Expired MOT When Still Driving

Capyboppy

Hammyman wrote: »

Is she still driving it?

No Hammyman. Even though she had an event on Saturday evening and had paid for it, she wasn't stupid enough to drive.

Capyboppy

missile wrote: »

You could make the appointment for her or she could use http://www.textrelay.org/

Text relay is rubbish. Most Deaf do not use it as many companies put the phone down thinking when the operator starts to explain that it is someone cold calling.

Capyboppy

Wig wrote: »

So they already issued her with a £60 Fixed Penalty and a 7 days producer?

No, I found out today according to her, that it is just the £60 fixed penalty. They told her that if she found the MOT certificate and it wasn't out of date to take it to the police station and she wouldn't have to pay the fine. Of course they probably knew full well that she would find it out of date as that was what was on record! No 7 day producer as far as I know.


Did the police say that? If they did say that they were wrong, they can only impound if the vehicle is being driven uninsured or without license or if it is in a dangerous condition.

According to my research the car would have been uninsured if she had hit someone.


Did they say that?

They cannot increase the fine now that they have dealt with it with a fixed penalty.

If she did not get it MOT'd and she got stopped again and again and again, she would at some stage not be given a fixed penalty and would be taken to court, the first court would not fine her £1000 (more like £250) however after repeated ly being stopped and taken to court one of the courts may decide to up the fine to £500 or £750 and eventually £1000.

Correct. I have since found out if she ignored what they asked and drove it/didn't MOT it then it could be prosecution. That hopefully will not happen.


As far as I know..... No, they will not tell her insurers. When she renews her insuruance it's possible she may have to declare a fixed penalty for no MOT, but maybe Dacouch could comment on this, as it's not exactly a "conviction" is it.

Okay, thanks for that.


Best case is she will go to the police station with her expired MOT and a new MOT (although this is not required) to show she has done it = £60 fine pay the ticket

She says she has no need to go to the police station when she gets it MOT'd as she says it will automatically show up on the database. How true that is I don't know. Would have thought it would look better but if not required than I suppose she is right.


Worst case she drives to the police station still driving her unMOT'd car. Produces her expired MOT and has to pay the £60 ticket already issued. The police see that she's still driving her unMOT'd car and issue a caution that she will be prosecuted for continuing to drive an unMOT'd car, she goes to court where she will be fined anything from �£250 - £750 (in my opiion).

Thankfully I don't think she would do that. She has every intention of getting it done as soon as possible.


You could phone the MOT station to make the appointment for her. If it fails the test it does not matter, she leaves it with them for repairs or she does what she wouldnormally do if she wants it repaired by someone else she drives it to them for a repair or home again (off road parking), if she subsequently wants to drive it from home to the repairers she must book a repair appointment before setting off.

I will be travelling tomorrow but I should imagine she will get her daughter or other person to do it on this occasion.

Thanks for the detailed explanation.

Wig

Did the police say that? If they did say that they were wrong, they can only impound if the vehicle is being driven uninsured or without license or if it is in a dangerous condition.

According to my research the car would have been uninsured if she had hit someone.

Your research is incorrect they could not have impounded the car.

You're welcome

Capyboppy

[QUOTE

As for "she's deaf so it's hard for her" -- no, that's just life I'm afraid and she will be well-used to being inconvenienced due to her condition. Just because it's a mild inconvenience to get a booking organised does not give her the right to not bother with the MOT. She will have had the same problem with a whole bunch of other things -- does she not get her hair done for the same reason?[/QUOTE]

As someone who is actively involved in the Deaf Community I am quite aware of the inconveniences! It would have been more of a worry if they had dumped her on the side of the road due to not having the MOT. Don't tell me this doesn't happen with people as my husband has known of people where it has.

Capyboppy

molley wrote: »

How many times do we need to say what needs to be done .get it tested asap...get it repaired if necessary and take both the old and the new MOT Cert to the Plod Office and take the FP on the chin...( although why Plod need to see the Cert is beyond me ..they are all online on the VOSA website now anyway)

Molley, you may not realise but your reply unlike the others has come across very curt even if you have not meant it to! Your opening words make it sound like I have repeatedly asked the same question! People on here have kindly volunteered their advice and opinions regardless of the question and need for clarification. This just backs up what each other is saying. As I have now said, to the best of my knowledge she just has the fixed fine, and does not need (in her opinion) to take any documents to the police station. That was only if she had found an "in date" certificate.

spiro

Wig wrote: »

She doesn't need to show a new MOT cert, the producer is to produce a certificate for the time of the offence/stop and request.

Agree, but if the previous one has expired but she also takes a new (current) one at least that will show the police that she is driving an MOT'ed car. Not doing so could result in them taking further action. In most cases FPNs are the leniant option for the police to take for lots of offences.

cyclonebri1

Capyboppy wrote: »

No Hammyman. Even though she had an event on Saturday evening and had paid for it, she wasn't stupid enough to drive.

But she was stupid enough to drive for six months without it????

Sorry, just has to be said. Your friend may be genuine but many aren't, no offence I hope? ;)

Capyboppy

cyclonebri1 wrote: »

But she was stupid enough to drive for six months without it????

Sorry, just has to be said. Your friend may be genuine but many aren't, no offence I hope? ;)

December isn't six months, it is three and a half:-D No offence was taken:T

thenudeone

Wig wrote: »

She doesn't need to show a new MOT cert, the producer is to produce a certificate for the time of the offence/stop and request.

If she brings a new one in as well as the old one, the counter clerk will usually record details of both; in fact I would specifically ask for that to be done.

A genuine and legitimate part of the decision about whether to prosecute is: has the [defect / fault / mistake / whatever] been remedied? That is exactly why the Police often allow driver to escape prosecution for more serious (endorsable) offences (like bald tyres) if they get the vehicle repaired with 14 days.

If the driver has already been issued with a fixed penalty, it's not so important, just pay it. If not, it may swing the balance in favour of no further action being taken.