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      02-27-2021, 11:47 AM   #1
coleybmw335
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Does my car MOT still stand

HI all

Can anyone give me an answer.

My car pass its MOT a couple of weeks ago, Yes it had some advisories,

Took my car to bmw Derby for a service today, They decided that they would MOT it as well.(good knows why). Anyway, They failed the car, I've got the car back & obviously didnt pay for the MOT, Because i didnt ask for a MOT, But now its on the database that is has failed.

My question is, does my car have a valid MOT or with them doing another MOT, is my car classed as not having a MOT.

Does this new MOT over ride the MOT i had 2 weeks ago.

Thanks is advance
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      02-27-2021, 12:26 PM   #2
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Now this is an odd one. I don't know but I would say the second mot stands because regardless of whether it passed or not 2 weeks ago, at the moment in time when it was mot'd the second time it was deemed unroadworthy and so failed. I'm just going by the fact that an mot does not mean a car is roadworthy for an entire year, it mearly means at the point at which it was tested it is deemed safe.
Probably not what you want to hear, and I may well be wrong. Even so, that is very poor from the dealer to perform an mot test when it was not requested and didn't need one. I would be extremely pissed off as you are.
I remember I once had an issue with a Ford dealer over an mot. They failed my focus which was justified. They said I had X amount of days to get the problems sorted and the retest would be free. At no point did they say they had to do the work. I got the work done somewhere else where I knew I wouldn't get ripped off, took the car back within the specified time and they charged me for the retest. I had a proper stand up argument in the showroom in front of customers about it. Some of the staff scuttled off cos they were embarrassed at the fact the manager wouldn't back down. I vowed never to go there again - and I haven't!
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      02-27-2021, 12:54 PM   #3
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The confusing thing is on .gov website it's showing it failed today, But saying MOT is valid until 02/2022.

The worse thing is that one of the items they failed it on, I changed them before the first MOT & all of a sudden they failed it today.
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      02-27-2021, 01:54 PM   #4
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I would say that as long as none of the items it failed on were deemed as dangerous defects I would suspect that you can still drive it.
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      02-27-2021, 03:02 PM   #5
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Quote:
Originally Posted by Chappers 71 View Post
I would say that as long as non of the items it failed on were deemed as dangerous defects I would suspect that you can still drive it.
i think your right, I have found some info on this, Anything major or less, it does say your ok to drive as long as old MOT is still in date.
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      02-27-2021, 04:03 PM   #6
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I have to admit, I always assumed it was the most recent MOT that took precedence so if it failed then that's it. But that was more an assumption in terms of the way MOT's were deemed at a point in time like Nick above.
But if you've found info that means the first one stands then all good.
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      02-27-2021, 04:06 PM   #7
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I would argue the opposite.
Your car passed MOT a couple of weeks ago but has subsequently failed so the failure stands.
Your car does not have a valid MOT but it will take the government website a day or two to catch up.
However, since you did not request the latest MOT it was outside of the scope of the work they were employed to do and the garage had no right to put the car through the MOT test but they have negated the MOT pass that you paid for a couple of weeks ago.
I would take the car back to them and get them to MOT it again and anything it fails on should be put right at their expense so that you get a pass certificate.
If they refuse then threaten to take it further but until you get another MOT pass registered on the system your car does not have a valid MOT.
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      02-27-2021, 05:26 PM   #8
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It's my understanding that you can get your car motd before the current one expires, which gives you a window of opportunity to have any items, unless 'deemed dangerous' rectified before your current mot expires whilst still being able to use your car because it will still have a valid mot & have done so myself a coup!e if times.

Although whilst writing the above its just occurred to me that there's a 'window' before the current mot expires, as your mot had just been done & you still have best part of a year on the old one, I now believe that your latest mot is the one thats valid & as such no you won't be able to use the car until it passes another mot, get it fixed or take it back to the first garage
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      02-27-2021, 05:32 PM   #9
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Quote:
Originally Posted by coleybmw335 View Post
i think your right, I have found some info on this, Anything major or less, it does say your ok to drive as long as old MOT is still in date.

I now think I'm wrong
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      02-27-2021, 07:52 PM   #10
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This is definitely a very strange situation. To the OP definitely update us on how his turns out
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      02-28-2021, 01:32 AM   #11
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As the MOT is only proof of roadworthiness on the day its presented I'd say you're out of MOT.
In the same way that a VOSA inspection 2 weeks after a passed MOT, will check the vehicle there and then.
You could choose to get the car MOTd every 2 weeks if you wanted to, as soon as it fails its unroadworthy from that point on.
Any grace period on overlapping MOTs is only to be used for taking the car away from the MOT centre to be repaired, and then returning to the MOT centre for retest, which ideally should be booked.

What has it failed on?
If you want to contest it, expect to be without the use of the car for a while.
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      02-28-2021, 02:00 AM   #12
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I'd tell the dealer that they can fix it and pay for all parts. It had a valid (and long) MOT when it went to them. If they had any concern over its roadworthiness, MOTing it still wouldn't be the correct course of action.

Unfortunately I think andystobbs has it right here.
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      02-28-2021, 03:05 AM   #13
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Furthermore, unless the dealership tester is literally making up non existant issues, the failed item was probably an advisory already and ideally should be repaired.
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      02-28-2021, 11:39 AM   #14
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Quote:
Originally Posted by Andystobbs View Post
As the MOT is only proof of roadworthiness on the day its presented I'd say you're out of MOT.
In the same way that a VOSA inspection 2 weeks after a passed MOT, will check the vehicle there and then.
You could choose to get the car MOTd every 2 weeks if you wanted to, as soon as it fails its unroadworthy from that point on.
Any grace period on overlapping MOTs is only to be used for taking the car away from the MOT centre to be repaired, and then returning to the MOT centre for retest, which ideally should be booked.

