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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can a mot station be held liable employee issuing a doggy

Customer Question

Can a mot station be held liable employee issuing a doggy mot? Vosa/dvsa have proven mot gertificate is false and re inspected vehicle and classed it as dangerous. I purchased the vehicle private and the mot tester was a friend of the seller?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : Did the employee do it whilst at work?
JACUSTOMER-92o3ihhf- : Yes he logged on the mot whilst at work
JACUSTOMER-92o3ihhf- : He was the only one at the garage as it's a sub garage of a bigger firm. The main depot is ten miles away and the test was carried out at a satilite station what the tester runs on behalf of his company
Alex Watts : Ok then potentially the employer could be vicariously liable.
Alex Watts : If you were going to issue a claim it would be against the purchaser generally as that is who you got the car from.
Alex Watts : But you could also potentially claim against the agency as had it not been MOT you would not have purchased.
Alex Watts : In any event any claim for £10,000 or less would be a small claim so you don't really have anything to lose.
Alex Watts : Can I clarify anything about this today please?
JACUSTOMER-92o3ihhf- : the car was a private sale and is looking at being charged a dangerous vehicle section 75 road traffic act 1988. But he's looking at a fine and has no money. So my best option would be the garage as I'm £2000 out of pacet and having to pay to have the vehicle stored and I cannot park it on the highway as with no mot I can neither tax or insure it. Had a estimate of almost £1000 to fix it. Would the small claims court look in to this via the employee?
Alex Watts : Possible. You would be best suing the seller and the MOT station.
Alex Watts : Does that help?
Alex Watts :

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