MOT AUTHORISED EXAMINER AND TESTING STATION APPEAL SUCCESS

Our client, a dealer-franchise for a major European manufacturer, had two 500-points penalties imposed against them by the DVSA following the discovery of serious misconduct committed by one of their employees. As is usually the case, a single 500-point penalty means Single-Offence Cessation of the Secretary of State’s Authorisation as an Authorised Examiner and Testing Station.

Simon Clarke, barrister, conducted the appeal for our client and successfully argued that the penalties were excessive, disproportionate and did not meet with the principles of fairness. On appeal the penalties were overturned, and our client retained all Authorisations – a singular outcome given the seriousness of the ex-employee’s original conduct and the importance to any franchised dealer of the MOT function.

SBC advises and represents Authorised MOT Examiners, Testers and Testing Stations, from initial DVSA investigation through the disciplinary process up to appeal and, in appropriate case, to the High Court. Our DVSA MOT team, led by Simon Clarke, brings all of its legal and practical expertise into play to obtain excellent results for clients whether major national operations or single-tester stations. Call or email us for free advice.