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AIBU?

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Original poster

AIBU to be angry with garage over Dangerous MOT fail?

250 replies

User10204842 · 28/09/2021 16:22

I took my car in for its mot yesterday, I’ve been with this garage for a couple of years and they’ve been brilliant up until now.
I thought it was strange when I dropped it off, the lady asked me when I wanted it back? I said I wasn’t sure how much work needed doing so whenever.
AIBU that when you take your car for an mot (at a garage that does your other repairs) you expect them to fix any minor issues and advise you about majors? This is what all garages I have taken my car to have done in the past.
Usually they call you and explain what work needs doing, you agree on it and they do it.
Anyway, yesterday I got a call saying my car was ready but it needed some work. They can’t fit me in until next week, so I agreed a date and set off to pick it up.
When I get there she only charges me for the MOT, £30, and sends me on my way. No one explaining what work needs doing, so I shoot off to get daughter from nursery.
I completely trust this garage, they have been brilliant in the past so had no reason to question them.
When I get home and look at my certificate I see I have a dangerous fail on the brake pads. I’ve not had a dangerous before so I look it up and see I shouldn’t even be on the road!
At this point I am absolutely livid, I could have been fined £2500 if caught.
Anyone else had this situation, and AIBU to be angry with the garage for giving me the impression the car was safe to drive.

OP posts:
Original poster
User10204842 · 28/09/2021 17:49

@HalzTangz from gov website:
Driving a vehicle that’s failed
You can take your vehicle away if:

your current MOT certificate is still valid
no ‘dangerous’ problems were listed in the MOT

OP posts:
HalzTangz · 28/09/2021 17:50

[quote User10204842]@KingsleyShacklebolt yes this is now my issue. I have to either get a low loader or a mobile mechanic. They could have replaced the front brake pads in less than an hour.. they had my car the whole afternoon. It wasn’t a while you wait mot, that’s why I assumed they would do the work.[/quote]
Just because it takes less than an hour doest mean they had the time to do it. You booked in for a MOT so would have only been allocated the time it takes to do an MOT, other cars would have been booked in during the day too
Stop blaming the garage.
The owness is on you

I men seriously, did you not know your brakes were on the way out before taking the car for its MOT

Original poster
User10204842 · 28/09/2021 17:51

@Boatingforthestars yes but speeding is roughly £100 fine and a speed awareness course. Driving on a dangerous fail is £2500 and 3 points. I don’t have that kind of money. That’s what I’m really pissed off about!

OP posts:
Sirzy · 28/09/2021 17:52

The fact that they can’t fit you in for two weeks surely shows how busy they are and how they probably won’t be able to just fit them in the same day!

Boatingforthestars · 28/09/2021 17:52

And advice moving forwards, try and get your car serviced at the same time as an MOT, that way any small issues that arise they will likely have some spare time allocated to fix.
When you book an MOT that is all you are booking, they have no obligation to fix I there and then, they don't leave time in the diary just incase your car needs fixing.

HalzTangz · 28/09/2021 17:52

[quote User10204842]@SoupDragon yes I should have asked them to go through it with me. They normally do it as standard so I think it just threw me a bit.[/quote]
Again your fault for not asking.

Yet you continue to blame them rather than take responsibility.
You were clearly told brakes needed doing. Your paperwork told you the car was dangerous

If you fail to read port work that's on you

If you fail to not notice when brakes are on the way out that's on you too

Vickim03 · 28/09/2021 17:53

I had a recall on brakes before but no letters to tell me of any faults. I worked at a dealership at the time and they could see on the system it had a recall. But was told as I hadn’t had a letter not to worry. So off my car goes for an mot and a service. The garage phone me to tell me it’s got a recall and it’s too dangerous to drive. Anyway, a month and a half later I finally got my car back. It was the first one they had fixed with this fault so took them some work. This was main dealers not a private garage down the road.

HalzTangz · 28/09/2021 17:53

[quote User10204842]@HalzTangz from gov website:
Driving a vehicle that’s failed
You can take your vehicle away if:

your current MOT certificate is still valid
no ‘dangerous’ problems were listed in the MOT[/quote]
You said in a Post further up the not paperwork said dangerous brakes, now you say it didn't say that.
Did the car pass it fail it's mot

HalzTangz · 28/09/2021 17:55

@User10204842

I guess they handed me some paper work, I didn’t read it properly but no one verbally told me it had a dangerous fail and it was illegal to drive. I will know for the future and have a backup when the next mot is due. We are now without a car, not too bad as I can walk to most places and can get train to work if necessary. Pushchair to nursery etc and Mum has offered to get our shopping so it’s not a desperate situation, just feel sick at thought that I drove it home completely oblivious.
But the car was in that state before you took it to the garage.

You were already driving a dangerous car.

2pinkginsplease · 28/09/2021 17:57

I’ve always just left my car until it is fixed if it had failed it’s MOT.

