A mate of mine took his untaxed car for MOT a couple of weeks ago. The car needed some work doing on it so the garage kept the car overnight. While in their possesion the garage parked the car on the road. The car got a ticket for not having any tax. My mate wrote to the local DVLA explaining the situation and they acepted this and contacted the garage.
The garage have admitted having possesion of the car but say that as my mate didn't tell them it wasn't taxed it's his responsibility.

What do you guys reckon?

Any advice or views would be welcome, if he doesn't pay the fine soon they will take him to court.

This could affect us all.

[Edited on 20/9/06 by trikerneil]

mmmm interesting, I would suggest he gets some legal advice - it doesn't seem right that he should have to pay.

He was correct that he could drive to and from the mot station without tax as he had an appointment.

He did not park it on the road.

it seems the garage acted to break the law. if there is any justice in this country, they should have to pay the fine.

just my 2p worth

Cheers

Mark

surly because it was as a booked mot it will come under the law that you can drive to and from mot station, and seeing as its at the station why is there a prob?

I had a similar problem a few years ago except it was not for no tax but a parking ticket.The garage had parked the car in a restricted area and the first i knew about it was when i had a summons for non payment of parking fine.I sent a letter back stating the relevant facts that the car had been in the hands of the garage and it was them that caused the problems,the garage as far as knew had to cough up.

as far as i know, its upto the person incharge of the car to make sure it legal. so its the garages fault. I think the law will see it thatway too.

as an example, if i got in the girlfriends car and were cought with a bold tyre, i cant use the excuse that SHE didnt tell me it had a bold tyre. Its the drivers responsability to make sure the car he is in charge of is fully legal.

quote:

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Originally posted by trikerneil
The garage have admitted having possesion of the car but say that as my mate didn't tell them it wasn't taxed it's his responsibility.

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They should have checked it was taxed before putting it on the road. While the car is in there possesion its there responsibility, regardless of whether he told them or not.

I heard a story recently (ie take a pinch of salt) where the police were stopping people to check their tax. The story teller related how the police said it is the fault of the driver for driving a car without tax. The story went on to say that he spotted that the police cars didn't have tax on them. They let him go and cleared off themselves.

Pinch of salt asside, it would seem to suggest that the mechanic who parked the car would be legaly at fault.

If your mate left his car 'in the care' of the garage, that is, he wasn't told it would be parked on a public road, and believed it would be kept off the highway, then it is the garages' responsability.

If the garage said he could leave it there, but it might have to be put on the highway then it becomes your mates problem. Its a moot point.

If the car had failed its MOT by the garage, why did they park it on the road? Knowing it was illegal, as in 'car on public highway without an MOT' ...... regardless of the taxation status....something doesn't sound quite right...

Good luck,
Fozzie

Didn't they look at the windscreen?
If they argue, then a small claims court would probably sort it out for you.

well as above; your mate could say they did not tell him they were going to park it on the road.

if you think about it, most people go for MOT when their tax is due so anyone with half a brain, oh hold on, we are talking garage monkeys here, would have taken a look.

anyone, why are they parking a customer's car on the road nad not on their premises?

I HAD THE SAME PROBLEM LAST YEAR
parked a punters car on the road for 5mins to swap some cars around,
got a tax thing straight away
the customer returned it, saying it was our problem,
and we got a fine for it !

Thanks Guys

This has given my mate some ammo.