The consumer’s issue:
“I booked my ’17 plate hatchback into the dealership to have two tyres replaced and an MOT conducted. The business carried out the MOT before changing the tyres, and since the tyres were in need of replacement, the car failed the test. As a result, the business replaced the tyres and conducted a second MOT, which means that my car now has an MOT failure on its history.
I don’t believe they should have carried out the MOT before replacing the tyres, so as a resolution to my complaint, the dealership should remove the MOT failure from the car’s history and provide me with compensation.”
The accredited business’ response:
- All of our MOTs are allocated a one-hour time slot, which is a directive of the DVSA (Driver and Vehicle Standards Agency).
- The customer arrived 15 minutes before their one-hour MOT time slot, so there was not enough time to replace the tyres before conducting the test. Had we replaced the tyres, this would have encroached into the time slot of the next customer, which would then have caused a knock-on effect for the rest of the MOT appointments that day.
- Additionally, the MOT tester could not pass the car when the vehicle required replacement tyres.
- This meant that the first test was carried out before replacing the tyres.
- We apologised to the customer for the inconvenience caused and offered to refund the cost of the MOT test as a goodwill gesture, but the customer rejected the offer.
The adjudication outcome:
- The Motor Ombudsman adjudicator reviewed the evidence and found that there was a breach of the Service and Repair Code by the dealership, because a reasonable person would have expected the business to have replaced the tyres before carrying out the MOT.
- The adjudicator did not believe that it would be reasonable for a business instructed to replace tyres and carry out an MOT, to fail the car’s MOT on the tyres before changing them.
- Therefore, the complaint was upheld in the consumer’s favour, and the adjudicator directed the business to provide the customer with a full refund of the MOT cost.
- However, the adjudicator informed the customer that the car’s MOT history could not be changed. This is because it was correct, so an amendment to the record could not be made.
Conclusion:
- Both parties agreed with the adjudication outcome, and the business agreed to refund the consumer the cost of the MOT (£26.90), as recommended by the adjudicator. The case was then closed.
