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  • FIRST POST
    • jojo1974
    • By jojo1974 9th Apr 18, 9:36 PM
    • 49Posts
    • 194Thanks
    jojo1974
    Dealer and failed MOT
    • #1
    • 9th Apr 18, 9:36 PM
    Dealer and failed MOT 9th Apr 18 at 9:36 PM
    Hi

    Iím after some advice regarding a recent car purchase.

    We recently brought a car from an independent dealer. The MOT expired in September but they said that they would put a New Years MOT on it.

    When we collected the car we were told the paperwork for the new MOT was in the car. Anyway we drove it home and then found out the paperwork was actually a refusal of MOT and it had failed to pass. I shall be calling the garage tomorrow but want to be prepared.

    1. Have they broken the law as they said it would have a years MOG and doesnít? and 2. Because it had failed does that overwrite the previous MOT that expires in September? 3. Is the car technically not road worthy?
Page 1
    • docmatt
    • By docmatt 9th Apr 18, 9:41 PM
    • 882 Posts
    • 456 Thanks
    docmatt
    • #2
    • 9th Apr 18, 9:41 PM
    • #2
    • 9th Apr 18, 9:41 PM
    Might have failed and then retested and passed. Why donít you check online?
    • jojo1974
    • By jojo1974 9th Apr 18, 10:14 PM
    • 49 Posts
    • 194 Thanks
    jojo1974
    • #3
    • 9th Apr 18, 10:14 PM
    • #3
    • 9th Apr 18, 10:14 PM
    Ive checked online and it!!!8217;s showing MOT expires September and not April
    • AndyMc.....
    • By AndyMc..... 9th Apr 18, 10:15 PM
    • 2,093 Posts
    • 1,265 Thanks
    AndyMc.....
    • #4
    • 9th Apr 18, 10:15 PM
    • #4
    • 9th Apr 18, 10:15 PM
    What!!!8217;s it failed on?
    • jojo1974
    • By jojo1974 9th Apr 18, 10:42 PM
    • 49 Posts
    • 194 Thanks
    jojo1974
    • #5
    • 9th Apr 18, 10:42 PM
    • #5
    • 9th Apr 18, 10:42 PM
    It!!!8217;s just a lamp but I!!!8217;m more concerned whether it means the September MOT is voided
    • newbie1980
    • By newbie1980 9th Apr 18, 10:44 PM
    • 1,939 Posts
    • 23,339 Thanks
    newbie1980
    • #6
    • 9th Apr 18, 10:44 PM
    • #6
    • 9th Apr 18, 10:44 PM
    It!!!8217;s just a lamp but I!!!8217;m more concerned whether it means the September MOT is voided
    Originally posted by jojo1974
    it was in the paper the other day that if you have a failed mot it will be on the vosa system as no MOT on the car
    • AndyMc.....
    • By AndyMc..... 9th Apr 18, 10:47 PM
    • 2,093 Posts
    • 1,265 Thanks
    AndyMc.....
    • #7
    • 9th Apr 18, 10:47 PM
    • #7
    • 9th Apr 18, 10:47 PM
    it was in the paper the other day that if you have a failed mot it will be on the vosa system as no MOT on the car
    Originally posted by newbie1980
    No, the failure and reason why will be on the system. The previous mot is still valid.
    • AndyMc.....
    • By AndyMc..... 9th Apr 18, 10:49 PM
    • 2,093 Posts
    • 1,265 Thanks
    AndyMc.....
    • #8
    • 9th Apr 18, 10:49 PM
    • #8
    • 9th Apr 18, 10:49 PM
    It!!!8217;s just a lamp but I!!!8217;m more concerned whether it means the September MOT is voided
    Originally posted by jojo1974
    Were you able to tax it?
    • Tarambor
    • By Tarambor 10th Apr 18, 4:50 AM
    • 3,395 Posts
    • 2,480 Thanks
    Tarambor
    • #9
    • 10th Apr 18, 4:50 AM
    • #9
    • 10th Apr 18, 4:50 AM
    3. Is the car technically not road worthy?
    Originally posted by jojo1974
    If the reason it failed hasn't been rectified then that is exactly the state it is in. You say it is a light though so if its just a blown bulb or an indicator not orange enough then its a quick fix that you can most likely do yourself or get done at Halfords for probably less than it'll cost you to take the car back to the dealer.

    Currently a MOT fail doesn't invalidate an existing MOT, from next month that changes with the new MOT rules.
    • loskie
    • By loskie 10th Apr 18, 7:39 AM
    • 1,334 Posts
    • 781 Thanks
    loskie
    how quickly is the system updated? Maybe its not on yet.
    • Joe Horner
    • By Joe Horner 10th Apr 18, 8:21 AM
    • 4,455 Posts
    • 3,939 Thanks
    Joe Horner
    Currently a MOT fail doesn't invalidate an existing MOT, from next month that changes with the new MOT rules.
    Originally posted by Tarambor
    Not quite. Even under the revised rules, a fail won't invalidate the old MOT. What it will do is make it easier for the police (if you're lucky enough to see one!) to see that there was a dangerous fault and that you were aware of it.

    But the old MOT will still be valid:

    Say you put it in early and it fails on a "dangerous" tyre fault and some welding. If you replace the tyre and get the welding done then you can still continue to drive on the old MOT without getting it retested (because the faults have been rectified) even under the new rules.

