FILE NUMBER: Oral Decision

HEARING DATES: October 3, 2007 and March 19, 2008

IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C.1996 C.316 AND
THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2

COMPLAINANT: REGISTRAR

MOTOR DEALER and/or SALESPERSON: PENTICTON AUTO AUCTION (Dealer #30666)

ISSUE:

• On October 3, 2007, the dealer was called to a hearing before the Registrar of Motor Dealers for infractions under the Motor Dealer Act and the BPCPA for the alleged selling of motor vehicles as an unregistered consignment seller, non payment of sales proceeds to consumers, selling in other than registered name, contrary to Sections 3 & 11 of the MDA and Section 4 of the BPCPA.
• Continuation of October 3, 2007 hearing was held on March 19, 2008. This hearing in combination with W.K.R.P. Auto Sales (DL #28908) and Kenneth Evans (SP #100067).

OUTCOME:

• The Registrar's decision at the October 3, 2007 hearing was to suspend the Motor Dealer Licence; and that the dealer was to make payment of sales proceeds to consumers and dealers. A new hearing date was to be decided.
• The Registrar’s decision at the March 19, 2008 hearing was to order the $10,000 Letter of Credit be divided for hearing and investigation costs of VSA and that the remainder be put into the Motor Dealer Customer Compensation Fund; and that the Motor Dealer Licence be cancelled.

COMPLETE DECISION: Noted above

Top