help! caught with no mot, dealer at fault

~Linzi~

IanMSpencer wrote: »

While technically guilty of the offence, given that the OP has paperwork that states it has been MOT'd and simply didn't spot that the MOT certificate applied to a different car then a court might well be prepared to give an absolute discharge.

An absolute discharge is where you are technically guilty but your actions or the actions of others make the court consider you not to be at fault.

So in this case, you would go to court, potentially plead guilty but ask for a "Newton Hearing" to get them simply to consider the evidence of your blameworthiness. It would not be worth employing a solicitor as the costs related to that would exceed any fine, or possibly even insurance premium increases (insurers might take a dim view of motorists who apparently are prepared to drive non-MOT'd cars under their insurance).

If you want sensible advice, you'd do better querying over at www.pepipoo.com where they have people who are solicitors and have proper experience of these matters.

thanks i will take a look, the dealer put the phone down on me after waiting two days for a reply from him, and now wont answer my calls i was very nice and polite when i first spoke to him and i would have happily sorted this out between ourselves if it was a genuine mistake but considering he wont even speak to me that's no longer an option.

~Linzi~

UPDATE!!

just to make people aware i spoke to the dealer Monday evening he seemed decent at the time and said he would look into it and get back to me but as of yesterday evening i still had no reply from him so decided to call him back, only to have the phone put down on me once i told him who i was, i continued to try an call him back only to get no answer or answerphone i even left it an hour incase his phone battery was dead and still nothing i would have happily sorted this between ourselves if it was a genuine mistake but seeing as the dealer wont speck to me that's no longer an option.

enfield_freddy

ok , go back to plan A; , get the car booked in at a local garage , you can get advice on what to do with the retailer , after its MOTed ,

macman

Dealer appears to be a numpty. Get it MOT'd, pay the FPN, then send an LBA (letter before action) to the dealer asking for all your costs (fine, MOT, any reasonable other personal expenses; itemise them out) to be refunded in full within 14 days, or you will seek to recover them via the small claims process of the county court.
That will hopefully do the trick. If not, you'll have to go via the small claims route, which is not arduous.

bod1467

Sigh. My posts being jumped on again by the usual crew.

If anyone bothered to see the CR forum post they'd see an explanation.

Quentin

bod1467 wrote: »

FYI - OP has raised this same question in the Consumer Rights board.

Didn't like the answers being given in here?

You so quick to go into bully mode.


In fact the OP was advised to go to the consumers rights board by a poster (trying to help - how does your contribution help?) in an answer given here! (#23)

Marktheshark

macman wrote: »

Dealer appears to be a numpty. Get it MOT'd, pay the FPN, then send an LBA (letter before action) to the dealer asking for all your costs (fine, MOT, any reasonable other personal expenses; itemise them out) to be refunded in full within 14 days, or you will seek to recover them via the small claims process of the county court.
That will hopefully do the trick. If not, you'll have to go via the small claims route, which is not arduous.

The loss due to no MOT is down to the Keeper by legalisation, I can not see a county court entertaining that part of a claim when a quick check of documents could have realised the car had no MOT.

A Penalty is a punishment not a loss, it is for breaking the legalisation and not recoverable as a loss.
The dealer is morally wrong, yes, but the OP had a legal duty to check they had the correct documents and requirements to drive the car.

enfield_freddy

bod1467 wrote: »

FYI - OP has raised this same question in the Consumer Rights board.

Didn't like the answers being given in here?

the OP has quite rightly followed advice on this thread and got no assistance from the seller.


they have quite rightly now started a thread regarding legal action , not specifically a question suited for the general motoring forum

Retrogamer

Marktheshark wrote: »

The loss due to no MOT is down to the Keeper by legalisation, I can not see a county court entertaining that part of a claim when a quick check of documents could have realised the car had no MOT.

A Penalty is a punishment not a loss, it is for breaking the legalisation and not recoverable as a loss.
The dealer is morally wrong, yes, but the OP had a legal duty to check they had the correct documents and requirements to drive the car.

But the dealer has advertised the car incorrectly and thus mis sold it.
The price advertised was to include a full years MOT

~Linzi~

bod1467 wrote: »

FYI - OP has raised this same question in the Consumer Rights board.

Didn't like the answers being given in here?

as people have already stated i was simply following advice from this tread and was just putting an update for the nice people on here who have given me good advice.

my impression was this site was to help people, in my short experience its just a bully site for some and i really don't think that's fare! i wouldn't be on here asking for advice if i knew what to do this may be clear cut to some people but not to me hence why im here so i would appreciate it if people who don't have anything useful to add not to comment at all this as caused me enough stress an upset as it is thanks. people have a right to their own opinion but really!! why do some have to be so rude & nasty towards others.