Disagree with an MOT result? How to appeal
How to appeal an MOT fail to DVSA within 14 working days, why you must not repair the car first, and what to do when a car passed but should have failed.
Updated
If you think an MOT result is wrong, talk to the test centre first and do not let anyone repair the car. If that does not settle it, send DVSA's complaint form within 14 working days of a failed test. DVSA will contact you within 5 days, may recheck the car, and refunds the test fee if your appeal is successful. If a car passed when you think it should have failed, you can appeal too, with different time limits.
Before you do anything: do not repair the car
This is the rule that trips people up. GOV.UK says you should not have any repairs made until the appeal process has finished. DVSA needs to see the car in the state it was tested in. Once a part has been replaced, nobody can tell whether the tester was right.
If the car failed with a dangerous defect, it must not be driven until it is repaired, so while you wait it needs to stay where it is or be moved without being driven.
Step 1: talk to the test centre
GOV.UK says you need to discuss the result with the test centre before anyone starts repairs. Ask the tester to show you the defect and explain why it was graded the way it was. A disagreement can end here, either because the centre explains the defect or because it spots a recording mistake.
Write down who you spoke to, when, and what they said. Take photos of the part if you can see it.
Step 2: appeal a fail to DVSA
If the centre does not resolve it, you can appeal to the Driver and Vehicle Standards Agency (DVSA).
- Fill in the MOT complaint form on GOV.UK.
- Send it to DVSA within 14 working days of the test.
- DVSA will contact you within 5 days to discuss your appeal.
- If DVSA decides to recheck the car, you arrange a date and pay the full test fee again.
- DVSA sends you an inspection report listing any defects it finds.
If your appeal is successful, you get the test fee refunded. The maximum MOT fee for a car is £54.85 at the time of writing.
When a car passed but you think it should have failed
This route matters to buyers. If you bought a car with a fresh MOT and soon found faults that you think should have failed it, you can appeal against the pass, as long as you are within the time limits.
The steps are the same as for a fail, with two differences:
| Appeal against a fail | Appeal against a pass | |
|---|---|---|
| Time limit | Within 14 working days of the test | Within 3 months of the MOT for a corrosion-related problem, within 28 days for other defects |
| Fee for a recheck | Pay the full test fee again, refunded if you win | No test fee to pay again |
DVSA will contact you within 5 days. If it decides to recheck the car, you arrange a date, and DVSA sends you an inspection report listing the defects it finds.
What DVSA can and cannot do
DVSA's role is to decide whether the test was carried out correctly. It cannot help you take action against a test centre. GOV.UK says you can take your own action through Trading Standards, personal legal proceedings or by reporting the centre to the police.
If you are unhappy with the MOT service you got, rather than the result, GOV.UK says to contact DVSA about that too. The GOV.UK page linked below has the current contact details.
If you think an MOT certificate might not be genuine, GOV.UK says you can check it by looking up the car's MOT status with the registration.
If you bought a car that failed soon after a fresh MOT
A few things help:
- Keep the evidence. Keep the sale paperwork, the advert, the MOT certificate, the new fail notice and photos of the defects.
- Do not repair yet if you plan to appeal the earlier pass. Check the time limits: 28 days for most defects, 3 months for a corrosion-related problem.
- Read the history. Did the same items appear as advisories before? If so, the fault was building up and the seller may have known. Our guide on how to read MOT history explains what to look for.
- Know your rights against the seller. If you bought from a business, the Consumer Rights Act 2015 says goods must be of satisfactory quality, fit for a particular purpose you made known, and as described. Your rights against a private seller are narrower. Our guide to the Consumer Rights Act for used cars explains more.
An MOT appeal deals with the test. A claim against the seller is a separate matter, and you may need both. For a dispute with a dealer, an independent adviser such as Citizens Advice or a solicitor can tell you where you stand.
The MOT checks that the car meets road safety and environmental standards on the day, without dismantling it, and does not cover the condition of the engine, clutch or gearbox. That is why it pays to see a car with a mechanic before you buy, rather than relying on a recent certificate.
Frequently asked questions
How long do I have to appeal an MOT fail?
You must send the complaint form to DVSA within 14 working days of the test. Talk to the test centre first, and do not have any repairs done until the appeal is over.
Do I get my money back if my MOT appeal succeeds?
Yes. GOV.UK says that if your appeal is successful, you are refunded the test fee. If DVSA rechecks a failed car, you pay the full test fee again for the recheck.
Can I complain if a car passed its MOT but should have failed?
Yes. Appeal to DVSA within 3 months of the MOT for a corrosion-related problem, or within 28 days for other defects. You do not pay the test fee again if DVSA rechecks the car.
Can DVSA make the test centre pay for repairs?
No. GOV.UK says DVSA cannot help you take action against a test centre. You can take your own action through Trading Standards, personal legal proceedings or by reporting the centre to the police.