So I thought it would be a good idea to buy her a 50cc moped to get there, eventually buying one from a private seller. It was recently MoT’d and the seller told me it was roadworthy. I collected it with my mate and his van and took it home to surprise my daughter. She’d recently passed her CBT and was super excited. We popped some petrol in it and both got kitted up (I have a Fazer 1000) and headed out for her first ride.

However, we’d only ridden about five miles when it just conked out and broke down. She cried and I have to say I was pretty gutted and angry. I got straight on the phone to the seller who said it was fine when he sold it and it’s my problem. He then blocked my number and didn’t reply to my messages etc. Can I sue him? I paid £1,500 for the moped and can’t afford to lose that. I read online about the Consumer Rights Act?

Answer

Before you head down the court route, I would need to know what caused it to “break down”. For example, if you put contaminated petrol in it, this won’t be the seller’s fault. However, on the basis you say this was the seller’s fault, you need to go in with your “eyes wide open” as you have fewer rights when buying from a private seller because parts of the Consumer Rights Act don’t apply. Generally speaking, the seller must not have “misrepresented” the moped, such as telling you it hasn’t been in an accident when it has, or saying it was “roadworthy” when it was not. Unfortunately, enforcing your rights in this instance can be very difficult. If the seller is not willing to engage it may be that your only route to resolving the problem is going to be via the court.

I advise you keep a copy of the advert and photographs etc and all correspondence etc. as this will be part of your evidence in proving the claim, if you decide to issue court proceedings. Whilst you may well have a good claim it is likely that this would be allocated to what is known as the Small Claims Track, because the financial value of your claim is below £10,000. The Small Claim Track is designed so that people may bring their own claims without the use of a lawyer (unless you want to, but this will likely cost you more than the value of the moped) and I advise you speak to your local court and check the Government’s website so you can issue court proceedings, if need be.

Andrew Prendergast

Motorcycle Sport & Leisure – May 2025