help! caught with no mot, dealer at fault

~Linzi~
~Linzi~ Posts: 42 Forumite
hi can anyone help i bought a car from a car dealer 6 months ago with 12 months mot or so I thought, we viewed it paid deposit, he arranged to get the car mot and for us to collect it, i still have the receipt which states this on it. I didn't check my paperwork when i collected the car as i trusted the seller and really didn't expect this to happen!

i was pulled 2 days ago by the police apparently there is no mot on my car and hasn't been for the last 6 months, me having a really busy week and that day in particular i didn't even realise as my last car was the same as my current car i just thought it was my fault an that i must have just forgot about it and that's what i told the police at the time as that's what i thought i had done it was only after getting home and telling my partner that i realised i hadn't forgot at all infact i only bought the car that month with 12 months mot on it.
so i check my paperwork and spot the mot he gave me is for a different car not mine

the police gave me a ticket and told me i will hear within 28 days regarding what action is going to be taken against me (he added, most ppl just get a fine of upto £100) but this really wasn't my fault i bought the car from a dealer with 12 months mot the only mistake i made was not checking the paperwork ive drove this car with my 3 children in and i don't even know if its safe to be on the road im now looking at not just a fine but a criminal record.

if anyone has any advice regarding my situation i would be extremely grateful.
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Comments

  • GwylimT
    GwylimT Posts: 6,530 Forumite
    1,000 Posts Combo Breaker
    As the driver of the car you are responsible for makinf sure it has a valid MOT etc.

    When you say the MOT certificate you have refers to a different vehicle can be more clear? Eg, is the number plate just out?
  • root
    root Posts: 154 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    It takes seconds to check when your tax and MOT are due online. I don't see how you are not to blame.
    ~Linzi~ wrote: »
    ive drove this car with my 3 children in and i don't even know if its safe to be on the road


    :wall:
  • Paradigm
    Paradigm Posts: 3,656 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    ~Linzi~ wrote: »
    im now looking at not just a fine but a criminal record.

    if anyone has any advice regarding my situation i would be extremely grateful.


    It's just a fine... no criminal record, not even points on your licence!
    Always try to be at least half the person your dog thinks you are!
  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    OK , calm down , take the car to a garage for am MOT tomorrow , its not illegal to drive (directly) to the MOT station,


    try not to use the likes of quik fit , or even a main dealers , as they will try to fail it and sell you parts.


    the best place to go actually is your local council , if they have an MOT station.


    you are technicly guilty of the offence , so when you get a nice little letter from the courts/police , just plead guilty and pay up


    the offence does NOT carry points , and so you can omit this "guilty" plee to your insurer.


    your posting is hard to decipher , but if I read it correctly , you bought the car on the understanding it had an MOT , and it had not,


    I would be re visiting the dealership or sales pitch and quietly (at first) asking them for the £100 to pay the fine.
  • specialboy
    specialboy Posts: 1,436 Forumite
    Go to the dealers and see if you can get them to pay your fine, ultimately it is your responsibility but as you say, you were told that the car had 12 months mot on it. As far as your claim that you have been driving around with an unsafe car I'm afraid it's u to you to make sure it's safe before you go onto the rad in it, are you one of the drivers who believe that once it's mot'd it will be safe for a year? You should check your car at least weekly.
  • ~Linzi~
    ~Linzi~ Posts: 42 Forumite
    i know its down to me to check these things i could kick myself for not checking the paperwork but its not something i expected from a car dealer when i bought the car with a 12 month mot on it, i still have the receipt from the dealer that states this on it. i didn't forget to mot my car! im only asking for some advise on what i should do now not to be slammed like a criminal

    the car is listed as a rover 25 on the mot, mine is an MG same colour ect but different reg.

    thanks linzi
  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    edited 6 April 2015 at 1:22PM
    ok , the garage have confused 2 cars rover and MG are/were essentially the same make


    boss to slave in workshop , "take that blue "dog" , (sorry rover) for an MOT




    lad spots nearest roverish looking car and takes it for a MOT


    "did it pass"


    "hello evening paper , can I place an add"


    the garage have made a mistake , and have probably had to pay for a duplicate MOT for the other car (mg) before they sold it , as they thought they had lost it


    follow my post above , accept the offer of a fixed penalty and either MOT it yourself or take it back to the garage for your "free" mot.
  • ~Linzi~
    ~Linzi~ Posts: 42 Forumite
    root wrote: »
    It takes seconds to check when your tax and MOT are due online. I don't see how you are not to blame.




    :wall:


    i put my trust in a dealer that was my mistake, his job is to sell cars as described and that isn't the case here i didn't forget to mot my car, i didn't buy from some random person just selling there car i bought from a car dealer who told me himself that the mot went fine and it only needed 1 new part which has been done, i don't mean to be rude but im looking for some advice not to be slammed like ive purposely done this!
  • Car_54
    Car_54 Posts: 8,760 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    OK , calm down , take the car to a garage for am MOT tomorrow , its not illegal to drive (directly) to the MOT station,

    But only if you have a pre-arranged appointment.
  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    Linzi , stop worrying , its not the end of the world , apart from the shock of being stopped by the police!


    now I am not trying to slam you down


    here are a couple of links to keep in your favorites


    ask MID , http://ownvehicle.askmid.com/ the insurance database , (same as the police use) this is handy if you have any problems with renewal , or after changing your car , if its not listed on there the police will stop/impound


    more applicable in your situation MOT database https://www.gov.uk/check-mot-status


    and finally the road tax one https://www.gov.uk/check-vehicle-tax


    there is a new one started , last time I used it, it was "beta" and had faults , should be fixed now , driving licence check https://www.gov.uk/view-driving-licence


    follow my ideas/suggestions on my postings further up , and chill


    Alan
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