Fair Trading Minister Stuart Ayres has welcomed the ex-parte conviction of travelling conman William Barr who operated from Parkes.
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Mr Barr, also known as William ‘Billy’ Orchard, is the sole director of Global Asphalt Pty Ltd, a registered company since 9 August 2011.
On April, 10, 2014, Mr Barr was convicted in Parkes Local Court of two counts of failing to provide termination details on an unsolicited consumer agreement, two counts of failing to comply with requirements for unsolicited agreements and two counts of supplying or accepting payment within the 10-day cooling off period for unsolicited work.
He was ordered to pay fines and costs totalling $30,510.
Global Asphalt Pty Ltd was also convicted of two counts of failing to provide termination details on an unsolicited consumer agreement, two counts of failing to comply with requirements for unsolicited agreements and two counts of supplying or accepting payment within the 10-day cooling off period for unsolicited work.
Mr Barr’s company was ordered to pay $48,510 fines and costs.
“Mr Barr made unsolicited agreements with two consumers to lay bitumen on their properties,” Mr Ayres said.
“The quality of the work was very poor and the price Mr Barr demanded from his customers was excessive, causing them to take their complaints to Fair Trading.
“I am satisfied the court took these offences seriously enough to warrant such steep fines.
“Members of the public must be protected from unscrupulous operators like Mr Barr.”
The court heard that on December 5, 2013, Mr Barr cold-called a business, telling the owner he had some bitumen left over and could seal the business’s car park for $16 a square metre.
No written copy of the agreement setting out the consumer rights was provided at this time.
The business owner accepted a verbal agreement to seal a specified area of the car park.
However, when returned later that day he discovered Mr Barr had sealed a much larger area than had been agreed.
Mr Barr demanded payment of $12,480 plus GST.
A dispute over the cost then took place between the two parties with the business owner eventually agreeing to pay the defendant $8,800 on the undertaking Mr Barr cease work immediately and leave the premises.
A later inspection of the work completed on the car park revealed it was sub-standard and the business owner lodged a complaint with Fair Trading.
The court also heard that on December 16, 2013, Mr Barr approached a couple at their home in Forbes and made a similar offer to seal their driveway.
The couple agreed to have part of the driveway sealed for $320.
However, some time later the couple noticed Mr Barr had finished sealing their driveway and had commenced sealing the neighbouring driveway belonging to a business owned by the couple.
Mr Barr refused to cease work as instructed and told the couple they would have to pay him $5,600 for the work completed.
After a dispute over the cost, the couple agreed to write out a cheque to Global Asphalt Pty Ltd for $3,200.
After Mr Barr left the premises the couple stopped payment on the cheque and lodged a complaint with Fair Trading.
“When Fair Trading caught up with Mr Barr at the Spicer Caravan Park in Parkes he made certain verbal admissions regarding conducting work at Parkes and Forbes,” Mr Ayres said.
“This prosecution is the culmination of this action and demonstrates the effectiveness of reporting dishonest business dealings to Fair Trading.”
People offering or carrying out home building work valued in excess of $1,000 (labour and materials) on residential properties in NSW are required to be licensed.
Consumers should ask to sight that licence, which is similar to a credit card with details of the trader’s name and licence category.
Licences can also be checked online at www.fairtrading.nsw.gov.au or call 13 32 20.
Report travelling conmen to the national Travelling Conmen hotline on 1300 133 408.
To watch Driveway Scam – don’t get fooled by dodgy tradespeople, go to http://www.youtube.com /watch?v=3K1MePV-8kY
Visit the Stop Travelling Conmen Facebook page at: http://www.facebook.com/StopTravellingConMen and check the interactive map for reports of travelling conmen at www.stoptravellingconmen.org.