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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
BoredZelda · 28/09/2021 21:37

It takes seconds to check, can be done from the comfort of your own home, and gives you time to take in the information, rather than just being hurriedly handed a piece of paper when you collect the car.

A piece of paper that takes seconds to look at and you’re right there with the garage to say “can you fix it.”

Either way, makes no difference to the OP’s situation a the whole point is, the garage didn’t warn her the car was dangerous, which they are absolutely obliged to do.

Doris86 · 28/09/2021 21:49

@BoredZelda

It takes seconds to check, can be done from the comfort of your own home, and gives you time to take in the information, rather than just being hurriedly handed a piece of paper when you collect the car.

A piece of paper that takes seconds to look at and you’re right there with the garage to say “can you fix it.”

Either way, makes no difference to the OP’s situation a the whole point is, the garage didn’t warn her the car was dangerous, which they are absolutely obliged to do.

Like I say obviously you’re not interested, but I’m just spreading the knowledge of a website that’s useful in many ways, that others may not know about.
BoredZelda · 28/09/2021 21:55

Like I say obviously you’re not interested, but I’m just spreading the knowledge of a website that’s useful in many ways, that others may not know about.

Yes, yes, well done for crow-baring your knowledge into this thread.

Doris86 · 28/09/2021 21:58

@BoredZelda

Like I say obviously you’re not interested, but I’m just spreading the knowledge of a website that’s useful in many ways, that others may not know about.

Yes, yes, well done for crow-baring your knowledge into this thread.

No problem. Glad you find it useful
Lucyintheskywithadiamond · 28/09/2021 22:14

[quote User10204842]@LostInTheColonies they said ‘it’s ready to collect, it’s failed and needs the brakes and the bulb sorting’ I asked if they could go ahead and do it and she replied ‘yes we can fit you in on the 8th’.
That’s why I really thought it would be a minor or something that was still road legal, plus I had never heard of this dangerous fail before. I’ve had major fails before but they’ve either been sorted there and then or it’s been legal to drive to and from the garage.[/quote]
I can’t see how you could complain, they told you that it had failed and needed work. Can’t believe you are trying to put the blame on someone else. Did you not think that a car failing the MOT due to issues with the brakes was not a major fail…. ?

minionsrule · 28/09/2021 22:21

I know this has moved on a bit but I have never had a garage that failed an MOT that didn't fix it that day or st worst ask to keep it on premises overnight to fix it next day.
A week is really poor, they must be cramming too much work in to not allow for MOT failures. I believe If a car fails and you drive it away they have to do another full MOT when you take it back in, they can't just fix the problem and give a certificate afaik

Original poster
User10204842 · 28/09/2021 22:22

@Lucyintheskywithadiamond yes I thought she meant it was a major or minor fail, which means I would still be able to take my car home and return it to them for the work.

OP posts:
Original poster
User10204842 · 28/09/2021 22:26

@minionsrule this is what I was saying to my husband. Say they are now just cramming in 10 MOTS a day and not repairing any of them, and say 1 a day has a dangerous fail, that’s a tow truck every day to take a car away from the premises and then another to bring it back on the day of repair a couple of weeks later?! How is that manageable? And that’s just for scheduled mots, not just breakdowns. Seems like they’ve over stretched themselves a bit.

OP posts:
Doris86 · 28/09/2021 22:34

To be fair when you book an MOT, you are simply asking them to carry out an MOT test. If it fails, then repairs are normally a separate discussion. Maybe in the past you’ve been lucky and they were able to complete the repairs straight away, but sadly not this time.

Original poster
User10204842 · 28/09/2021 22:34

@minionsrule this is my experience too, usually if you have a fail they do the work there and then, or next day, that’s why I booked today off too.

OP posts:
Original poster
User10204842 · 28/09/2021 22:37

@Doris86 yes, I’ve never left a garage with an unroadworthy vehicle before.

OP posts:
Doris86 · 28/09/2021 22:41

I am surprised they didn’t have time to do it though, brakes are a quick and easy job with high profit margins.

bluegreygreen · 28/09/2021 23:03

they said ‘it’s ready to collect, it’s failed and needs the brakes and the bulb sorting’

I was with you until this post, as your OP said only that they told you your car was ready but it needed some work

However, if they actually told you it had failed, and the brakes needed fixed, I think you are entirely responsible for having driven away with it.

I can't imagine driving away with a car which had failed the MOT due to brakes - far too risky (and I don't mean risk of fines!)

dreamofaVWcamper · 28/09/2021 23:21

@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?
Depends on prior bookings, awaiting parts, how many hours they have in their working day, I'm guessing it was a PM MOT as you went to collect your daughter
dreamofaVWcamper · 28/09/2021 23:27

Any single time in 25 years of driving after a MOT first thing you say..."any fails, what's the damage?" (Financially)
If as you've stated you're used to dropping your car off and picking it up same day fixed no matter what then your garage mechanics are wizards, no wonder they're busy! 🤯🤯🤯

NotMyCat · 28/09/2021 23:33

I work in a main dealership and we have no space for work. None
All the MOTs that were due in March got the 6 month extension which means twice as many MOTs in September
We are booking service and MOTs 6 weeks in advance and diagnostic work from end of November...
it's a perfect storm with September always being busy, MOTs from March now due, covid meaning staff off. Not enough hours in the day!

safariboot · 28/09/2021 23:34

YANBU. The garage were being irresponsible to not draw the dangerous fault to your attention. I don't think they should even offer you back your keys unless you adamantly insist.

