Two men who set up what they claimed to be a Lapland-style theme park, but which amounted to no more than fairy lights and a broken ice rink, have been convicted of misleading thousands of customers.
The brothers, Victor Mears, 67, and brother Henry, 60, could be jailed after failing, spectaularly, to deliver on guarantees made in advertisements, including: a winter wonderland with snow-covered log cabins, a nativity scene, husky dogs, polar bears and other animals, as well as a bustling Christmas market.
Within days of the Lapland New Forest attraction opening in November 2008, a large number of disgruntled visitors complained to trading standards officials that they had been conned.
Less than a week later, the attraction closed, with the brothers blaming the media and sabotage by “New Forest villains” for the decision.
Dorset Trading Standards prosecuted the Mears under consumer protection laws introduced three years ago.
The brothers denied eight charges of misleading advertising but they were found guilty on all counts after a jury at Bristol Crown Court heard a catalogue of complaints from a string of disgruntled customers.
With visitors charged £30 a ticket and with up to 10,000 advance bookings online, the Mears brothers were set to pocket £1.2 million.
They advertised the theme park on its own website, in local newspapers and with flyers.
The eye-catching website offered a “snow-covered village near Bournemouth” with a “magical tunnel of light”, “beautiful snow-covered log cabins”, a “bustling Christmas market”, “wonderful ice rink” and “delicious hot and cold seasonal food”.
In bold, the website stated: “The attention to detail of our theme park will truly wow you.”
It also boasted: “As our show is being staged for the first time, our website can only begin to hint at our wonderland.” Flyers for the theme park promised: “Lapland New Forest – where dreams really do come true. Lapland has come to Dorset.”
Visitors travelled from as far as west Wales, the Midlands and the south east of England to visit the theme park at Matchams Leisure Park, near Ringwood, Hants.
Within days of Lapland New Forest opening, thousands of people had complained to Dorset Trading Standards.
Within a week, Lapland New Forest had closed and the company behind it had gone into liquidation.
Before heading into the court room today, Henry Mears dismissed the complaints by sarcastically asking if people wanted real polar bears.
Speaking on local radio station before he and his brother went on trial, he insisted customers were getting what was advertised on his website.
“If people stroll around and take in the whole experience… it is beautiful,” he said.
Prosecutor Malcolm Gibney said of customers at the start of the trial: “Some of them travelled many, many miles and they told of their utter disappointment at what they saw, and their anger. The only feeling of ‘wow’ that many of the consumers felt was ‘wow, what a con’.
“There were a lot of families with young children that spent a lot of money on what they hoped would be a wonderful Christmas treat.”
Victor Mears, who has previous convictions for obtaining money transfer by deception, VAT evasion and conspiracy to defraud, admitted he took a “bit of a gamble” in setting up Lapland New Forest without investing any money.
He said that rather than write things down, he made verbal agreements and arranged many of the details in his head, like a market trader. “I showed due diligence. I did everything I could to account for everything.”
Judge Mark Horton adjourned sentencing until 18 March for the preparation of pre-sentence reports but warned the brothers they could be jailed.
Addressing barrister Rossano Scarmardella, who represents Henry Mears, the judge said: “In this case this jury have found that your client and Mr Victor Mears have promised by deceit to satisfy dreams and have delivered misery by way of disappointment to thousands of people.
“I am bound to say that this court is considering in this case whether a term of imprisonment may follow.”