Message from Vosa.

This is a difficult one for both the tester and the VE doing the recheck. We know that an appeal CAN be carried out for up to 30 days after the test, but and in my opinion a big 'but', how does this presenter drive? One driver could drive for months on 1mm of brake pad and another could wipe it out in hours. The other point markmotman makes later is that DVSA are actively trying to make us cut down on advisories. Now that has got a lot of backs up as a sort of reflex, but what they are trying to cut down is of course unnecessary advisories. They are not saying we should not cover ourselves any time we need to. The tester should have advised if they were low, or if he could not assess their condition. Always cover your back. We should not have to, no one should have to work on the defensive all day long, but that's how it is and we all know this. We are told, and this has come up in previous threads on the forum, that even if you do believe it ought to fail because the pads are below 1.5mm, you should still only advise it if it's not metal to metal, because you have no recognised method of measurement. Rambling on a bit, but to sum up in my opinion.
1. He should not have been given a warning in this case, because there is no way the VE could know what he found and the brakes were working fine and safely 'at time of test'.
2. He should have advised low pads.
3. We have all just been given the warning again - you must advise! Customer don't like it (shame), DVSA prove again that it must be done. Advise EVERY time you need to.

stealth

That is some helpful advice for Andy, but I would like to pick your brains some more

Correct me if I am wrong, but the VE has to make a decision on the day of his examination that those pads would have been like that at the time of the initial test/pass - So in this particular example, it would seem quite clear that the VE thought those pads should have failed at time of test otherwise there would be no case to answer and no warning letter issued.

Is that correct?

Thanks for the reply stealth - Your way seems a logical approach to the situation

Wonder why that didn't happen with Andy..

By the way, do VE's have targets in reference to how many appeals they attend and any consequent actions?

Haven't been interviewed Stealth,only spoke to DVSA guy on Fone & he said when he looked at the brakes they were metal to metal,,bare in mind the car owner traveled upto Scotland from scarboro East Yorkshire & she said the brake noise started on the way back,,DVSA guy said with the roads she was travelling on their wouldn't be much braking,,my opinion is if traffic was busy as it probably was being holiday period their would be more braking & I don't know what the mileage would have been by the time she got back.Ill wait till I get letter & see what it says.

Andy.

Plus the mileage beforehand,,I spoke to the guy who sold her the car earlier & she has told him she is taking him to court because the brakes have worn out,,lol..I told him to tell her she should have had the car serviced or chećked over when she bought it especially if she was going on a long journey with it.

Andy.

I had a appeal some 20 yrs ago and i had a warning letter that said the presnter had a right to sue if they so wish all that happened they sent me on a refresher so that wont happen now will it must say brake are hard to see use a smallhand held mirror when doubt pass and advice

Well good news today,,I phoned the chap who went to check car out to ask if he had posted the letter as neither me or the NT have received anything to be told NO further action will be taken as it shouldn't have gone this far & when he wrote to his superior or whom ever is above him also said no further action to be taken & it shouldn't have gone this far..

Andy.

They do go look at vehicles outside peoples houses . About 25 years ago I attended an appeal inspection in a carpark . It was an old Datsun and the engine was sat on the floor . It was about three weeks after I had tested it . Somebody had done a wonderful job of patching up the offside front innerwing . Shame they hadn't welded the engine mounting to it and just covered it with underseal .
I walked away with nil points x