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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in Bedford and work nationwide including a recent 5

Customer Question

I live in Bedford and work nationwide including a recent 5 months working and living in hastings. At the end of September I had my car MOT'd in hastings and have used it 4 times since; 1 return trip from hastings to Bedford and a journey to a site in Newport (south wales), returning to family in Southampton, a combined distance of 525 miles.

During the MOT inspection a 'problem' was identified that wasn't obvious prior to the MOT on the nearside front wheel and I gave permission to fix it. Since then it has developed a problem in the same area that wasn't there before the MOT and now the horn doesn't work either.

My questions are:
do I have to take my car back to the hastings MOT centre for them to at least assess the problem, or

could I take it to another garage and would I have to inform the MOT garage prior to this, and

if, for instance, the MOT works were found to have caused the new problem, who pays the cost of the fix?

Regards
Martin Campbell
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If your car failed its MoT then you do not have to take it back to the original garage.

Alex Watts :

If you took it to a different garage for an MoT and it had previously failed, they would see this and the reason for it as there is a national database.

Alex Watts :

If the assessor of the new garage does not think it is a problem then he will pass it.

Alex Watts :

But he may also agree with the old garage.

Alex Watts :

Of course you have to pay for a new testing fee as you only get a free retest if you take it back to the old garage within a certain period of time.

Alex Watts :

If the MoT had caused the problem, in that the engineer was negligent when he carried it out, then the old garage would be liable.

Alex Watts :

But you would have to pay the new garage for the fix and sue the old garage.

Alex Watts :

Can I clarify anything for you Martin about this today please?

JACUSTOMER-fex9n2ld- :

i paid the hastings garage 170 pounds to fix the problem they identified in order for an MOT pass and they returned it to me with a valid 1 year MOT certificate.

Alex Watts :

I see. So if they have caused a further issue (Hastings) then they should rectify the problem.

Alex Watts :

The law says you have to give them a reasonable opportunity to do this - if you do not and sue them you may not win.

Alex Watts :

So allow Hastings to rectify the problem and if they refuse then get it done and issue proceedings.

Alex Watts :

Does that help?

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