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Garage did 'pre-MOT check' without my authorisation

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Vracktal
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PostPosted: 17:05 - 12 Sep 2015    Post subject: Garage did 'pre-MOT check' without my authorisation Reply with quote

Just had a flaming row with a garage near me - I took my bike for an MOT and they tried to tack on a £40 labour charge for 'pre-MOT checks, claiming I authorized this when I booked it.

~Full story~
So the KLE500 was overdue an MOT. I called a local garage in Tooting that I was told did motorcycle MOTs, and down the phone the lady confirmed (in broken english, this is important later) that I had an MOT booked for the 12th at 9am. There's no mention of a pre-MOT check or any pricing for one.

A week passes and the date arrives - I take the bike down and drop it off, tell her I'm dropping it off for the MOT I booked. The same lady at the desk confirms my details and I give her the keys. Still no mention of pre-MOT checks.

A couple of hours later I get a call - It's lady again. 'Your bike has failed the MOT because the chain is too slack (subframe was fine) and the license plate is too small.' I ask them not to change the chain tension because the ultra-soft suspension means when you sit on it the compression brings the chain tension up to correct. I agree on the license plate though and agree for them to make a new one for £13.29. Still no mention of a pre-MOT check.

A couple more hours pass and I get another call. My bike passed it's MOT is ready to be collected. The total price is £98.99.

u wot m8?

Zip down there at the speed of light. Lady hands me an invoice. Price for MOT: £34.99. License plate: £13.29. One hours labour: £40.00.

Confused, I inquire as to what the hell, and get told it's for 'pre-MOT checks'. Still confused, I ask what that is, and state I never authorized a pre-MOT check. She goes on, saying I was told when I booked it in that it's the policy of the garage to do a pre-MOT check to 'guarantee that it'll pass when it's tested.' Slightly annoyed now, I tell them I didn't agree to this and that I only wanted an MOT test and not any pre-check. Lady then drops a bombshell. 'No, we don't do MOTs here, we just do a pre-check then take it to a separate garage that does the actual MOT.'

So it turns out that the garage I booked with is just a middle-man. They take in bikes, do a pre-MOT check then take them to another garage they have an agreement with, that only does MOTs. Then they bill the consumer an inflated price for the MOT and tack on labour+parts. They didn't adjust the chain, evidenced by the whole area still being filthy and clearly untouched.

I disputed with lady the labour charge. I agreed that the price for the license plate was fair, and even the extra money they added to the MOT price, but flat out refused to pay the labour charge as they never mentioned in all conversation that they weren't actually an MOT tester.

With hindsight, I chose the garage by putting 'motorcycle garage MOT tooting' into google and picking the one nearest to me, and didn't check if they were displaying the MOT Approved Test station symbol when I dropped the bike off. But still, they never mentioned that they weren't an MOT tester, or that they only did pre-checks, nor did they mention the price for an MOT would be higher. Again, when I dropped it off they never said I had a pre-check booked, and didn't mention anything when I said I was bringing it in for an MOT. However, the lady I dealt with was definitely eastern european and i'm fairly sure didn't speak english as a first language.

Anyway to wrap up, I argued with lady for a while, eventually she called her boss who then argued some more, repeating over and over that it's a standard thing they do and that lady must have confirmed it with me because that's what she always does. I stood my ground, he offered to reduce it to £20 but I still refused and eventually agreed to bill me just the plate and the inflated MOT price. However, boss man continues to insist that I'll still owe them the remaining amount.

I paid, and got an invoice back showing I paid the £51 but the paper still says I owe them £24.01 for labour (inc. VAT.). I gather my paperwork and gear up to ride home.

As i'm just about out the door, boss man shouts to me. 'you still owe us though, and we'll remember that.' in a slightly sinister tone. I get the fuck out of there and go home.

However, the questions lingering are:

1) Am I in the right here?
2) What is the garage likely to do (if anything) to chase me up?
3) Is there anything I should do?
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Nb
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PostPosted: 17:15 - 12 Sep 2015    Post subject: Reply with quote

Fuckem, this is a very common practice especially with cars. People come into my garage and ask for a pre mot and i simply tell them we dont do them, what the fuck is the point of checking all the things that are part of the mot test but paying half the price. Chances are that the garage cannot check things thoroughly as they probably dont have a brake tester so the pre mot is kinda pointless.
I doubt they will do anything over that small amount.
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wots
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PostPosted: 17:15 - 12 Sep 2015    Post subject: Reply with quote

The garage round the corner from me, Carshalton is excellent. Really fair. They do their own too. Think its £30
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Itchy
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PostPosted: 17:16 - 12 Sep 2015    Post subject: Reply with quote

Quote:
1) Am I in the right here?
2) What is the garage likely to do (if anything) to chase me up?
3) Is there anything I should do?



