unlicensed trading not only harms unsuspecting buyers, it’s unfair on licensed motor car traders who are competing in the car sales market and doing the right thing,” she said.
The maximum penalty for selling a motor vehicle while unlicensed is 100 penalty units (currently $18,174) for each car sold.
The appeal hearing is listed for 2 August 2022 at the Melbourne County Court.