MOT failed then passed. Small claims vs VOSA?
Discussion
Hello all, some legal advice required please (I've redacted some names, including make and model of the vehicle etc.)
I had to book a very last minute MOT as I'd completely messed up my due dates in the calendar. The main dealer I usually go to was fully booked for 1 week so I booked online at [redacted], a national chain for the next morning.
Car went in, and I was telephoned an hour later to be advised of the following faults. 1) Hydraulic leak (do not drive until repaired, dangerous defects). 2) traction control warning lamp on (major defects) 3) suspension arm bush worn but not resulting in excessive movement Nearside Rear (advisories).
I was quoted the following 1) for the hydraulic leak would take at least 1 week and they would have to get the parts in 2) traction control would need a diagnostic on it to see where the fault was.
I declined any work to be done and picked up the car and drove it to the main dealer for another MOT. Usually I take it to them every year for an MOT and service. I am on friendly terms with the service department and they agreed to store my vehicle onsite for 1 week. I DID NOT INFORM THEM OF THE MOT FAIL. Three days later they managed to fit my car in and got the MOT done, I got emailed a video from the service department and they informed me the car had passed the MOT with the following advisory 1) suspension arm bush worn but not resulting in excessive movement Nearside Rear. They made no mention of the traction control. They hadn't picked up on the fact the car had failed the first MOT three days earlier. I picked up the car from them and collected the MOT certificate. I did not have a service carried out as I wanted a second opinion.
I then took the car to a third garage local to me, very highly recommended by local taxi drivers as the go-to place for all the local firms. I DID NOT INFORM THEM OF THE MOT FAIL. I asked them to service the car thoroughly. They telephoned me back to confirm the suspension bush was worn. I then informed them of the MOT fail and the subsequent pass. They said as they were an MOT test centre they would have checked everything during a service anyway. They did not see the traction control light on but as it was an on/off switch they would checked it. They suspected the main dealer service department had simply switched it back off. They agreed to have a second look at everything else and show me underneath the car when I came. They had the car up on lifts when I came to collect, I checked the car, all looked fine to me.
I went back to the first [redacted] shop to inform them of the MOT pass and the third garage opinion. I was given short shrift by the manager, and was told I wasn't entitled to my MOT fee back as he was 100% certain there was a leak and he believes the one of the other garages have fixed the car for free. He couldn't explain why the traction control button on/off button wasn't tried but said the failure stays as it is. He said I could speak to the head office and they would get a a regional manager to speak to me. He said he might have photos of the leak but wasn't certain.
The MOT fee in question is not huge but I'm annoyed with the national chain for their failure to acknowledge a possible mistake in failing the car and messing my time around.
1) The DVSA have an appeal service within 14 working days of the MOT test (https://www.gov.uk/government/publications/complain-about-an-mot) but I'm not sure if it applies to me as three days later it got passed. DVSA also suggest that no repairs be carried out. The third garage did change spark plugs and an oil and filter change.
2) I could use the Small Claims Court (https://www.moneyclaim.gov.uk/web/mcol/welcome) after first contacting head office and seeing where I get with that, otherwise I will would consider a claim.
What would you do and does the DVSA appeal preclude me from later claiming via Small Claims?
I had to book a very last minute MOT as I'd completely messed up my due dates in the calendar. The main dealer I usually go to was fully booked for 1 week so I booked online at [redacted], a national chain for the next morning.
Car went in, and I was telephoned an hour later to be advised of the following faults. 1) Hydraulic leak (do not drive until repaired, dangerous defects). 2) traction control warning lamp on (major defects) 3) suspension arm bush worn but not resulting in excessive movement Nearside Rear (advisories).
I was quoted the following 1) for the hydraulic leak would take at least 1 week and they would have to get the parts in 2) traction control would need a diagnostic on it to see where the fault was.
