RE: Clocking loophole closing

RE: Clocking loophole closing

Monday 26th November 2012

Clocking loophole closing

Jail sentence for 'mileage correction' boss signals a clampdown on digital clockers



In what we hope will bring about the end to nefarious 'mileage correction' firms (clockers, in old-timer speak), the boss of one such company has been jailed for nine months.

Colin Ogle, proprietor of Swindon Decodes, pleaded guilty to five charges under the Consumer Protection from Unfair Trading Regulations (CPRs) 2008. It’s the first time a provider of mileage correction services, rather than a seller of clocked vehicles, has been jailed in relation to such a crime.

How clocking used to be done
How clocking used to be done
Until now, mileage correction companies such as Ogle’s have attempted to trade under a veil of legitimacy.  Their claim was that their activities were entirely legal, and that it was only illegal to sell on a car whose mileage had been tampered with. The internet is still awash with firms offering similar services. 

This conviction explodes that myth, and suggests that the vast majority of these businesses have been built up on an illegal premise.

The sentence comes as a result of an OFT market study into second hand cars, which estimated the potential loss to consumers of illegal car clocking to be up to £580m per year. The OFT said its investigation had concluded that “in certain circumstances, the business practises of mileage correction service providers may breach the CPRs” and added that its market study “also stated that to avoid prosecution, mileage correction businesses would need to show that they had taken all reasonable precautions and exercised all due diligence to avoid the commission of an offence.”

So if you hear a mileage correction advocate describing the activity as totally legit, point out the Ogle case and see what they say. Nevertheless, there is still something of a legal grey area surrounding the legitimacy of these firms’ activities, which is why vehicle data provider HPI has been leading a campaign for clearer legislation and stronger measures to be taken in an effort to shut them down.

The company has launched a Government e-Petition, which it’s urging car enthusiasts to sign, in an effort to have the matter looked at more closely by lawmakers.

You can put your name to the e-Petition here – with a bit of luck, it’ll lead to more convictions for fraudsters like Ogle, and reduce the opportunities out there for people who want to make a quick buck out of honest motorists.

Author
Discussion

Numeric

Original Poster:

1,396 posts

151 months

Monday 26th November 2012
quotequote all
I hate clocking but am well aware how much it happens. I'm old enough to remember when BMW bought out what may have been the first digital mileage guage under the claim of being clocker proof! A few months later I was shown in a Frankfurt backstreet by a nefarious hoodlum how much easier it was to clock a car with a computer and his love of the BMW system - saved so much messing around with a screw driver!

oilit

2,625 posts

178 months

Monday 26th November 2012
quotequote all
Good news!

There is no legitimate need for these services...any use of them is purely illegal IMHO. The excuse of a change of clocks due to old ones being faulty/broken and wanting to show correct mileage is BS - I would rather buy from somebody who told me the truth and the retained the old non working clock, receipt for new one, and the service history and MOTs to show the traceability!

Vipers

32,876 posts

228 months

Monday 26th November 2012
quotequote all
Why is it so bloody difficult to impose laws that can prosecute these slimy barstewards rather than leaving sort of legal loopholes to let them wriggle out of.

That's Britain for you. Drop a shopping list in the high street, bang £60 fine for littering.

Clock a car taking thousands off the value, well it's sort of not actually illegal my honour. (smirk smirk)




smile

Motorrad

6,811 posts

187 months

Monday 26th November 2012
quotequote all
Agree that firms like this shouldn't be allowed to operate openly.

However anyone thinking this will make the problem go away are very naive.

I read this article and within 60 seconds found a kit that will allow me to achieve the same results- the cat is out of the bag.

Chevykevv

1,447 posts

207 months

Monday 26th November 2012
quotequote all
Why has it took so long? This problem has been around for years!

Dog Star

16,131 posts

168 months

Monday 26th November 2012
quotequote all
Vipers said:
Why is it so bloody difficult to impose laws that can prosecute these slimy barstewards rather than leaving sort of legal loopholes to let them wriggle out of.

That's Britain for you. Drop a shopping list in the high street, bang £60 fine for littering.

Clock a car taking thousands off the value, well it's sort of not actually illegal my honour. (smirk smirk)

smile
Too true; nothing has really been done about dealers clocking cars; the fines are paltry.
The situation is a bit analagous to that of so-called "travellers"; they turn up on land, st the place up, nick everyone's lawnmowers etc etc and yet there is pretty well nothing that can be done by the police and it takes weeks and weeks and rafts of court orders to get them shifted.

In the case of "travellers" and clockers I'd like to know just what on earth is the difficulty that the government have in passing tough legislation on dealing with them. Do they possess huge amounts of voting power or something? confused

northwest monkey

6,370 posts

189 months

Monday 26th November 2012
quotequote all
Dog Star said:
Do they possess huge amounts of voting power or something? confused
Ooman rites.

rolleyes

prg123

1,307 posts

163 months

Monday 26th November 2012
quotequote all
Surely with encryption methods, it would be possible for the car companies to lock down the system so that only main dealers can change the mileage on a car....