    That's a potentially important distinction because it means they can't use the new rules to introduce ticketing-by-post.
    • AdrianC
    • By AdrianC 10th Apr 18, 8:22 AM
    • 18,034 Posts
    • 16,351 Thanks
    AdrianC
    it was in the paper the other day that if you have a failed mot it will be on the vosa system as no MOT on the car
    Originally posted by newbie1980
    Lots of things are in the paper that are steaming codswallop.


    It has an MOT until September. The MOT site shows that.
    It failed the MOT on a light bulb.
    Change the light bulb, and it's perfectly legal again.



    They've told you that the car will have a new MOT. It doesn't. They need to sort you an MOT appointment out.



    how quickly is the system updated? Maybe its not on yet.
    Originally posted by loskie
    Instantly. The tester's computer is connected straight to DVSA's computers.
    • marlot
    • By marlot 10th Apr 18, 8:27 AM
    • 3,581 Posts
    • 2,703 Thanks
    marlot
    it was in the paper the other day that if you have a failed mot it will be on the vosa system as no MOT on the car
    Originally posted by newbie1980
    Yes, there's been some reporting saying that. But it doesn't mean that its true!

    https://www.motoringresearch.com/car-news/can-you-drive-your-car-after-an-mot-fail-if-the-old-test-hasnt-expired/

    But back to the OP - what shoddy and deceitful service from a selling garage!
    • marlot
    • By marlot 10th Apr 18, 8:31 AM
    • 3,581 Posts
    • 2,703 Thanks
    marlot
    Currently a MOT fail doesn't invalidate an existing MOT, from next month that changes with the new MOT rules.
    Originally posted by Tarambor
    Have you got a definitive source that says that? Not looking to cause an argument - just to get to the bottom of it. I've been looking through the official DVSA documents and can't find anything.
    • facade
    • By facade 10th Apr 18, 9:06 AM
    • 3,341 Posts
    • 1,762 Thanks
    facade
    Have you got a definitive source that says that? Not looking to cause an argument - just to get to the bottom of it. I've been looking through the official DVSA documents and can't find anything.
    Originally posted by marlot
    There isn't one as far as I and the guys at peppipoo can find out.
    It is just misinformation, probably based on someone saying that even if you have a current valid mot, failing a test today could mean that you are knowingly driving an unroadworthy vehicle, with the possibility of a fine up to £2500 and points, whereas no valid mot is a fine upto £1000 and no points.


    However, we did find good news: the Dvla will now send a reminder text about your mot due date free of charge! (You have to register for it, it doesn't just happen)
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • AdrianC
    • By AdrianC 10th Apr 18, 9:13 AM
    • 18,034 Posts
    • 16,351 Thanks
    AdrianC
    However, we did find good news: the Dvla will now send a reminder text about your mot due date free of charge! (You have to register for it, it doesn't just happen)
    Originally posted by facade
    They've been doing that for a year or two already.
    https://www.gov.uk/mot-reminder
    • GunJack
    • By GunJack 10th Apr 18, 12:51 PM
    • 10,282 Posts
    • 7,702 Thanks
    GunJack
    Poor show from the dealer - replace a bulb and the MoT place they took it to shouldn't do a full re-test or charge for a partial if it's within a couple of weeks of the original test. If this has happened in the last few days get on to them sharpish

    p.s. you really shouldn't have driven off before checking everything was in order, would've saved yourselves a bit of hassle...
    Last edited by GunJack; 10-04-2018 at 12:53 PM.
    ......Gettin' There, Wherever There is......
    • AndyMc.....
    • By AndyMc..... 10th Apr 18, 2:00 PM
    • 2,093 Posts
    • 1,265 Thanks
    AndyMc.....
    Not quite. Even under the revised rules, a fail won't invalidate the old MOT. What it will do is make it easier for the police (if you're lucky enough to see one!) to see that there was a dangerous fault and that you were aware of it.

    But the old MOT will still be valid:

    Say you put it in early and it fails on a "dangerous" tyre fault and some welding. If you replace the tyre and get the welding done then you can still continue to drive on the old MOT without getting it retested (because the faults have been rectified) even under the new rules.

    That's a potentially important distinction because it means they can't use the new rules to introduce ticketing-by-post.
    Originally posted by Joe Horner

    Thatís been the case for a while now.
    • Joe Horner
    • By Joe Horner 10th Apr 18, 8:40 PM
    • 4,455 Posts
    • 3,939 Thanks
    Joe Horner
    Thatís been the case for a while now.
    Originally posted by AndyMc.....
    No, they've been able to see a fail but not whether it's dangerous.

    The new categories (minor, major and dangerous) effectively formalise the old "In my opinion this vehicle is dangerous" tick-box by taking it out of the tester's opinion.

    "Bald tyre? That'll be dangerous, Sir". In the past, few testers outside certain national chains would've flagged a tyre just below the limit as dangerous but now the system will do it for them.
    • AndyMc.....
    • By AndyMc..... 10th Apr 18, 8:59 PM
    • 2,093 Posts
    • 1,265 Thanks
    AndyMc.....
    No, they've been able to see a fail but not whether it's dangerous.

    The new categories (minor, major and dangerous) effectively formalise the old "In my opinion this vehicle is dangerous" tick-box by taking it out of the tester's opinion.

    "Bald tyre? That'll be dangerous, Sir". In the past, few testers outside certain national chains would've flagged a tyre just below the limit as dangerous but now the system will do it for them.
    Originally posted by Joe Horner
    And you donít think a vehicle examiner can work that out?

    Since the system became computerised the police have know what its failed on. Anything covered by a non endorsable ticket is probably not dangerous the rest is.
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