I wonder if "duty of care" would apply in this case. Business owners must take reasonable steps to prevent customers being exposed to hazards or risks of harm. That's usually stuff like cordoning off a slip hazard when it's seen, but seems like it would also apply if the business gives the customer back their item knowing it's dangerous to use and fails to draw attention to this.

Original poster
User10204842 · 29/09/2021 09:23

@NotMyCat that’s interesting, do you see a lot of dangerous fails sent away? Will cause a lot of problems with backlogs!

OP posts:
NotMyCat · 29/09/2021 09:30

[quote User10204842]@NotMyCat that’s interesting, do you see a lot of dangerous fails sent away? Will cause a lot of problems with backlogs![/quote]
Most are left with us to be honest I would say
I mean we try and fit them in but it's virtually impossible at the minute

Original poster
User10204842 · 29/09/2021 09:33

@dreamofaVWcamper must be very different where you are? You literally drop off your car for mot and they never act on any of the results (after calling to check of course)?
Seems like me and a small number of other posters are lucky enough to live places where you drop off your car, they put it through, call you to let you know fails and then check what you want doing. They will then usually do the work there if it’s quick, like replace a bulb, top up brake fluid, etc. Or they will do it the next, so you leave your car over night. If it’s a bigger job they usually fit you in within a week, and definitely they’ve never let me go if I’ve got a fatal error.
Seems like we are just lucky! And then when you are lucky and use a good garage you just assume this is how it works I guess.
I’ve not said I expect them to fix everything as part of the mot. I know it’s a separate piece of work, and they call you before hand to check with you.
Seems like a lot of people here simply take their car for an mot, fully expecting to drive it home straight after until they can get a separate appointment for the remedial work. I have literally never done that in my life. What have you all done if your car has failed on a dangerous?

OP posts:
Iwantitthatway · 29/09/2021 09:34

I worked for a garage for years and I wouldn’t have ever let a car leave with a dangerous fail without making the customer very very aware. If it failed I would call saying it had failed, we can fix it on X date or they could make arrangements to have it taken somewhere else, but it absolutely must not be driven.
If I had let a car leave with a dangerous fail and not even mentioned it I would have been in a world of trouble.

Original poster
User10204842 · 29/09/2021 09:37

@NotMyCat there are going to be a lot of cars being left at garages / driven illegally then with this massive backlog then.
Managed to get booked in at another garage for an MOT on Monday, car now has brakes at a road legal level but still need a bit of work which this new garage can do thankfully. I think the garage I was using has been a bit of a victim of its own success, it’s very popular, very busy. I’ve used this new one before, it’s at the end of our road but charges a lot more so obviously they aren’t as busy!

OP posts:
Chocolatehamper · 29/09/2021 17:53

@KingsleyShacklebolt

And there is a process for reporting dodgy MOT testers (as individuals) or garages

www.gov.uk/guidance/report-an-mot-tester

The DVSA has a sort of "mystery shopping" scheme, they take a car to a garage knowing exactly what the assessor should be picking up on a report as a quality control measure. Mostly randomly, but also in response to people complaining. Or because they have identified that the percentage of passes/fails from one tester or one garage are very might higher/lower than they would expect.

Why would you want to fuck over an obviously busy garage who is trying to get through the backlog of work caused by the unnecessary government delay in MOTs for 6 months??? They told her it failed, they told her they couldn't fit her in for a week - because they're busy or because parts aren't available, there is a big backlog in supply of parts at the moment too. They couldn't do the repairs on the day because - guess what, they're busy and they work to a diary. If someone else has booked their car in, should their booking be shelved because the OP wasn't aware of the state of her car? It might take 'only an hour' but is the OP expecting the garage to stay open after hours, pay staff overtime etc just to do her brakes? If they were a dangerous fail, there would have been pointers that all wasn't well - a brake wear sensor warning light illuminated or grinding from the brakes would alert you that something was amiss. To report a garage/MOT test centre to the DVSA because the OP didn't read is a tad extreme!
LoverOfAllThingsPurple · 29/09/2021 17:54

My husband had to sign a waiver after a failed MOT (on borderline below legal limit tyres, neither of us thought to check before) to drive my car home in order to change said tyres. This prevents the garage from being held liable if pulled over by police. He changed them that day n took the car back for the pass.

Chocolatehamper · 29/09/2021 18:03

@User10204842

I think the main issue is I wasn’t aware of this new Dangerous category. You can drive on a major as long as you have a valid mot certificate and you are getting it repaired. I’ve got plenty of time left on my mot, I don’t ever leave things with my car to chance! Just to everyone on the thread who isn’t aware of the new dangerous category. Next time you take your car for an mot make sure you’re prepared to either hire a low loader to remove your vehicle or potentially leave your car with the garage for weeks, even for a simple fix like brake pads. If you get a dangerous you can’t even drive your car home or to another garage! This has completely caught us out. Husband has just checked them and says they are not on the metal but they are below government depth requirement. They have been fine to drive on and felt / sounded ok. (I know what it sounds like when they are worn!).
OP, unless your garage for some reason, was able to amend the DVSA MOT website, it would have been printed clearly on your MOT paperwork that it was a DANGEROUS fail. If you missed that, or ignored it, the fault is yours.