help! caught with no mot, dealer at fault

enfield_freddy

Car_54 wrote: »

But only if you have a pre-arranged appointment.

yes I omitted that , OP ring the MOT garage up , before setting off , and give them your reg number

Car_54

~Linzi~ wrote: »

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!

OK, some advice:

1. Get the car MOT'd ASAP. Don't drive it until you have.

2. You will almost certainly get the offer of a £100 fixed penalty. Accept the offer. The alternative is to go to court where you'll be found guilty and it will cost you a lot more.

3. Go and complain to the garage. The worst that can happen is they tell you to get lost. If they do, it's not worth the time and effort of trying to take it further.

neilmcl

~Linzi~ wrote: »

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

You need to calm down! Nobody's treated you like a criminal, in fact quite the opposite.

The advice is simple, get the car MOT'd asap, pay the fine if and when you receive it, and contact the original dealer for recompense, in that order.

Car_54

enfield_freddy wrote: »

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

No you can't. Most insurers ask for "convictions, including fixed penalties".

neil.net

~Linzi~ wrote: »

...im looking for some advice not to be slammed like ive purposely done this!

No one is slamming you, but just giving you the advice that there is little you can do from a drivers perspective. It's the drivers responsibility to ensure the car they are driving is road worthy (and that would also apply if the vehicle had an "valid" MOT cert but was physically unroadworthy), the same would apply if you'd borrowed a friends car and were pulled over. The police will take a clear cut view of the fact it's drivers responsibility, so whilst you could have some financial comeback on the dealer (if you want to take it further) you need to take this in the chin. By all means state your circumstance to the police, but at the end of the day it's relatively clear cut.

enfield_freddy

Car_54 wrote: »

No you can't. Most insurers ask for "convictions, including fixed penalties".

Trolled a bit on the net from what i can pick up its only applicable if your licence is endorsed, you would also have to declare every parking ticket you got as well.


just done a renewal check online , and only convictions with endoseable codes are required.

Marktheshark

What can you do other than go to court and argue, which will result in a whopping fine, court costs and victim surcharge.
I can tell you now, you will be looking at £450 in Mags court, they take a very harsh view of people turning up and blaming it on someone else.
If they offer you a FPN of £100 take it.
As said your responsibility is to check, it is not the sort of thing you can leave to someone else or make assumptions about.

You have my sympathy, but take the FPN if they give one.

DaveTheMus

~Linzi~ wrote: »

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!

What does this even mean?


Look, it's your car and it's your responsibility to check it's got an MOT....

You were driving a car that doesn't have a valid MOT....a criminal offence but not a serious one.

You're lucky you never had an accident because your insurance would most likely have been invalid.


If you're lucky for legal advice then you'll have to speak to your lawyer...

~Linzi~

specialboy wrote: »

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.

lets get a few things straight here!!
1 i don't know if the car is safe or not till i get it in for an mot/ check
2 i do look after my car thanks but im no mechanic and i don't no one person who gets their car checked at a garage evey week by a professional if you have the money to do that then good for you but i dont
3 you cant blame me any more than i blame myself its defiantly a lesson learned but what about the dealer selling me a car that could and i state COULD have a problem we are not aware of making it unsafe in some way, and if this isn't just a one off thing then he is putting more people at risk don't you agree and he has to be committing a more serious offence than me not checking my paperwork

i viewed the car the dealer arranged the mot and for us to collect it about a week after viewing regarding the mot went ok, i spoke to the seller after the car had apparently had its mot and was assured that it was all good and ready to collect so that's what happened, i picked up the car and put the paperwork into a folder to keep safe an that was that.

comeandgo

You don't need to get a garage to check your car every week, you do it yourself. Does it still have four wheels, three wipers, no broken lights, water in the washers, oil in the thingy, tread on the tyres. Are these checks not part of the driving test now? your error was in trusting someone to do their job properly.