Thinking back to a law course I did over a decade ago. All provision of goods and services must have a consideration phase.

Whereby goods/services are considered and a price agreed.

Any additional work carried out cannot be charged as it is past the consideration phase.

This prevents people from mowing your lawn and charging you money as it is well past the consideration phase of a contract.


My personal thoughts and IANAL, is that they were mis-representing their services and did not inform you that they were a middleman company.
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Ste
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PostPosted: 17:17 - 12 Sep 2015    Post subject: Reply with quote

Sigh.

All you've got to do is kill him and then you won't owe him anything and the chances of him remembering anything are slim to none.

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Andy_Pagin
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PostPosted: 18:24 - 12 Sep 2015    Post subject: Reply with quote

Firstly name and shame please, that way their name on BCF might save some other poor sod the hassle.

Secondly local trading standards.

Thirdly the people who regulate MOT stations might be interested that these cowboys are giving the impression that they're a test centre.
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Wonko The Sane
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PostPosted: 19:14 - 12 Sep 2015    Post subject: Reply with quote

did you sign anything anywhere at any time?

Did you sign the invoice before leaving?

If no to both then they can whistle for it

if the latter then you've essentially accepted that you owe them the claimed debt and will have to prove again later (if they chase you for it) that you didn't agree
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monkeybiker
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PostPosted: 19:49 - 12 Sep 2015    Post subject: Reply with quote

You have your bike back so there is sod all they can do, just forget about it.

Just sounds like there trying it on to be honest. Who would want a service like this?, nobody would. You would just go straight to the mot place yourself.
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MCN
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PostPosted: 19:53 - 12 Sep 2015    Post subject: Reply with quote

Always carry spare keys for your vehicle. Smile

I know of a main BMW dealer who do not do MoTs. They check and send to a tester. Silly really. But they probably only MoT the used bikes they sell. Which won't be many bikes over three years old anyway.

The motor trade is rife with stress causing issues.

I'm selling up and buying a fucking horse. Mad
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MCN
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PostPosted: 19:54 - 12 Sep 2015    Post subject: Reply with quote

monkeybiker wrote:
You have your bike back so there is sod all they can do, just forget about it.

Just sounds like there trying it on to be honest. Who would want a service like this?, nobody would. You would just go straight to the mot place yourself.


Trying it on is Company Policy for a lot of places. Smile
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Minty
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PostPosted: 20:31 - 12 Sep 2015    Post subject: Reply with quote

So you pay for a pre mot inspection so as to prevent a MOT failure.

They MOT it.

It fails.

Yeah, I can totally see why anyone would happily pay for that service.
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P.addy
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PostPosted: 21:02 - 12 Sep 2015    Post subject: Reply with quote

Grab bricks.
Throw though windows.

Pre-window replacement check, no charge.
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t121anf
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PostPosted: 21:13 - 12 Sep 2015    Post subject: Reply with quote

Minty wrote:
So you pay for a pre mot inspection so as to prevent a MOT failure.

They MOT it.

It fails.

Yeah, I can totally see why anyone would happily pay for that service.


Did it not fail the pre-MOT? Otherwise how can it pass with the slack chain it's just failed for?
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MattEMulsion
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PostPosted: 22:33 - 12 Sep 2015    Post subject: Reply with quote

Name and shame them, they sound a bike like cowboys if that is how they conduct their business. Oh and I'm sure that you won't be going back there again anyway.

Don't quote me on it but certainly a few years ago a full size number plate was not required to pass a motorcycle MOT. It only had to be legible from something like 15 metres or so. I'm sure someone here will know the correct current parameters.
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Irn-Bru
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PostPosted: 22:40 - 12 Sep 2015    Post subject: Reply with quote

Proper dodgy that. My local is £25, free tea and coffee while you wait on the sofa and watch TV.
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Parson
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PostPosted: 22:40 - 12 Sep 2015    Post subject: Reply with quote

Yep, name and shame! Let us all know who to bad mouth, and not use.
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Vracktal
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PostPosted: 22:43 - 12 Sep 2015    Post subject: Reply with quote

Garage was South London Motor Cycles in Tooting - https://www.southlondonmotorcycles.co.uk/

Their website makes no mention of a pre-MOT service either.

As far as the invoice goes, I didn't sign it, made it clear I wasn't going to pay for the £40 labour then after I got my keys back hightailed it out of there. I have an invoice from them showing I paid for the plate and MOT charge though which i'm fine with. In a pinch I could have started it with my penknife as the ignition barrel is worn away to nothing.

