17 replies to this topic

[IronmanG]

I have recently bought another mini which had passed its mot only 2 months previous....apparently. took it somewhere else and it failed on a lot.
What's my best course of action. If any

[unburntfuelinthemorning]

That happens way too often.  Mine shouldn't have passed an MOT either.  Lots of work later and it's fine.

[kit352]

What made you re-mot it so soon?

[Ethel]

Legally, you've no claim if it was a private sale and no specific claims were made relating to the faults. If it was a car dealer then you can expect it to be fit for purpose, demand your money back within 30 days and get a repair or replacement within 6 months.

[jonsharman]

It all depends on what you are trying to achieve?

As already mentioned through a private sale you have very few options for recourse / remedy.
It is though worth doing some diligence incase a trader is masquerading as a private seller as this does alter the situation and isn't unheard of.

For any other purchase other than private the 'sold as seen' defence simply doesn't apply in law. The law would, however, take into considerations any representations made by the seller at the time. Thus if the seller can reasonably demonstrate that they made you aware of the condition of the car and / or the potential faults it may have then it does become more tricky and potentially costly to get any recourse or remedy. If the seller didn't tell you about specific faults or withheld information that would mean you could be reasonably expected to make a different decision about the purchase than the one you made then the seller may have broken the law.

If you are wanting to 'overturn' the outcome of the new MOT then that isn't possible - you can't revert to a previous test when a new one has been carried out. It is worth bearing in mind an MOT test is really only valid for the day it is conducted and is very much the opinion of the tester at the time hence one tester may fail a car that another would pass. If you feel the tester has been unfair in your most recent test you can appeal but it is neither an easy or quick process and you want to ask yourself the question why did they fail it in the first place? Whilst no means exhaustive and arguably now very out of date the MOT test is a fair barometer of the safety of your car. Exploring the advice contained therein is, in most cases, in your best interests though may also uncover unscrupulous garages who place profit above integrity.

What did the MINI fail on?

[matt615]

If you are wanting to 'overturn' the outcome of the new MOT then that isn't possible - you can't revert to a previous test when a new one has been carried out.

The original MOT is still valid until the expiry date. It is not cancelled by the subsequent fail.

However (depending what it failed on) you might be committing an offence of driving an unroadworthy vehicle.

But to repeat other posters questions. Why did you get it MOT’d again, and what did it fail on?

[matt615]

If it’s a corrosion issue then you can appeal to VOSA, and they will potentially investigate the garage that issued the original MOT. You have a 3 month deadline to do this.

For any other issues you only have 28 days from the date of original MOT to appeal.

[jonsharman]

If you are wanting to 'overturn' the outcome of the new MOT then that isn't possible - you can't revert to a previous test when a new one has been carried out.

The original MOT is still valid until the expiry date. It is not cancelled by the subsequent fail.

However (depending what it failed on) you might be committing an offence of driving an unroadworthy vehicle.

But to repeat other posters questions. Why did you get it MOT’d again, and what did it fail on?

Its an interesting point of detail - if the faults on the new test were classed as dangerous then the previous test is invalid irrelevant of the anniversary date.

Furthermore, as is my understanding, the anniversary date clause only applies if the current MOT is due for expiry in the next 30 days. If the MOT is completed outside of this window as is intimated by the OP then the previous certificate is now invalid.

As you rightfully say in either circumstance you can still be in hot water for driving a vehicle known to be unroadworthy.

[matt615]

If you are wanting to 'overturn' the outcome of the new MOT then that isn't possible - you can't revert to a previous test when a new one has been carried out.

The original MOT is still valid until the expiry date. It is not cancelled by the subsequent fail.

However (depending what it failed on) you might be committing an offence of driving an unroadworthy vehicle.

But to repeat other posters questions. Why did you get it MOT’d again, and what did it fail on?

Its an interesting point of detail - if the faults on the new test were classed as dangerous then the previous test is invalid irrelevant of the anniversary date.

Furthermore, as is my understanding, the anniversary date clause only applies if the current MOT is due for expiry in the next 30 days. If the MOT is completed outside of this window as is intimated by the OP then the previous certificate is now invalid.

As you rightfully say in either circumstance you can still be in hot water for driving a vehicle known to be unroadworthy.

Totally incorrect and a common misconception.

MOTs always run to expiry date and are not cancelled by subsequent fails.

The OP can drive his car for the next 10 months, and won’t be committing the offence of driving without an MOT.

He may however potentially be committing an offence of driving an unroadworthy vehicle. However he could get the car repaired, but not re MOTD. The car will then be roadworthy and have a 10 month MOT, so neither offence will be committed.

