Greenford memorial mason Kenward and Son Limited and its director were fined and ordered to pay compensation to the victim in a prosecution brought by Ealing Council.

Kenward and Son of 43 Greenford Road, Greenford, UB6 9DR, and company director Mr Nicholas Batt were fined £5,000 each and ordered to pay £1,859 in compensation to the victim as well as the council’s costs of £1,954 and a victim surcharge of £120, a total penalty of £13,933.

Both the company and director pleaded guilty to eight offences relating to trading practices under consumer protection legislation at a hearing at Ealing Magistrates’ Court on 21 April 2016.

Trading standards brought the prosecution following an investigation which established the company had falsely claimed membership to the National Association of Memorial Masons (NAMM), the only trade association for this business sector.

Action was taken following a complaint about a disputed inscription on a family headstone and false claims relating to the consumer protection available to the victim.

Kenwood and Son had been commissioned to work on the family memorial based on their claim to NAMM affiliation by means of two large logos prominently position on the front of their shop. The inscription was of such poor workmanship the victim complained and asked the company to refer the resulting dispute to NAMM for arbitration under their membership rules.

It was at this point the company admitted it was not a member of NAMM. Trading standards found that, contrary to their claims at the shop and on their website, Kenward and Son had not been a member of NAMM since 2010. The company has since removed the logos and the statement.

Councillor Ranjit Dheer, cabinet member for safety, culture and community services, said: "This outcome is an excellent example of the council’s work to protect consumers and tackle unscrupulous traders and unfair commercial practices in Ealing."

"Kenward and Son misled the victim from the start, intensifying their grief and vulnerability at a time when they warranted compassion and understanding. We are committed to making the borough a safer and fairer place for everyone and will take strong action against local businesses that break the law."

Phillip Charles Potts, NAMM’s National Executive Officer, said: "We support and welcome this robust action by Ealing Council. NAMM membership gives the public and individuals, at a time when they are most vulnerable, a quality assurance about its member masons. A consumer entrusting a NAMM member gains many benefits and protection beyond the minimum legal requirements."

"The misuse of our logo to falsely claim affiliation harms both consumers and our legitimate professional members. We encourage anyone affected by or aware of such malpractices to report the matter to trading standards and NAMM."

Kenward and Son and the company director have since appealed against the sentence, which is due to be determined at the Crown Court in June.