- Ellenbrook mechanic took payment from vehicle owner without completing work
- Victor James Wright ordered to compensate consumer and pay fine, costs
- Case highlights risk of paying large deposits, no completion date in writing
An Ellenbrook-based motor vehicle repairer has been penalised by the Midland Magistrates Court, ordered to pay a total of $4,790 in fines, compensation and costs after accepting upfront payment for a car repair that was never completed.
Victor James Wright, trading as Ellenbrook Auto Services (unregistered), was fined $1,800 after pleading guilty to breaching the Australian Consumer Law by wrongly accepting payment without providing the agreed service within a reasonable time or at all.
In addition to the fine, Mr Wright was ordered to pay $300 in costs and $2,690 in compensation to a consumer. She had made multiple advance payments in June 2023 for repairs to the head gasket of her only vehicle, based on a quote that lacked a timeframe for completion. Despite receiving the payments, Mr Wright failed to carry out the repairs, became uncontactable, and did not return the vehicle’s head gasket.
During sentencing, the Magistrate considered Mr Wright’s financial capacity to pay and prioritised making a compensation order to assist the consumer.
Commissioner for Consumer Protection Trish Blake condemned the conduct, stating it was unacceptable for traders to retain payment without delivering goods or services.
“When consumers pay in advance, they are entitled to receive what they paid for on time – or within a reasonable timeframe if no date was agreed,” Ms Blake said.
“Mr Wright failed to honour this obligation, leaving a consumer in a vulnerable and stressful situation without her only mode of transport, despite her having paid in good faith.”
Ms Blake urged consumers to avoid making large upfront payments, especially in situations where delays can cause significant inconvenience.
“We recommend consumers only pay a small deposit where possible and always request a written quote that includes not just the total cost, but also a clear timeframe for completion,” the Commissioner said.
Complaints against motor vehicle repairers can be lodged on the Consumer Protection website. Enquiries can be made by emailing consumer@lgirs.wa.gov.au or calling 1300 30 40 54.
Media Contact: cpmedia@lgirs.wa.gov.au