- Pete

Steve H

5,274 posts

195 months

Monday 26th November 2012
quotequote all
The first difficulty is that there are some legitimate reasons for mileage correction being done. Mileage is typically stored in a number of ecus on a modern car so when a controller fails it's replacement will need to adopt the mileage of the car; this is fine if you are fitting new parts and programming using dealer equipment but if you put a used part on you may end up displaying the (higher) mileage from the part that has been fitted.

It's tricky to ban clocking kit that has a legal use and hard to prove it's knowingly being used for illegal purposes, this is why the sellers tend to be the ones that get prosecuted.

Nigel Worc's

8,121 posts

188 months

Monday 26th November 2012
quotequote all
Isn't this stuff being tackled from the mot end too ?

I've seen new style mot certs with the mileage details of the last 5 mots on.

So as well as being clocked, you'd need a forged mot cert too ?

ZesPak

24,427 posts

196 months

Monday 26th November 2012
quotequote all
Steve H said:
The first difficulty is that there are some legitimate reasons for mileage correction being done. Mileage is typically stored in a number of ecus on a modern car so when a controller fails it's replacement will need to adopt the mileage of the car; this is fine if you are fitting new parts and programming using dealer equipment but if you put a used part on you may end up displaying the (higher) mileage from the part that has been fitted.

It's tricky to ban clocking kit that has a legal use and hard to prove it's knowingly being used for illegal purposes, this is why the sellers tend to be the ones that get prosecuted.
yes

My father-in-law once had to replace his dash due to a speed indicator failure.
He got a nice unit for about £40 at the local salvage yard, but it had a higher mileage. He had a certificate drawn out, but he might as well have it "clocked" without fooling anyone.

It's the same thing as with "torrents" I think, you can use them for own use, download free software like linux distro's, but the vast majority of them are used to download illegal content.

packman10_4

245 posts

194 months

Monday 26th November 2012
quotequote all

I know a couple of company's who run VW and BMW in the fleet , at the end of the lease term they get a chap in who removes at least 30-50k of the total miles thus the company saves ££££ ,s in pence per miles over the aloud milage.....

Very wrong but have been doing it for years and it will still go on.....

98elise

26,542 posts

161 months

Monday 26th November 2012
quotequote all
Nigel Worc's said:
Isn't this stuff being tackled from the mot end too ?

I've seen new style mot certs with the mileage details of the last 5 mots on.

So as well as being clocked, you'd need a forged mot cert too ?
Nope...if you are a high mileage driver you buy a new car, do 100k miles in the first 2 years, and before the first MOT you get it corrected to 10k. Some people get it corrected yearly. It adds 1000's to the value of a car.

There is such a small market for legitmate correction, that it should be something main dealers would do for a reasonable fee. It would kill the correction industry over night.

samoht

5,703 posts

146 months

Monday 26th November 2012
quotequote all
Can't help but feel that this is barking up the wrong tree.

We're trying to make the odometer be an audit of miles driven, and hence of (one factor in) the value of the car. But it is under the control of the person who's (potentially) trying to trick you - so it will never be a reliable proof against a fraudulent seller.

Rather, I would simply see the odo as an assistant, and rely on MOTs and service history to prove, well, the car's history. The new govt website allowing you to see a car's MOT history is very helpful in this regard - if the mileage has gone backwards at any point, it'll be fairly obvious!

braddersm3

202 posts

193 months

Monday 26th November 2012
quotequote all
Whilst I despise this practice,they are filling a requirement by the real criminals,invariably lease car owners.1 owner cars 30kper year,clocked yearly sold at 3 years old with 30k and fsh...due first mot!

dave_s13

13,814 posts

269 months

Monday 26th November 2012
quotequote all
When I bought my Volvo v70 a few years back the clocks failed. The dealer put used ones in from a newer car and the mileage went from 103k to 74k

He had it corrected back up to the higher mileage and I got a receipt to that effect

So, there is a legitimate use for this service, I'm sure it's not always used as such though.

To add.... DIM replacement at the volvo main dealer is an £800+ job.

Edited by dave_s13 on Monday 26th November 08:42

gforceg

3,524 posts

179 months

Monday 26th November 2012
quotequote all
Shirley it must be possible for the ECU to store an uneditable (read only) record of the mileage which isn't affected by digital alteration of the feed to the odometer in the dash? This record could only be viewed by authorised main dealer staff if there was a query over a car's mileage.

Too simple?

wst

3,494 posts

161 months

Monday 26th November 2012
quotequote all
gforceg said:
Shirley it must be possible for the ECU to store an uneditable (read only) record of the mileage which isn't affected by digital alteration of the feed to the odometer in the dash? This record could only be viewed by authorised main dealer staff if there was a query over a car's mileage.

Too simple?
What if you change the ECU?

Podie

46,630 posts

275 months

Monday 26th November 2012
quotequote all
172 signatures...?

kambites

67,554 posts

221 months

Monday 26th November 2012
quotequote all
gforceg said:
Shirley it must be possible for the ECU to store an uneditable (read only) record of the mileage which isn't affected by digital alteration of the feed to the odometer in the dash? This record could only be viewed by authorised main dealer staff if there was a query over a car's mileage.

Too simple?
It would take about ten minutes to work around - you'd just need to remove the Flash/EEPROM device the ECU was using to store the mileage, write a lower value using a stand-alone programmer, then solder it back on.

Whatever you do, you can probably never stop people from changing the whole module over to one from a lower mileage car.