Motor Vehicle Disputes Tribunal

Motor Vehicle Disputes Tribunal hearings are held in private and usually take one to two hours, depending on the complexity of the case.

Hearing location

Hearings usually happen in the town or city closest to where the sale of the vehicle took place. Sales on the internet are generally considered to take place in the city nearest to where the trader has its place of business.

Who should attend the hearing

The purchaser and an authorised representative of the trader are expected to attend the hearing. If you don't attend the hearing your application may be dismissed, and the trader's costs or court costs may be ordered against you.

There is no general right for a party to be represented by somebody else, although there are exceptions to this for:

• companies
• people who are jointly liable with others
• minors
• people with disabilities requiring assistance
• anyone else if the adjudicator is satisfied that the person is unable to appear in person, or unable to present their case adequately.
  

A barrister or solicitor may not represent a party unless they are an applicant or a majority shareholder of a company who is a party to the dispute.

Who can give evidence

Both parties may call any witnesses to give evidence on their behalf. They may also wish to produce the evidence of a mechanic or expert witness who can't attend the hearing. This evidence may be heard by phone conference but this needs to be pre-arranged with the Tribunal's case manager.

Evidence that can be presented

The Tribunal can accept any relevant evidence and can receive evidence or information that would not normally be admissible in a court of law.

This means we can accept hearsay evidence, or evidence based on what has been reported to a witness by others rather than what he/she has seen. It's helpful if evidence that is likely to be disputed is presented in person by the person(s) who heard or saw the incident in question.

For example, if we are asked to consider a claim that a vehicle is not of acceptable quality, it is important that the applicant brings to the hearing some evidence supporting this. It is helpful if the mechanic who looked at the vehicle provides the applicant with a written report of the fault, its likely cause, and the cost of parts and labour to repair, rather than if the applicant comes to the hearing and tells the Tribunal what the mechanic told him or her.

What happens at the hearing

All hearing proceedings are recorded. The parties and their witnesses will be asked to promise to tell the truth. The applicant presents their evidence first and the applicant's witnesses, if any, are called to give their evidence.

The trader will give their evidence and the trader's witnesses, if any, are called to give theirs.

The Tribunal and the technical assessor appointed by the Tribunal may ask questions of the parties and any witnesses. The Tribunal is required by statute to give a written decision. At the end of the hearing, the adjudicator will reserve his or her decision and an indication will be given as to when this will be posted to the parties.

What you should bring to the hearing

Both parties should bring five copies of any written statement they wish to produce at the hearing. The statement should include details of the claim/defence and what occurred in chronological order. This helps us to make decisions quickly.

You should also bring four copies of each document you want to show the Tribunal that hasn't already been sent to the Tribunal with the application or submitted before the hearing.

The Tribunal and its expert assessor are also willing to examine parts of vehicles or examine and test drive vehicles. If you're bringing the vehicle in, park it close to the hearing.

Requests for adjournments

Any application for an adjournment is more likely to be successful if it is made well in advance of the hearing date, and as soon as the Notice of Hearing is received. At the very least it needs to be made five working days before the hearing.

Any application for an adjournment should include any supporting documentation. For example, if a witness is unavailable to give evidence because they're overseas you'll need to provide a copy of their airline tickets.

Please see the adjournment practice notes

Related links

• practice notes