However I do know that most garages are so busy due to last years relaxation of mot rules and covid. September is the month where many many people have mot’s needing done,

SoupDragon · 28/09/2021 17:57

You were already driving a dangerous car.

But not illegally.

DelphiniumBlue · 28/09/2021 17:59

Normally I'd expect the garage to say " sorry it's failed on x, do you want us to fix it ?"
Certainly, just handing over the paperwork isn't good enough. You are perfectly reasonable to expect a conversation, very strange that they didn't talk to you to explain the issue. I can only assume that they don't want your business.

Sirzy · 28/09/2021 17:59

@SoupDragon

You were already driving a dangerous car.

But not illegally.

If they are that low and there was an accident then their could be legal comeback for not maintaining the car properly.
BSideBaby · 28/09/2021 18:00

At this point I am absolutely livid, I could have been fined £2500 if caught.

Interesting that your first thought is the £2500 fine OP, rather than the fact you've been driving your DC around in an unsafe (unserviced?) car.

I'm also amazed how many people don't know the rules around MOTs.

Doris86 · 28/09/2021 18:04

@sirfredfredgeorge

he’s only doing it as the alternative is hiring a low loader to take to garage or risk a £2500 fine!!!

How are you going to get it to an MOT station after the fix though? Just fixing the brakes isn't enough is it? It needs to be given an MOT before you can drive it on the road again?

Yes fixing the brakes is enough. If the dangerous fault has been fixed, and the old MOT hasn’t expired you can keep driving the car until it does expire.

If the MOT has expired you are still allowed to drive it to a pre booked MOT appointment.

Boatingforthestars · 28/09/2021 18:05

@SoupDragon

You were already driving a dangerous car.

But not illegally.

Yes illegally, an MOT doesn't make a car road worthy, it says it roadworthy at the time of the test. If the car was unroadworthy it was illegal regardless of its MOT status.
CheesyWeez · 28/09/2021 18:08

I think the person who gave you your paperwork and keys back is now being told off by the garage owner
"What! Did you let her drive it away???? Why did you not say it was undriveable?!"
When my car had a dangerous fail it had a sticker on the screen saying DO NOT DRIVE THIS VEHICLE.
So I am going against the current here but I think the garage should have told OP very clearly what the situation was.

Doris86 · 28/09/2021 18:08

@SoupDragon

You were already driving a dangerous car.

But not illegally.

Yes illegally. It’s an offence to drive an unroadworthy vehicle on the road, whether or not it has an MOT.
PrivateHall · 28/09/2021 18:09

OP I completely see your point and would be upset too. I am glad you have a plan to sort it out.

Original poster
User10204842 · 28/09/2021 18:10

@Boatingforthestars i thought that was what the mot was for (assuming you’ve had no crashes and you’re car doesn’t begin any noticeable defects like noises etc). You would assume your car is road legal if it has a valid mot and running as normal?
Surely in a court of law that would uphold as well?
You assume as everything is working fine and you have a valid mot your car is road legal, otherwise you would be having a monthly mot?

OP posts:
Nsky · 28/09/2021 18:15

It’s always wise to get car serviced before mot, you do sound ignorant tho.
I live alone, and know these things or ask someone who does, you need to digest stuff more carefully and not blame folk

Doris86 · 28/09/2021 18:15

[quote User10204842]@Boatingforthestars i thought that was what the mot was for (assuming you’ve had no crashes and you’re car doesn’t begin any noticeable defects like noises etc). You would assume your car is road legal if it has a valid mot and running as normal?
Surely in a court of law that would uphold as well?
You assume as everything is working fine and you have a valid mot your car is road legal, otherwise you would be having a monthly mot?[/quote]
No that wouldn’t stand up in court. A car could pass an MOT, and then have bald tyres 6 months later. The ‘but it has an MOT’ excuse wouldn’t wash.

cansu · 28/09/2021 18:15

I agree that is bad. They should have called and said it was not safe to drive and offered to book it in to be fixed. I would be annoyed at this too. I suppose though when they told me it had failed I would have asked what was the problem and would have had that discussion there and then.

Sirzy · 28/09/2021 18:16

I think if your brakes are so low as to have been classed as dangerous then you would struggle to justify that in case of an accident. Surely you notice they aren’t responding/your breaking distance is increasing/they are grinding?.

Practicebeingpatient · 28/09/2021 18:17

@User10204842

You can drive on a minor can’t you? I’ve tried to get on touch no reply. That’s why I’m wondering what other people have done. Also, I accept that I shouldn’t have driven but in the past they have fixed majors for me on the day. I’ve never taken a car for an mot where they literally do the mot test and nothing else. That’s like a council run test centre isn’t it? Usually a garage would also do the repairs at the same time?
They can only repair it if they have the parts. If they didn't have the appropriate brake pads they can't replace them.