If the OP enters his reg on DVLA vehicle check website, it will still show as having an MOT.

Edited by matt615, 08 June 2019 - 08:10 PM.

[IronmanG]

I got it retested because my gut said so. Might sound weird but probably a good thing. Rust in sills and some fibreglass. And a list of minor fault's
It was a private sale I know they rust and it's already booked in for a load of new panels and a respray anyway. If I didn't have a mot I wouldn't have bought it simply because I want to drive it around for the summer and get it sorted over the winter. I also don't want to put my kids in something that is potentially dangerous
Regards the seller. Not worried.
It's more the station I am pissed off at. The guy who I got to mot said I should make a courtesy call but don't expect a positive reaction. ?
And to clear the new mot thing up. It was a pre test not a retest so he has basically done a check minus the paperwork

Edited by IronmanG, 08 June 2019 - 10:14 PM.

[gazza82]

If you are wanting to 'overturn' the outcome of the new MOT then that isn't possible - you can't revert to a previous test when a new one has been carried out.

The original MOT is still valid until the expiry date. It is not cancelled by the subsequent fail.

However (depending what it failed on) you might be committing an offence of driving an unroadworthy vehicle.

But to repeat other posters questions. Why did you get it MOT’d again, and what did it fail on?

Its an interesting point of detail - if the faults on the new test were classed as dangerous then the previous test is invalid irrelevant of the anniversary date.

Furthermore, as is my understanding, the anniversary date clause only applies if the current MOT is due for expiry in the next 30 days. If the MOT is completed outside of this window as is intimated by the OP then the previous certificate is now invalid.

As you rightfully say in either circumstance you can still be in hot water for driving a vehicle known to be unroadworthy.

Totally incorrect and a common misconception.

MOTs always run to expiry date and are not cancelled by subsequent fails.

The OP can drive his car for the next 10 months, and won’t be committing the offence of driving without an MOT.

He may however potentially be committing an offence of driving an unroadworthy vehicle. However he could get the car repaired, but not re MOTD. The car will then be roadworthy and have a 10 month MOT, so neither offence will be committed.

If the OP enters his reg on DVLA vehicle check website, it will still show as having an MOT.

New rules. If you fail and it's classed as Dangerous you effectively have NO mot now and it is illegal to drive it. It has to be repaired there or trailered away ...

It will be on the mot system now and will be the one the police and your insurance company would refer to if you had an accident.

[gazza82]

You could report the mot station that you believe are in the wrong but I think that invalidates your mot immediately.

[gazza82]

Double-post

Edited by gazza82, 08 June 2019 - 10:45 PM.

[matt615]

If you are wanting to 'overturn' the outcome of the new MOT then that isn't possible - you can't revert to a previous test when a new one has been carried out.

The original MOT is still valid until the expiry date. It is not cancelled by the subsequent fail.

However (depending what it failed on) you might be committing an offence of driving an unroadworthy vehicle.

But to repeat other posters questions. Why did you get it MOT’d again, and what did it fail on?

Its an interesting point of detail - if the faults on the new test were classed as dangerous then the previous test is invalid irrelevant of the anniversary date.

Furthermore, as is my understanding, the anniversary date clause only applies if the current MOT is due for expiry in the next 30 days. If the MOT is completed outside of this window as is intimated by the OP then the previous certificate is now invalid.

As you rightfully say in either circumstance you can still be in hot water for driving a vehicle known to be unroadworthy.

Totally incorrect and a common misconception.

MOTs always run to expiry date and are not cancelled by subsequent fails.

The OP can drive his car for the next 10 months, and won’t be committing the offence of driving without an MOT.

He may however potentially be committing an offence of driving an unroadworthy vehicle. However he could get the car repaired, but not re MOTD. The car will then be roadworthy and have a 10 month MOT, so neither offence will be committed.

If the OP enters his reg on DVLA vehicle check website, it will still show as having an MOT.

New rules. If you fail and it's classed as Dangerous you effectively have NO mot now and it is illegal to drive it. It has to be repaired there or trailered away ...

It will be on the mot system now and will be the one the police and your insurance company would refer to if you had an accident.

It would still have a current MOT. You might get done for driving an unroadworthy vehicle, but not for driving without an MOT which is a separate offence.

If you get the faults fixed but not re MOT’d then no offence is being committed. Yes the police / insurance might look at the more recent failure on the system, but if they can see the repairs have been done then you are completely in the clear.

It’s amazing the amount of people who don’t understand this.

Anyway in this case irrelevant anyway as Ironman says it was only a pre MOT.

[matt615]

Here is how you report dodgy MOTs to the DVSA.

https://www.gov.uk/g...in-about-an-mot