Can A Mileage Reading Be Altered?
A trader who alters any mileage reading (known as “clocking”), whether from a higher to a lower figure or to zero, commits an offence. A trader who “clocks” a vehicle cannot avoid the offence by disclaiming the mileage when it is sold.
What Steps Should Be Taken To Avoid Selling Cars With False Mileage Readings?
If you sell a clocked car, or display one for sale, you commit an offence. However, unlike traders who actually clock cars, you may have a defence. Such a defence would rely on you having a system for checking the true mileages of cars and keeping full records of those checks.
From a practical point of view you should consider doing the following:
- When buying a vehicle, obtain a signed certificate from the seller showing whether the mileage is correct or not.
- The history of the vehicle may be obtained by contacting the previous keepers shown in the vehicle registration document. Nowadays at least two names and addresses are shown on this document. If you do not have this document, you can find details of previous owners by contacting the DVLA in Swansea. This is best handled by letter.
- The condition/appearance of the vehicle may give cause to suspect the accuracy of the mileage reading. If for example the vehicle is relatively new but comes without a service history, then the trader may wish to ask themselves why these documents are missing.
- Check service records or stickers for recorded mileages.
The above is not an exhaustive list of the things that should be in your system, merely suggestions of what you may include. Whatever system of checks you adopt, you should keep records of any checks you have made, including copies of any letters you have sent to previous owners, proof of posting and any responses received.
Disclaming A Mileage Reading
If checks confirm the mileage is correct, no disclaimer is needed.
Disclaimers should only be used where:-
- You cannot discover a vehicle’s true mileage.
- Checks would be impracticable given the age of the vehicle or number of previous keepers.
- Vehicles are offered for sale and you have not completed mileage checks. If checks prove inconclusive, the continued use of a disclaimer is advisable.
The wording of a disclaimer must indicate the status of the vehicle. Set out below are some examples:-
If the mileometer reading is incorrect but the true mileage is known, the true mileage must be shown on a notice placed over the vehicle’s mileometer:-
- This mileometer reading is incorrect. The true reading is --------------------------
If you offer a vehicle for sale before your mileage checks have been completed, the following disclaimer should be used:-
- We have not yet verified this mileometer reading and therefore it must not be relied on as the true mileage.
If your mileage checks have proved inconclusive, for example previous keepers have not replied, the following disclaimer should be used:-
- We have been unable to verify this mileometer reading and therefore it must not be relied on as the true mileage
If the accuracy of the mileometer is known to be false but the true mileage is unknown:-
- This mileometer reading is incorrect and should be totally disregarded
If you decide not to carry out a mileage check and do not know the true mileage, the following disclaimer should be used:-
- We have not verified this mileometer reading and therefore it must not be relied upon as the true mileage.
To be effective, a disclaimer must be as bold precise and compelling as the description it refers to and must be brought to the attention of prospective customers. Disclaimer notices should obliterate the mileage reading completely and be in sharp contrasting colours, for example red on white. The use of semi-transparent stickers is not recommended.
If you sell a vehicle with a mileage reading you know or suspect to be incorrect, or you have been unable to find out whether or not it is correct, you should:-
- Write on the invoice the same wording as on the dashboard disclaimer
- Get the customer to sign across this as proof that it has been drawn to his attention.
- Not use the mileage reading in any of the documentation associated with the sale of the vehicle. The mileage should be shown as “not known” or “incorrect” on any documentation, or its true mileage should be given, if known.
- Not make reference to the mileage in any conversations with prospective customers except to make sure that they understand that the reading may not be/is not correct.
This leaflet is a brief summary of the law and is intended for general guidance only and should not be taken as being an authoritative legal document. For specific advice please contact Wigan Trading Standards.
