Organisers of tat sales across England and Wales are watching a civil case due before Birmingham County Court this week with great interest, as it could signal the end of car boot sales as we know them.
Howard Cannitbie, a 56 year old civil engineer from Halesowen is suing Donald McGregor from Washwood Heath for mis-representation, fraud, breach of contract and loss of reputation after a sale in Worcester 5 years ago.
Mr Cannitbie was a customer to the salesground at the Ketch Island and Mr McGregor a vendor.
In papers lodged withn the court, Mr Cannitbie alleges that when he tried to buy the car boot of Mr McGregor's 2001 Mondeo, Mr McGregor refused on the ground that he was only selling the contents of his car boot and not the car boot itself.
"That was never made plain anywhere in the pre-sale literature or at any point on the pitch site itself. I was looking for a car boot from a Ford Mondeo to complete a lifesize art installation for a art class I was taking. Mr McGregor's vehicle was battered and rusted enough to be perfect. So I offered him £300, which I though was a reasonable offer, and he met me with a tirade of abuse." Mr Cannitbie told reporters.
"The fact that I failed the course because I couldn't find a car boot in time for the graduating exhibition is almost by-the-by. What I'm more concerned about is the misleading title of these kinds of sales and the assumption that people are expected to turn up and hand over their hard earned cash with little or no chance of going home with an actual car boot."
Donald McGregor, who owned the car boot in question, was unavailable for comment, but his solicitor, Sophie Dee, confirmed that the case would be vigorously defended.
"I mean what's next? Jumble sales prosecuted for having no white elephants on sale? Mr Cannitbie may have his heart in the right place, but his mind is quite obviously not between his ears."
