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.
If your car failed its MoT then you do not have to take it back to the original garage.
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.
If the assessor of the new garage does not think it is a problem then he will pass it.
But he may also agree with the old garage.
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.
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.
But you would have to pay the new garage for the fix and sue the old garage.
Can I clarify anything for you Martin about this today please?
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.
I see. So if they have caused a further issue (Hastings) then they should rectify the problem.
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.
So allow Hastings to rectify the problem and if they refuse then get it done and issue proceedings.
Does that help?