Counterfeit car parts: there have been countless stories on the subject, most recently the seizure of 3,600 components including spark plugs, filters and sensors, from a self-storage unit in Gloucestershire worth an estimated £100,000.
The seizure was the result of coordinated activity from eight car manufacturers, the Intellectual Property Office (IPO) and trading standards.
But while risks exist, the problem for the trade is simple – actually being able to spot the fakes.
John Nixey, owner of Chinnor based Motec, says that when it comes to spotting the fakes he struggles as, in his view, “they’re that good.” It’s why he hopes that his factors supply only genuine parts.
That said, Motec does source parts from overseas – timing chains and sprockets from Lithuania for example. It does so because they’re cheaper – even after import duties – but again, Nixey trusts these suppliers to send only genuine items.
Leigh Brown, director of Summertown Garages in Oxford, also says that counterfeits are almost impossible to tell from the genuine. The only check he can make is to look at the finish of the parts and the packaging.
Again, like Motec, to lower the risk he only sources from known manufacturers and factors.
When it comes to aftermarket parts, things become a little trickier for Brown, noting that while there are differences, they’ll “hopefully [still] be a decent quality part.”
But in terms of OEM parts, it doesn’t help Brown that there are some situations he’s come across where “genuine products have been sourced, but [the supplier has] taken the numbers off.”
He adds that product failure doesn’t necessarily indicate a counterfeit item: “We've had products from reputable sources… and it’s caused us problems, but that's just down to a fault.”
To combat the rise of counterfeit parts, the IPO began a campaign in October 2024, ‘Fake always breaks’, to highlight to all the risks involved and how to check on fake goods.
Key to this are the legal risks, which Andrew Hopkin, a partner in the criminal, compliance and regulatory team at Browne Jacobson, warns involves criminal liability and possible prosecution.
It’s a point that Michael Cordeaux, a senior associate at Walker Morris, expands on. He says that those who knowingly sell or fit counterfeit products face the most severe risks, potentially committing fraud as well as trademark offences. “Offenders risk imprisonment, fines and confiscation of stock and profits realised from the supply of non-genuine parts may also be recovered under the Proceeds of Crime Act 2002.”
Similarly, Hopkin details likely substantial legal defence costs, and expensive recall programmes requiring identification and remediation for all affected customers. On top of that are insurance complications with “insurers refusing cover for claims involving counterfeit parts and imposing increased premiums. Businesses may lose authorised dealer status, cutting off access to genuine parts at trade prices and manufacturer support.”
Beyond this is the negative publicity and social media exposure.
Hopkin also explains that “consumer protection offences might arise, whilst health and safety violations can occur where defective components create a risk of accident or injury.” He adds that in the worst cases corporate or individual manslaughter investigations could follow a fatal accident.
And then there are contractual issues cited by Cordeaux. He stresses that under law “customers can demand refunds, replacements and compensation from garages if fake parts are fitted. Businesses may face civil claims from customers for injury or breach of contract and find that insurance cover is not available if policy terms governing parts procurement have been breached.”
Cordeaux ends by saying that “lack of actual knowledge that a part is counterfeit does not mean immunity, or that someone else in the supply chain must be pursued instead; regulators will expect diligence to be conducted on suppliers and sufficient measures taken by all traders to be satisfied parts are genuine.”
The trade has been warned.
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