How do I transfer my cherished plate from a motorcycle which has failed its MOT?

I recently part-exchanged a five-year-old motorcycle against a new one and asked the dealer to arrange transfer of my cherished number. The new bike was delayed, so to save time I agreed they could transfer the plate to a retention certificate. In the mean time I allowed the MOT and road fund licence to expire, so by the time I collected my new bike both had been expired by 17 days. The dealer has now advised me that without a valid MOT and road fund licence, the DVLA will not allow the transfer of my plate. The dealer has put my previous bike through an MOT (as a courtesy to me), and it has failed miserably. The MOT tester has actually used the word 'Dangerous' on the MOT failure five times, in areas surrounding tyres and brakes. The dealer is advising that the cost to get the bike through an MOT could be as much as £1200, and that this is down to me to pay if I want my plate back. As the plate in question has been valued at £10,000 I obviously want it back, but I feel the dealer should cover the cost of repairs as they promised to "arrange the transfer of the plate". What is the legal position?

Asked on 25 August 2010 by Mr Hoover

Answered by Lucy
An application will be considered if your last tax disc expired within six months of the date upon which the VRO receive your application to transfer. In this case you must have been the registered keeper at the time the tax expired, and the tax must have expired naturally without refund. You must also provide the MOT certificate that was valid at the time the vehicle was last taxed but the MOT does not have to be valid at the time of transfer. If the above circumstances apply you should not need to re MOT the vehicle. Come back to me if you have any problems.
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