help! caught with no mot, dealer at fault

~Linzi~

robatwork wrote: »

I think you are getting a lot of stick on this thread because you aren't taking responsibility for this at all. I think if you approach this from:

"Put my hands up, this was my mistake but the dealer also made a balls up" point of view

then you would get more sympathy. You should have checked the MOT paperwork - nobody else should have done this for you.

So - get an MOT.
Then pay your fine
Also complain in writing to the dealer, at the very least you should get a refund for any expenses relating to the MOT - the MOT itself and any reasonable repairs in my view.
Then you can negotiate about any ex gratia payments due to their mistake.

Good luck

that's the thing though i do take responsibility for this and i apologise if ive come across otherwise.
I held my hands up and blamed myself to the police at the time, if i wanted to pass the blame i would have from the start, that's not what im doin im just stating the fact that the dealer as done wrong here or made some kind of error and i dont think someone in his position should be allowed to do this kind of thing isn't there laws againt this!

i just didn't no if to contact the dealer , inform the police or what.
i dont want to inform the police and show them all the paperwork to confirm my story ect if they are gonna think im just trying to pass the blame and make things worse for myself because i do take full responsibility for this

thanks for your reply

motorguy

~Linzi~ wrote: »

that's the thing though i do take responsibility for this and i apologise if ive come across otherwise.
I held my hands up and blamed myself to the police at the time, if i wanted to pass the blame i would have from the start, that's not what im doin im just stating the fact that the dealer as done wrong here or made some kind of error and i dont think someone in his position should be allowed to do this kind of thing isn't there laws againt this!

i just didn't no if to contact the dealer , inform the police or what.
i dont want to inform the police and show them all the paperwork to confirm my story ect if they are gonna think im just trying to pass the blame and make things worse for myself because i do take full responsibility for this

thanks for your reply

I think the police will do you no matter what. They're not going to "let you off" as its your responsibility to know, so i'd probably just suck it up on that front.

I would however create merry hell at the dealership.

~Linzi~

DaveTheMus wrote: »

You've already been given perfectly sensible advice on here. . .

Don't get mad just because we're not as outraged as you.

What do you seriously expect? That people on a money saving forum can give you a sure fire way of convincing a judge to let you off with driving a car without an MOT!


If you want to try your luck with a Judge then on you go....don't expect him to be as friendly as we are though...

im not looking to get off with this as i should have checked an i do take full responsibility for it but as a dealer he has a responsibility to, surely he cant be allowed to get away with this he is in the wrong to

DUTR

~Linzi~ wrote: »

im not looking to get off with this as i should have checked an i do take full responsibility for it but as a dealer he has a responsibility to, surely he cant be allowed to get away with this he is in the wrong to

You have to look at the black and white of the situation as that's how the authorities will look at it.
1) Were you driving the car without a valid MOT certificate?

That is a seperate issue to
2) Did the dealer deliver the car to you as per invoice?

motorguy

~Linzi~ wrote: »

im not looking to get off with this as i should have checked an i do take full responsibility for it but as a dealer he has a responsibility to, surely he cant be allowed to get away with this he is in the wrong to

Absolutely. And thus as i said you should go to the dealer and give them merry hell.

Dont expect them to stand in the dock with you though.

kratosthegreat

https://www.gov.uk/check-mot-status

YorkshireBoy

How did you pay for the vehicle?

macman

You confuse 'fault' with 'responsibility'. You may not be at fault, but you are legally responsible as the registered keeper-not the dealer. So pleading ignorance or blaming the dealer to the court will not help you one bit. Pay the FPN, then seek full restitution from the dealer by way of a written complaint, and then an LBA if they are denying liability. It's a fairly black and white case-they clearly screwed up.

Babbawah

I know people who have got off this charge.

Having no MOT on a vehicle is not an absolute offence and there are many scenario's where you might not be guilty.

I'd see a Solicitor.

Failing that, roll over and throw yourself at the mercy of the law.

Astronaughtwannabe

It is an absolute offence with statutory defences, albeit 'the dealer said it was MOTd isn't one of them.