I declined any work to be done and picked up the car and drove it to the main dealer for another MOT. Usually I take it to them every year for an MOT and service. I am on friendly terms with the service department and they agreed to store my vehicle onsite for 1 week. I DID NOT INFORM THEM OF THE MOT FAIL. Three days later they managed to fit my car in and got the MOT done, I got emailed a video from the service department and they informed me the car had passed the MOT with the following advisory 1) suspension arm bush worn but not resulting in excessive movement Nearside Rear. They made no mention of the traction control. They hadn't picked up on the fact the car had failed the first MOT three days earlier. I picked up the car from them and collected the MOT certificate. I did not have a service carried out as I wanted a second opinion.
I then took the car to a third garage local to me, very highly recommended by local taxi drivers as the go-to place for all the local firms. I DID NOT INFORM THEM OF THE MOT FAIL. I asked them to service the car thoroughly. They telephoned me back to confirm the suspension bush was worn. I then informed them of the MOT fail and the subsequent pass. They said as they were an MOT test centre they would have checked everything during a service anyway. They did not see the traction control light on but as it was an on/off switch they would checked it. They suspected the main dealer service department had simply switched it back off. They agreed to have a second look at everything else and show me underneath the car when I came. They had the car up on lifts when I came to collect, I checked the car, all looked fine to me.
I went back to the first [redacted] shop to inform them of the MOT pass and the third garage opinion. I was given short shrift by the manager, and was told I wasn't entitled to my MOT fee back as he was 100% certain there was a leak and he believes the one of the other garages have fixed the car for free. He couldn't explain why the traction control button on/off button wasn't tried but said the failure stays as it is. He said I could speak to the head office and they would get a a regional manager to speak to me. He said he might have photos of the leak but wasn't certain.
The MOT fee in question is not huge but I'm annoyed with the national chain for their failure to acknowledge a possible mistake in failing the car and messing my time around.
1) The DVSA have an appeal service within 14 working days of the MOT test (https://www.gov.uk/government/publications/complain-about-an-mot) but I'm not sure if it applies to me as three days later it got passed. DVSA also suggest that no repairs be carried out. The third garage did change spark plugs and an oil and filter change.
2) I could use the Small Claims Court (https://www.moneyclaim.gov.uk/web/mcol/welcome) after first contacting head office and seeing where I get with that, otherwise I will would consider a claim.
What would you do and does the DVSA appeal preclude me from later claiming via Small Claims?
Tyre Smoke said:
Are you seriously considering taking a business to court for the MOT fee?
Get a life.
Some proper odd post recently i blame lockdown. Funniest is the ''redacted'' company probably had hundreds of posts on here with same modus operandi, then he takes it two other garages anyway, ODD as a chocolate covered cabbage.Get a life.
Alucidnation said:
Oceanrower said:
.....I believe your main dealer has broken the law by video recording the MOT.
.
What law?.
https://www.rbkc.gov.uk/idoxWAM/doc/Drawing%20-%20...
Section 4:1e
Maybe not the law but definitely not allowed by an MOT station.
“The use of recording equipment (CCTV) is unacceptable“
I'm sure like many on here, I've had advisories listed at a mot, done nothing about them, and a year later they have not even been mentioned at the next test.
This is because testers are all different, and although guided by the testers manual, its not always black and white what gets noted.
Traction control fault obviously is intermittent, picked up by one place, didn't play up at the next.
Oil leak, again, testers opinion on is severity, unless its obvious when checked there is no leak whatsoever, and the underside is bone dry, then what do you expect to do.
This is because testers are all different, and although guided by the testers manual, its not always black and white what gets noted.
Traction control fault obviously is intermittent, picked up by one place, didn't play up at the next.
Oil leak, again, testers opinion on is severity, unless its obvious when checked there is no leak whatsoever, and the underside is bone dry, then what do you expect to do.
Oceanrower said:
Alucidnation said:
Oceanrower said:
.....I believe your main dealer has broken the law by video recording the MOT.
.
What law?.
https://www.rbkc.gov.uk/idoxWAM/doc/Drawing%20-%20...
Section 4:1e
Maybe not the law but definitely not allowed by an MOT station.
