Daniel Park Sentencing

Another rogue installer has been brought to justice following an investigation by Trading Standards, supported by HETAS. Daniel Park was given a suspended jail sentence and ordered to carry out 200 hours of unpaid work.

History

Back in December we issued an update on a number of Trading Standards success stories, with HETAS providing a supporting role in ensuring enforcement action. One case was Daniel Park, a Crewkerne trader was accused of false and misleading practices towards his customers. While trading as ‘Flaming Burners’ in March 2017 Mr Park admitted to dishonestly making a false representation on his business’s Facebook page that he was registered with HETAS and a number of other schemes.

Park was sentenced to an 18-month conditional discharge and fined £400. He was also ordered to pay £800 towards the County Council’s prosecution costs. An additional £302 compensation was awarded to the victims.

Park was due to appear before Somerset Magistrates to enter pleas to 12 separate allegations but did not show up. A warrant was issued for his arrest.

Court Appearance

26-year-old Daniel Park from Crewkerne was prosecuted by Dorset County Council and pleaded guilty at Weymouth Magistrates’ Court on 5 November 2018 to three offences of publishing misleading claims: one under the Fraud Act 2006 and two under the Consumer Protection from Unfair Trading Regulations 2008.
While trading as ‘Flaming Burners’ in March 2017 Mr Park admitted to dishonestly making a false representation on his business’s Facebook page that he was registered with HETAS (Heating Equipment Testing Approvals Scheme) and other organisations.

HETAS has been supporting consumers who have been misled by Park and along with one consumer, HETAS featured on BBC Points West to identify the poor workmanship undertaken by Park and promoting the benefits of using a HETAS Registered Installer.

Comment

Representing himself, he told Recorder Jonathan Barnes he was “very sorry” for what he had done, adding that he had “found himself in a position where he didn’t know what he was doing”.

Sentencing him, Mr Barnes said:

“You operated as a rogue trader causing some customers substantial financial loss. You held yourself up as a competent qualified and appropriately-registered installer of wood burners and solid fuel stoves. You had a Facebook site where you obtained work but it was full of fraudulent and misleading information about your qualifications.”

He also stated “There can be no question of you working as a rogue trader again. If you do you will go straight to prison and to prison for a long time.”

Prosecution

Park has been given a four-month jail sentence suspended for two years and was also ordered to carry out 200 hours of unpaid work.

HETAS received thanks from the Trading Standards for our time in providing evidence for this case, without which Park would likely not have been prosecuted.

HETAS will continue to work hard to promote reputable registered installers and tackle rogue installers with support from Trading Standards. If you are aware of a rogue installer or someone falsely claiming to be registered with HETAS please contact our whistleblowing team. Used to ensure consumer safety and prevent bad installations, the whistleblowing helpline is a great resource for those seeking both action and solutions.

A HETAS representative says: “We always want to hear about businesses falsely claiming to be HETAS registered, who appear to be misusing the brand or those who do not comply with standards and regulations. As an organisation, our purpose is to promote the safe and effective use of solid fuels, biomass and related technologies. We would implore anyone with any concerns about rogue traders in your area or non-compliant installations to get in touch with HETAS.”