FILE NUMBER: 07-70947

HEARING DATES: November 29, 2007, January 30 and April 16, 2008, and April 29, 2009

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 of Motor Dealers

MOTOR DEALER and/or SALESPERSON: GOLD’S MOTOR CARS (Dealer #30763) AND (Dealer #24368) AND CHARLES VINCENT PAYNE (Salesperson #108697) AND GLYNN GARY DAVIES (108736)

ISSUE:

• E. Flaming purchased shares of Gold’s Motor Cars Dealer #24368 and was issued Dealer #30763.
• Both Dealerships were called to a hearing for not supplying proper documentation in order to complete new dealer licence application for dealership #30763.
• Dealership #30763 was also called to a hearing for infractions under the Motor Dealer Act and Business Practices and Consumer Protection Act committed by #24368.
• Dealership #30763 was again called to a hearing for operating with unlicensed salespeople
• Dealership #30763 was again called to a hearing for not adhering to an administrative penalty levied at January 30, 2008 hearing.
• Pursuant to Sections 5 and 6 of the Motor Dealer Act, Saleserpersons #108697 and #108736 were both called to hearings in November 29, 2007, January 30 and April 16, 2008 for failure to comply with Section 23 of the MDA and Section 4(3) of the BPCPA.

OUTCOME:

• Conditions placed on dealership licence #30763 – dealership not permitted to conduct consignment sales.
• Dealership #30763 was levied an administrative assessment of $5000 under Business Practices and Consumer Protection Act.
• Unlicensed salesperson’s were given until May 4th to register for SP Licensing Course.
• Salespersons #108697 and #108736 were ordered to take the new Salesperson Licensing Course within 60 days of January 30, 2008 hearing date.
• Salesperson #108697 was levied an administrative penalty of $750 under the BPCPA and a written warning was placed in the salesperson file.
• Salesperson #108736 was levied an administrative penalty of $500 under the BPCPA and a written warning was placed in the salesperson file.
• Matters have not been resolved and administrative penalties remains outstanding.

COMPLETE DECISION: Noted Above

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