Drewvale race car businessman given the red flag
30 August 2019
A Drewvale businessman and his company have been ordered to pay $24,399 in the Holland Park Magistrates Court today (30 August 2019) after an Office of Fair Trading (OFT) investigation established they had accepted payment from consumers for open-wheeled race car experiences but failed to deliver them.
Scott Peter Allen, director of Formula Ford Experience Australia Pty Ltd, pleaded guilty to two charges of accepting payment and failing to deliver services under the Australian Consumer Law (ACL). Formula Ford Experience Australia Pty Ltd was found guilty of three offences.
Mr Allen and his company were fined a total of $22,500 and Mr Allen was ordered to pay $1,899 in compensation to two affected consumers.
The court heard that between August and November 2017, payment was accepted from consumers, via the business’s website, for driving experience vouchers. However, the consumers were unable to secure a booking for their race car experience nor were they refunded.
In sentencing, Magistrate Simon Young said the actions of the trader had occurred over a protracted period of time, and that these actions were dangerous to consumers who had interacted with him in good faith.
Fair Trading Acting Executive Director Craig Turner said today’s outcome highlighted that traders who take money and do not provide consumers the services they have purchased, will face enforcement action.
“These consumers put their hard-earned money towards a recreational activity they never received,” he said. “Their disappointment is completely understandable and I am pleased Fair Trading was able to hold this business accountable.”
Consumers can lodge a complaint, including about issues of non-supply, to the OFT at www.qld.gov.au/fairtrading or call 13 QGOV (13 74 68) for advice.