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Spunkymonkey
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| Joined: | Sat Jun 14th, 2008 |
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| Posts: | 44 |
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Posted: Sat Nov 15th, 2008 05:02 pm |
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PlumberMK wrote: I spoke to the garage and they basically say that the catch was faulty and its my responsibility, even though they fixed the bonnet (not the catch)
The catch is broken now so can i still prove they broke it?
Also the car is misfiring and flames are coming from the exhaust? Apparently it needs balancing? equaling out or something? The test showed it passed on emmissions, but doubt now it would, so can i blame them for messing about with it?
Oh forgot... they said the bonnet catch is NOT on an mot? I forgot to tell them about the manual appendix 4 suggested earlier.
Cheers
Does sound like they're not going to be much help if they can avoid it.
Bonnet catch is covered by Section 8.4 (I believe?) of the manual - Driver's view of the road, Bonnet. RFRs are "a bonnet that cannot be safely secured in the closed position" and "an excessively deteriorated, ineffective or insecure retaining device". Seems pretty specifically "covered by the MOT" to me!!!
Similarly, even without flames from the exhaust, a clear misfire is very unlikely to pass emmissions - all that unburnt fuel heading out the ehaust will play havoc with the hydrocarbons!
I'd suggest getting what they've told you in writing - they may be reluctant to do that but you can try the innocent "for my insurers" line  - then you may have to look towards Trading Standards and / or VOSA to get anywhere. If you've got their excuses in writing first then Trading Standards / VOSA's job will be a lot easier in taking them to task!
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PlumberMK
Member
| Joined: | Wed Nov 12th, 2008 |
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| Posts: | 13 |
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Posted: Sat Nov 15th, 2008 03:17 pm |
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I spoke to the garage and they basically say that the catch was faulty and its my responsibility, even though they fixed the bonnet (not the catch)
The catch is broken now so can i still prove they broke it?
Also the car is misfiring and flames are coming from the exhaust? Apparently it needs balancing? equaling out or something? The test showed it passed on emmissions, but doubt now it would, so can i blame them for messing about with it?
Oh forgot... they said the bonnet catch is NOT on an mot? I forgot to tell them about the manual appendix 4 suggested earlier.
Cheers
Last edited on Sat Nov 15th, 2008 04:01 pm by PlumberMK
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MOTman
Super Moderator
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Posted: Fri Nov 14th, 2008 06:50 pm |
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I think your best bet is get the MoT sorted then start haggling over the other issues later on.
All the best
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PlumberMK
Member
| Joined: | Wed Nov 12th, 2008 |
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Posted: Fri Nov 14th, 2008 06:48 pm |
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Ok nice one!
My concern is that they have done it on purpose. They have definately broke the catch and the engine isn`t running anywhere near as it did. I WAS going to get them to do my work for me then after that said no, i`ll do it myself, Thats why i think they stitched me up! So if they can be that petty...what next? Got nothing to lose now i suppose!
Thanks again for your input its really helpful mate. Thank you.
MOTman wrote:
Driving to a pre booked test is usually OK as far as the Police are concerned.
Insurance companies are not so thrilled if you are involved in an accident un MoTd, so drive carefully!
Reverse gear not part of MoT
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MOTman
Super Moderator
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Posted: Fri Nov 14th, 2008 06:29 pm |
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Driving to a pre booked test is usually OK as far as the Police are concerned.
Insurance companies are not so thrilled if you are involved in an accident un MoTd, so drive carefully!
Reverse gear not part of MoT
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PlumberMK
Member
| Joined: | Wed Nov 12th, 2008 |
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Posted: Fri Nov 14th, 2008 06:13 pm |
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Just had a nightmare!
They put back my old bonnet resprayed i think as it dont fit properly and they have purposely bent the catch and removed the spring saying that was the fault in the first place?
The car is misfiring and the reverse gear is really clunky. On top of that there is lots of smoke ( which dies down after a while) and stalls at every roundabout?
Not impressed. Am going to see them again tomorrow but will be illegal driving it there. Is it worth me driving there? Or just cut my losses and get shafted?
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MOTman
Super Moderator
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Posted: Fri Nov 14th, 2008 11:14 am |
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Anyone can carry out the repair work.
Remember MoT fee can be £50+. Re-tests are often free, but many charge circa £25.
By going elsewhere, I doubt you will match £25 for a full test.....You also run the risk of a different tester perhaps finding other things.
The current garage are only going to have to check the adequacy of the repairs and not go over the whole car again.
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PlumberMK
Member
| Joined: | Wed Nov 12th, 2008 |
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Posted: Fri Nov 14th, 2008 11:06 am |
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I expect to pay again, i``m just not sure whether to trust them again?
I got a shock absorber, but the whole leg, the leg is rusty but the insert is brand new...i think(it`s shiny) If i fit it myself will it still pass or do they have to fit the parts themselves?
Cheers
MOTman wrote:
You can't get a 're-test' anywhere else, as another station will have to test the car all over again and for a MoT fee.
Stick with this station, who may even be doing the re-test for free ie many sites still offer free re-tests.
Glad it's all worked out without the need for 'legal eagles' to get involved!
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MOTman
Super Moderator
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Posted: Fri Nov 14th, 2008 10:36 am |
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You can't get a 're-test' anywhere else, as another station will have to test the car all over again and for a MoT fee.
Stick with this station, who may even be doing the re-test for free ie many sites still offer free re-tests.