Also they have my address but the name they've got me down as isn't my actual name. (Although it unsurprisingly does spell out what my name would be if an eastern european tried to write it down after hearing it on the phone. Laughing )

Also, after chatting to my housemate about them is sounds like they have a cosy deal with the garage that actually does the MOTs, since they said it failed on the chain and plate but magically it passed later without any adjustment to the chain.

I can't see them coming after me for £24 but all the same i'd like to have a fall-back in case they try something on. Hmmm.
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supZ
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PostPosted: 23:02 - 12 Sep 2015    Post subject: Reply with quote

Vracktal wrote:
Garage was South London Motor Cycles in Tooting - https://www.southlondonmotorcycles.co.uk/

Their website makes no mention of a pre-MOT service either.


https://i.imgur.com/wIIGq0W.jpg

Question


end of the day if you didn't agree to it then screw 'em. they did 'work' they were not authorised to do so more fool them.
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kramdra
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PostPosted: 23:25 - 12 Sep 2015    Post subject: Reply with quote

OP fail, middle man or not. Do not hand over bike/keys or agree to anything unless the total price has been agreed, then nothing can be added on. Most garages seem to think total means excluding VAT, therefore you should explicitly ask total including VAT.

Many garages I've been to, having got a total, agreed price, inclusive of VAT, in person, would try there luck adding on VAT and telling me the price was excluding when I go back to pick up.


Last edited by kramdra on 23:27 - 12 Sep 2015; edited 1 time in total
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Vracktal
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PostPosted: 23:26 - 12 Sep 2015    Post subject: Reply with quote

Swear that wasn't there when I checked the Site earlier Shocked and in caps, no less. Weird.
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Andy_Pagin
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PostPosted: 23:30 - 12 Sep 2015    Post subject: Reply with quote

Vracktal wrote:
sounds like they have a cosy deal with the garage that actually does the MOTs, since they said it failed on the chain and plate but magically it passed later without any adjustment to the chain
If it was me I'd also give plod the heads up since that's bordering on fraud.
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ferrisio
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PostPosted: 00:19 - 13 Sep 2015    Post subject: Reply with quote

Vracktal wrote:
Swear that wasn't there when I checked the Site earlier Shocked and in caps, no less. Weird.


Was there on Sept 11th Sad https://webcache.googleusercontent.com/search?q=cache:CG5E68i-VQQJ:www.southlondonmotorcycles.co.uk/+&cd=1&hl=en&ct=clnk&gl=uk
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oouche
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PostPosted: 00:36 - 13 Sep 2015    Post subject: Reply with quote

Not really sure they can inflate the MOT price see : www.gov.uk/getting-an-mot/mot-test-fees

"There’s a maximum amount MOT test stations can charge. This depends on the type of vehicle.

The maximum fee for a car is £54.85 and £29.65 for a standard motorcycle.

You don’t pay VAT on the fee."

If they list the MOT separately i would refer to trading standards
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Shaft
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PostPosted: 00:59 - 13 Sep 2015    Post subject: Reply with quote

Andy_Pagin wrote:
Vracktal wrote:
sounds like they have a cosy deal with the garage that actually does the MOTs, since they said it failed on the chain and plate but magically it passed later without any adjustment to the chain
If it was me I'd also give plod the heads up since that's bordering on fraud.


Plod won't give a flying fart, it's the DVSA you would report them to, then they stand to lose their testing licence as a station and the tester as an individual.

When it comes to failing a bike on a slack chain, the tester's manual says you should only RfR if early failure of the component is likely, which is very ambiguous; it also doesn't specify if the chain tension should be tested with the bike on a stand, or with a rider seated, so it's very open to interpretation.

Personally, I look for a loose chain on the pre test walk round, if it looks a bit suss, I'll check it again when I'm sitting on it - if it's also red with rust, or dust dry and the sprockets are hooked or knife edged, it's a fail, other than that, it's an advisory - other testers may vary.

I should also add that if the chain is looking that dangerous (or any other component, for that matter) you can refuse to test.

Number plates can also be a slightly grey area - depending on age, plates should be of a very specific prescribed size, font, spacing and margin, but there's a line in the manual about being legible from approximately 15 meters away, which is the tester's 'get out of jail free' card; if it's clearly legible, most testers will pass it, unless it's really taking the piss, like single line plates, or plates positioned so as to obviously make them difficult to read.

As for the OP and comebacks, it's going to cost them at least 25 quid to take you to small claims court, so I doubt much will happen, unless they've got some tame tea leafs who will come round to your place and lift your bike.

If that happens in the next few weeks, then you might have something to go to plod with.
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