“The use of recording equipment (CCTV) is unacceptable“
"For a site to be considered for approval it must provide the following:
e) a clearly identified weatherproof public waiting room or area from which the
whole test can be directly observed without interruption, except for road
testing (room for 2 seated people is considered sufficient)
mirror or camera relayed images may be acceptable if all parts of the
test can be observed as it would from an enclosed viewing area with
window. Consideration should be given to the quality of image
produced during variable light conditions. The use of recording
equipment (CCTV) is unacceptable "
So that is completely the opposite of what you were stating.
Happened to us with a few faults on a failure at an autocentre. Failed the car, "leaking shock absorbers" was the main one that stood out, considering they were bone dry and working fine.
Next day independent passed the car, no problem.
Never considered following it up, bit of a waste of time, in my opinion.
Next day independent passed the car, no problem.
Never considered following it up, bit of a waste of time, in my opinion.
Have you had someone carefully examine for the hydraulic leak? It may be very small.
I only ask as I've had thousands of MOT's done over the years, and I've seen many faults missed when the car's gone onto the sales check.
Some MOT testers make good use of a decent torch while checking for hydraulic leaks, some don't, just using a low powered inspection lamp.
I only ask as I've had thousands of MOT's done over the years, and I've seen many faults missed when the car's gone onto the sales check.
Some MOT testers make good use of a decent torch while checking for hydraulic leaks, some don't, just using a low powered inspection lamp.
Alucidnation said:
Oceanrower said:
Alucidnation said:
Oceanrower said:
.....I believe your main dealer has broken the law by video recording the MOT.
.
What law?.
https://www.rbkc.gov.uk/idoxWAM/doc/Drawing%20-%20...
Section 4:1e
Maybe not the law but definitely not allowed by an MOT station.
“The use of recording equipment (CCTV) is unacceptable“
"For a site to be considered for approval it must provide the following:
e) a clearly identified weatherproof public waiting room or area from which the
whole test can be directly observed without interruption, except for road
testing (room for 2 seated people is considered sufficient)
mirror or camera relayed images may be acceptable if all parts of the
test can be observed as it would from an enclosed viewing area with
window. Consideration should be given to the quality of image
produced during variable light conditions. The use of recording
equipment (CCTV) is unacceptable "
So that is completely the opposite of what you were stating.
A camera can relay the image if there is no viewing room but “the use of recording equipment is unacceptable “
Call it an assumption on my part but I’m pretty sure the dealer didn’t provide a live link to the OP’s laptop…
So, hardly the exact opposite of what I was saying, more, err, exactly what I was saying!
ATV said:
Hello all, some legal advice required please (I've redacted some names, including make and model of the vehicle etc.)
I had to book a very last minute MOT as I'd completely messed up my due dates in the calendar. The main dealer I usually go to was fully booked for 1 week so I booked online at [redacted], a national chain for the next morning.
Car went in, and I was telephoned an hour later to be advised of the following faults. 1) Hydraulic leak (do not drive until repaired, dangerous defects). 2) traction control warning lamp on (major defects) 3) suspension arm bush worn but not resulting in excessive movement Nearside Rear (advisories).
I was quoted the following 1) for the hydraulic leak would take at least 1 week and they would have to get the parts in 2) traction control would need a diagnostic on it to see where the fault was.
I declined any work to be done and picked up the car and drove it to the main dealer for another MOT.
<Snip>
It takes courage to publicly admit to driving a car recorded as dangerous at an MOT, . I had to book a very last minute MOT as I'd completely messed up my due dates in the calendar. The main dealer I usually go to was fully booked for 1 week so I booked online at [redacted], a national chain for the next morning.
Car went in, and I was telephoned an hour later to be advised of the following faults. 1) Hydraulic leak (do not drive until repaired, dangerous defects). 2) traction control warning lamp on (major defects) 3) suspension arm bush worn but not resulting in excessive movement Nearside Rear (advisories).
I was quoted the following 1) for the hydraulic leak would take at least 1 week and they would have to get the parts in 2) traction control would need a diagnostic on it to see where the fault was.
I declined any work to be done and picked up the car and drove it to the main dealer for another MOT.
<Snip>
As for the rest, can you be 100% certain where the mistake was made?
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