Glad it's all worked out without the need for 'legal eagles' to get involved!
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PlumberMK
Member
| Joined: | Wed Nov 12th, 2008 |
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Posted: Fri Nov 14th, 2008 09:43 am |
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Thanks for all the help everyone (it is an MR2 btw  )
They have accepted responsibility and said it is fixed so am going now to look.
Fingers crossed!
They said i have 2 days left now for my re test ( failed on shock, brake pads and 2 tyres), but not sure whether to take it back to them? Reckon they`ll be funny?
Anyway, got all the new parts to fit (cost more than the cars worth though)
So will ask around and re book it.
Thanks again for the input.... really appreciate it.
Thank you.
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big..E.
Trade Member
| Joined: | Wed Jan 30th, 2008 |
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| Posts: | 330 |
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Posted: Thu Nov 13th, 2008 05:56 pm |
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| Not a Clio by any chance?...
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Spunkymonkey
Member
| Joined: | Sat Jun 14th, 2008 |
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Posted: Thu Nov 13th, 2008 12:12 pm |
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MOTman wrote:
........ My only concern is that the bonnet flew up after test and while not on his premsies. However, as bonnet opening is part of the test, then you still have a very strong case.
More specifically, MOTman (and I know it's what you meant), security of bonnet closing is part of the test!
They'd be on a very sticky wicket to claim that the catch was working fine during the test and failed without warning as they delivered it. Reasonable assumption would be that either (a) the catch was faulty, which should have been recorded on the test or (b) the catch was ok but they failed to close the bonnet fully after the test.
In the first case, their liability might be limited - although you could still argue it was negligent of them to drive it with the fault - but the fault will be on record anyway and the car will have failed the test!
In the second case (failing to close properly) it's pretty clear negligence on their part. It's the sort of mistake that can happen (who's honestly never started to pull away and noticed the bonnet bouncing a little???) , but that doesn't absolve them of responsibility if it does!
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MOTman
Super Moderator
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Posted: Thu Nov 13th, 2008 10:44 am |
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Not sure from yr message who was driving the car back to you?
However the garage's liability is set out in the Motor Vehicle Test Regulations 1981.
The relevant regulation ie 14(1) is by the Dept Transport's own admission, dfficult for a layman to interpret and they suggest only a court can define its exact meaning!
However the Dept of Transport's own legal advisors have produced an interpretation which they have issued to all garage owners doing MoTs. I quote :
An examiner is liable for the following types of damage in certain circumstances:
a Loss or damage to the vehicle that has been submitted for testing
b Loss or damage to the equipment or accessories of a vehicle mentioned in (a)
c Loss or damage to any other property
d personal injury (whether fatal or not)
For an examnier to be liable for the types of damage in (a) and (b), the circumstances must be that the damage can be connected to an examination carried out by that examiner whilst the vehicle or accessory concerned was in his custody.
As David has suggested, I think your best bet is to speak to the garage oener. If he's reluctant to accept responsibiltiy, ask him to look at Appendix 4 of his MoT Testing Guide (a book he and all MoT stations must have on site).
My only concern is that the bonnet flew up after test and while not on his premsies. However, as bonnet opening is part of the test, then you still have a very strong case.
Last edited on Thu Nov 13th, 2008 10:48 am by MOTman
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David
Banned
| Joined: | Mon May 26th, 2008 |
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Posted: Wed Nov 12th, 2008 10:52 pm |
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PlumberMK wrote: Hi. I had my car in for an mot and when finished the person driving it back to me said the bonnet flew up and it got creased (severely).
I actually think they put it on the lifter and forgot to close it from the damage but thats irrelevant.
What i want to know is, what can i do about it?
Would i need to go on my insurance?
Do i still have to pay for the mot?
Any help much appreciated.
Cheers
Hi PlumberMK,
Go back to the test station and ask to speak with the Authorised Examiner, do not delay as time is important. Advise the AE what has happended and see what response you get. If the AE says they will fix it job done, if not then you have the following options;
(1) Ensure the person was authorised to deliver your car by the test station, get name of person. I point this out so that if the test station says the person was not authorised to deliver your car, in court you would loose, this is understood to mean that the driver went off on a frolic of his own.
(2)Contact your insurance and advise them what has happended, they normally require two quotes for the work to be done, unless you are fully comprehensive, then your insurance will fix the car. Ask their advice.
(3) Going to court, summon the right responsible person, just because somebody works for an employer does not mean the employer is responsible?
(4)Don't bother with solicitors and Citizens Advice, if you cannot resolve the problem easily with the garage, you will have to either go the court route or stand the loss, its your choise, but do give the garage the benefit of the doubt, be nice and you may find it will all sort itself out in the end.
David
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big..E.
Trade Member
| Joined: | Wed Jan 30th, 2008 |
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| Posts: | 330 |
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Posted: Wed Nov 12th, 2008 07:52 pm |
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| You should not have to claim on your insurance..The Test station will have Insurance to cover accidents.However you should still pay for your MOT test.
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PlumberMK
Member
| Joined: | Wed Nov 12th, 2008 |
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Posted: Wed Nov 12th, 2008 06:57 pm |
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Hi. I had my car in for an mot and when finished the person driving it back to me said the bonnet flew up and it got creased (severely).
I actually think they put it on the lifter and forgot to close it from the damage but thats irrelevant.
What i want to know is, what can i do about it?
Would i need to go on my insurance?
Do i still have to pay for the mot?
Any help much appreciated.
Cheers
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