You could do the sensible thing and plead guilty to the offence, but use it as mitigation and basically own up to it all. This way, you may receive less points/no points but a larger fine, and remain driving?
I bought a car a couple of years ago from a main agent. Before I closed the deal found out that MOT had just expired. They agreed to put a fresh MOT on as part of the deal. Got car serviced at another dealer about two weeks later and they told me the front tyres were below minimum!!! As regards the bald tyres, you have to receive the summons within 6 months from the date of the offence. I think they normally come through in 2-3 months but it does vary greatly. Also, courts dispose of offences differently so you may be lucky and get 3 points and a fine or they may give you 6 points and a fine. There doesn't seem to be any consistency between what one magistrate dishes out to another. I don't t think you have any recompense with the garage though.
plead guilty has got to be the way forward. i no what people are saying about the MOT station not been liable. Fact of the matter is after four weeks, your tyres should'nt be bald. actualy the tyres were only bald on the inside's, maybe it was due to poor suspension? I recon i should seek legal advice......no one can really predict on what will happen cuz of the circumstances. im goin weather spoons to drink some cheap Ale
If you look on the back of your mot it will say in paragraph 4 "An mot test pass confirms that, when the vehicle was examined in accordance with section 45 of the road traffic act 1988, it MET THE MINIMUM LEGAL REQUIREMENTS for those items prescribed under the act. it does NOT MEAN THAT THE VEHICLE FULLY MEETS ALL LEGAL REQUIREMENTS OR THAT IT WILL CONTINUE TO BE ROADWORTHY FOR THE NEXT YEAR. It is your responsibility to keep the vehicle maintained so that it would always meet mot standards and free from other defects" It also says that you have 28 days to complain if you have any probs with the mot. So i would say you are looking at another 6 Pt's.
In the eyes of the law you as the driver of the vehicle are responsible for its roadworthiness, what is to say that the car passed its MOT with legal tyres and then you have been circuit racing or even changed the wheels for ones with less tread on them. Blaming the MOT station will not help you one bit IMO. Sorry jt18 not what you want to hear but a lesson to us all, check regularly or risk the consequences.
If it was on the minimum when it passed it could have worn within 300 miles (haven't bumped a kerb & knocked the tracking out?), but still it's down to you to check your tyres before you leave unfortunately mate.
Hey does anybody remember when this thread was runnning? Well it has been 7 months now and i have not yet recieved a summons. Apparently anything longer than 6 months then you are in the clear. I'm the luckyest kid i no.
no, its something like they have 6 months to issue from the date they have enough evidence... so its very open. ill cross my fingers for you though. why didnt you check your tyres anyway? i could get a new MOT today and my ABF powerhouse of fury could shread them within 5 minutes... dead tyres are dead tyres regardless of when the MOT was done
In this instance it would be from the date of the accident, thus paperwork would have to have been issued within the 6 month period, because they have all the eidence that is needed. It would appear you have been very luck and got off with it. Lesson learned I hope. Also with regards the MOT, this basically only shows your car is roadworthy on that date, although it covers you for a year. Also as has been stated it's the duty of a driver to check his car, van lorry or whatevr on a daily basis before he/she uses it. That's why if a mate was driving your car in this condition he would get done as well.
