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JGM, Solicitor
Category: Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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Purchased vehicle from independent garage. Vehicles head gaskets

Customer Question

Purchased vehicle from independent garage. Vehicles head gaskets went within 7 weeks. Vehicle parked in cul de sac but on public road. MOT and tax will run out end of Feb. Am going through small claims court Judgement entered no reply. Am about to apply for warrant. Problem can not MOT vehicle or get road tax. To have vehicle towed to area where it can be SORN will cost in excess of £500. No guarantee I will get anything from garage so can not throw away more money. Can I have vehicle scrapped without detriment to my ongoing case?
Submitted: 5 years ago.
Category: Law
Expert:  JGM replied 5 years ago.
Thank you for your question.

You can write to the garage offering them the opportunity of inspecting the vehicle before it is scrapped. You should also have a written report confirming the defect as evidence.

Once the vehicle is scrapped it can no longer be inspected. If you are about to take judgment that may seem academic but in the event that the judgment is set aside or appealed you should ensure that what evidence there is can be preserved and that you can justify scrapping the vehicle. So get a report, offer the garage the chance to see the vehicle and even preserve the part if that is practical to do so in this instance.

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