hello everyone. i have just been summoned to appear before local trading standards after one of their people bought a counterfeit hat from me on ebay, fair cop i say, any advice on how to go about it and where i stand, i have sold others on ebay and didn't know that they were counterfeit, can they convict me for stupidity? any advice truly grateful, thankyou.
if you have told them you didn't know they were counterfeit you will be asked who your supplier is, how much you paid etc - it's no good saying you paid £20 for a Rolex watch that you went on to sell for £2000 - that aint gonna wash! Ebay itself could be in trouble too - you might find this useful
i bought them for about £2 each and sold them for £5.99 including P&P just to get rid of them. can i say supplier unknown or won't this help, i want to cooperate as best i can with them.
No expert but I suspect you need to show you are duped, beyond reasonable doubt. With no desire to name a supplier I suspect that leaves you in the frame.
ok, i bought them in thailand, how easy do i crack under pressure, lol. i don't mind cooperating fully, just wondered how the best way to go about was thats all.
OK - you clearly suspected they were dodgy and took a chance - you got caught but don't want to name your supplier(nobody likes a grass) - through yourself on the mercy of the court!
I've been told, as the amount of profit you made was small, you MIGHT, just MIGHT get off with a caution, IF you tell them your supplier is (this info has come from an ex-trading standards officer) unofficially he told me that a FEW items sold for under £15 tend not to get prosecuted because of the time/money of court costs, BUT get caught twice and they'll throw the book at you regardless
"ignorance is no defence." Really? Nobody could possibly know all the "laws" (legislation) - there's millions of them. Even lawyers take four year degrees and then specialise in a particular area. Common law on the other hand is easily remembered.
Even so ignonance of the law is not considered a legal defense. Tough isn't it ?
However ignorance of whether the stuff was legit or not is a different matter. But I can't see the saint pulling that one off.
i'll let you all know how i get on, might just request a cake with a file be delivered to my cell - you'll recognise me, i'll be the one wearing a hat!!!
take no notice of people on hear talking about something they know nothing about - Mercia sounds you are talking rubbish
I sold counterfeit jewellery on Ebay with no complaints from buyers and got a dawn raid off TS backed up by the police. The items were high end and the RRP of the items I sold were £60,000.00 and I made approx £6,000.00
Ebay did nothing - in fact they made me a power seller for my high feedback.
i went into the police station voluntarily for questioning and gave them the email address of my contact in Hong Kong (who they wouldn't do anything about anyway)couldn't be bothered to prosecute so the outcome was I received a TS caution valid for 3 years and then it disappears. I also got fined £920.00 by TS
The Police will take no action and there is no way in a million years it will go to court so put it down to experience.
Just as a side issue i know market traders who have had goods confiscated by TS on at least 3 occassions and havent been arrested