- Stirling man cops $33,000 fine for unlicensed car dealing and odometer tampering
- Used aliases and impersonated previous owners to avoid getting caught
- Second time Consumer Protection has taken offender to court
An unlicensed car dealer who erased more than 700,000 kilometres from the odometer readings of nine vehicles has been convicted and fined $33,000 by the Perth Magistrates Court.
Jacob Hamilton of Stirling, who does not hold a dealer's licence, pleaded guilty to one count of unlicensed motor vehicle dealing and nine counts of making a false or misleading representation related to odometer tampering.
The allegations related to the buying and selling of 38 vehicles in Perth between May 2022 and July 2023, during which time Mr Hamilton used different names including "Jess Jacobs", "Jake Reach", "Jack Reach", "Hamilton Hire", and "Jacet Kotnowski" - as well as those of the previous vehicle owners - to avoid detection by Consumer Protection. Nine of these vehicles were sold with substantial reductions in their odometer readings:
- A Toyota Rav4 that had travelled 454,582km was sold with a reading of 263,907km in December 2022;
- A Subaru Outback that had travelled 305,177km was sold with a reading of 175,200km in July 2022;
- A Hyundai Getz that had travelled 235,000km was sold with a reading of 135,000km in October 2021;
- A Toyota Yaris that had travelled 261,293km was sold with a reading of 161,340km in November 2021;
- A Suzuki Swift that had travelled 227,260km was sold with a reading of 165,000km in in May 2022;
- A Ford Territory that had travelled 252,000km was sold with a reading of 191,533 in June 2022;
- A VW Polo that had travelled 157,623km was sold with a reading of 99,200km in February 2022;
- A Ford Focus that had travelled 264,489km was sold with a reading of 240,000km in February 2023; and
- A Ford Falcon that had travelled 100,900km was sold with a reading of 94,783km in December 2021.
It is the second time Consumer Protection has prosecuted Mr Hamilton for operating without a dealer's licence, after he and his company were fined a combined total of $40,000 in May 2022 for what was the largest scale offence of its type ever seen in WA.
In sentencing on 19 July 2024, Magistrate Sarah Oliver remarked that Mr Hamilton had "blatantly continued" to reoffend by persisting to sell vehicles shortly after his first conviction and questioned whether the remorse he expressed at that time was genuine.
Commissioner for Consumer Protection Trish Blake said a zero-tolerance approach continued to be taken towards unlicensed car dealing and odometer tampering.
"Backyard operators like Mr Hamilton present a real danger to the community because the vehicles they sell are often substandard and consumers are denied of their rights to a warranty or other remedy if something goes wrong after the sale," Ms Blake said.
"Illegal sellers also take away business from legitimate licensed operators who must meet the costs of obtaining a licence and adhering to the laws controlling their businesses.
"Winding back the odometers in nine vehicles to maximise his profits is hugely deceptive, as it tricks unsuspecting buyers into thinking their vehicles have travelled, in some cases, hundreds of thousands of kilometres less than they have in reality.
"Odometer tampering can also create safety issues, as important service work may not be carried out or parts replaced at the times specified in maintenance schedules."
Used car buyers are encouraged to carry out a search of the Personal Property Securities Register (PPSR), which sometimes may include an odometer reading check, and ask to see the vehicle's service history records.
Consumers can check whether a motor vehicle dealer is licensed by doing a search on the Consumer Protection website