What has it failed on?
If you want to contest it, expect to be without the use of the car for a while.
I t failed on headlight washer jets not working, Which is now sorted, A tyre with a cut on it, Which will sort out tomorrow, A front control arm letting dirt in, Which i changed before the first MOT & both rear upper arms which was a advisory on the first MOT which just waiting on parts to turn up.
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      02-28-2021, 11:42 AM   #15
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Tomorrow i will be ringing trading standards and also vosa tomorrow see what they say, Will update when i find out some more info
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      02-28-2021, 11:46 AM   #16
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Quote:
Originally Posted by nick46 View Post
Now this is an odd one. I don't know but I would say the second mot stands because regardless of whether it passed or not 2 weeks ago, at the moment in time when it was mot'd the second time it was deemed unroadworthy and so failed. I'm just going by the fact that an mot does not mean a car is roadworthy for an entire year, it mearly means at the point at which it was tested it is deemed safe.
Probably not what you want to hear, and I may well be wrong. Even so, that is very poor from the dealer to perform an mot test when it was not requested and didn't need one. I would be extremely pissed off as you are.
I remember I once had an issue with a Ford dealer over an mot. They failed my focus which was justified. They said I had X amount of days to get the problems sorted and the retest would be free. At no point did they say they had to do the work. I got the work done somewhere else where I knew I wouldn't get ripped off, took the car back within the specified time and they charged me for the retest. I had a proper stand up argument in the showroom in front of customers about it. Some of the staff scuttled off cos they were embarrassed at the fact the manager wouldn't back down. I vowed never to go there again - and I haven't!
This ^

@chappers71 them be the old rules, Newest MOT and no overlaps anymore

OP - I`d be livid with the garage, especially if it`s failed on things non-life threatening. Actually no, I`d just be livid..

Last edited by Chapperss; 02-28-2021 at 11:49 AM.. Reason: Actually..
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      02-28-2021, 12:20 PM   #17
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Quote:
Originally Posted by Chapperss View Post
This ^

@chappers71 them be the old rules, Newest MOT and no overlaps anymore

OP - I`d be livid with the garage, especially if it`s failed on things non-life threatening. Actually no, I`d just be livid..
No overlaps, when did that happen???
No one told me, thanks for bringing me up to date Chapperss
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      02-28-2021, 01:27 PM   #18
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Quote:
Originally Posted by coleybmw335 View Post
I t failed on headlight washer jets not working, Which is now sorted, A tyre with a cut on it, Which will sort out tomorrow, A front control arm letting dirt in, Which i changed before the first MOT & both rear upper arms which was a advisory on the first MOT which just waiting on parts to turn up.
So not really one petty issue. eg. Both number plate lamps.

Your first garage shouldn't have passed it, that list of failures goes beyond benefit of the doubt - in respect of the original pass - in my opinion.
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      02-28-2021, 03:19 PM   #19
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Quote:
Originally Posted by Andystobbs View Post
So not really one petty issue. eg. Both number plate lamps.

Your first garage shouldn't have passed it, that list of failures goes beyond benefit of the doubt - in respect of the original pass - in my opinion.

They pass it because it was ok, The headlamp washers was working up till last week.

The tyre could of happened after the first MOT.

The rear upper arms There is slight play in them, That is why the first garage put them down as a advisory.

The front control arms I change them before any of them MOT.

BMW have failed it on the front control arms when they are brand new. I know they are ok because i changed them also the first garage was happy with them.

I am thinking this is bmw just trying tto get money out of me, Thinking i would say just fix the concerns
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      02-28-2021, 04:12 PM   #20
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Quote:
Originally Posted by coleybmw335 View Post
I am thinking this is bmw just trying tto get money out of me, Thinking i would say just fix the concerns
You don't need to think you know they are trying to get money out of you for two reasons:

a) It is a business and the more services they sell the more money they make.

b) They put a car through an unnecessary MOT without your consent and I bet they do not offer discounted MOT's either like many indy garages do!

They could have easily checked to see that you had an MOT 2 weeks earlier and what advisories you had. If they had any concerns about the cut tyre or play in bushes etc. that they discovered during a service they should have contacted you for authorisation to carry out the work since spending your money without your agreement is not part of the BMW service schedule.
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      03-01-2021, 07:00 AM   #21
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so today i've spoken to DVSA, They can not remove the MOT bmw did, They did say as long as i get the tire sorted the car can still be used on the road, The police computer will say it has a valid MOT. The .GOV website still says MOT is valid upto 02/22 even though BMW mot is on there as a fail.

Trading standards said i could take legal proceeding against bmw but I would have to pay legal fees, If i won I would get legal fees back as bmw would end up paying & that it would take along time to go through the process.

As of today 3 of the 4 items are sorted, Just waiting on a part what should be here on Thursday/Friday. Then will get ANOTHER MOT just to update .gov website to show the MOT a pass.

Will even try to get BMW to fit it for me for free, But in saying that, They might damage some thing else while doing it.

Would also like to thank everyone for there response.
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      03-01-2021, 10:30 AM   #22
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I wouldn't really go with legal proceedings as such (if it was thousands of pounds then that's different). Just be firm with the dealer. End of they day they carried out work that did not need doing without your permission. It's the same principle if they decided your turbos needed replacing and charging you 1500+ without asking for your permission first.

I'd at least be asking for money back on the extra work they did. Likely case is someone messed up and had your work order to do an MOT. That's my theory anyway.
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