MOT paint damage

The consumer’s issue:

“I took my vehicle into the garage to have an MOT done, and before the MOT was carried out, I asked for the vehicle to be checked. However, the business filmed my car in a dark customer car park.

The car was subsequently returned to me with scratches on the bonnet and the rear door. The business therefore inspected the vehicle and offered to polish it, and to also look at a historic chip on the car as a gesture of goodwill. When the vehicle was returned to me, there was further damage. A second attempt for repair was carried out, but it just made the vehicle worse. I am therefore looking for a repair without further damage being caused.”

The accredited business’ response:

  • The seven-year old vehicle was presented for an MOT, and upon completion of the MOT, the consumer complained about alleged damage to the vehicle, which was in fact historic wear and tear.
  • However, as a gesture of goodwill, we have tried to address these markings without any admission of liability.
  • The vehicle has been inspected by an impartial body who has confirmed that the vehicle’s paintwork has been put right satisfactorily.

The adjudication outcome:

  • It was recognised that the following breach of the Service and Repair Code had occurred:

 

  • Clause 5.1: Staff will be trained in, and abide by the Service and Repair Code, comply with applicable legislation, be professional and polite at all times and treat you and your property with respect and care.

 

  • The adjudicator accepted that no evidence had been provided to confirm that the work was not carried out to a satisfactory level.
  • However, the adjudicator equally accepted that even if the repair was completed as goodwill, The Motor Ombudsman would still expect the work to be carried out exercising reasonable care and skill.

Conclusion:

  • The business subsequently carried out another repair, and the consumer accepted that this remedied all of the alleged faults.