Post-MOT tyre replacement

The consumer’s issue:

In February 2020, I made an online booking with the dealership for my tyres to be replaced and an MOT. The business carried out the MOT first and, because the tyres needed replacing, the car failed its MOT. After they replaced the tyres, they re-tested the car and it passed.

I believe there was no need to conduct two MOTs, since I had already told the business that the tyres needed replacing. My car now has an unnecessary MOT failure in its MOT history, which could have been avoided. To resolve the issue, I want the failed MOT removed from the vehicle’s MOT history, as well as a refund for the MOT, plus some compensation.”

The accredited business’ response:

  • We booked the car in for a one-hour MOT time slot, as required by the Driver and Vehicle Standards Agency (DVSA), the body which regulates MOT testing.
  • The consumer arrived 15 minutes before their one-hour MOT time slot, so the tyres could not be replaced before the MOT was carried out, since this would have caused delays to other customers.
  • Since the consumer did not arrive early enough for the tyres to be replaced before the MOT, this meant that the test was carried out first.
  • Although we knew that the car was also booked in for tyre replacement at the time of the MOT, the tyres had not been replaced beforehand, so the car had to fail the test.
  • Unfortunately, once a car fails an MOT, the vehicle history can’t be changed.
  • However, we would like to apologise for any inconvenience caused and refund the cost of the MOT as a gesture of goodwill.

The adjudication outcome:

  • The adjudicator found that both parties agreed that the car was booked in for the replacement of the tyres and an MOT.
  • Additionally, the adjudicator stated that it would be reasonable to expect the dealership to replace the tyres before conducting the MOT.
  • As such, the adjudicator reviewed the evidence and found that there was a breach of the Service and Repair Code by the business, as they had failed to replace the tyres before conducting the MOT, and had also not explained to the consumer that they would need to arrive more than 15 minutes early for their MOT in order for the tyres to be replaced.
  • Therefore, the complaint was upheld in the consumer’s favour, and the adjudicator directed the business to refund the customer for the cost of the MOT.
  • However, the consumer was informed that The Motor Ombudsman does not generally make awards for compensation, and that the records held by the DVSA could not be changed, because the car had failed an MOT so the car’s history was correct.
  • There was also no evidence to support a conclusion that the failed MOT would have an adverse effect on the car’s value.

Conclusion:

  • The business agreed to pay the consumer £26.90 for the MOT, as recommended by the adjudicator. The consumer accepted this outcome, thereby closing the case.

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