abandoned vehicles

[tam9933]

i am a self employed mechanic , i have a yard full of cars that no one has returned to collect , they have been left for estimates , or to have work done , the owners do not return telephone calls or say that they will collect their car but never do , when can i dispose of them ?

[sailor sam]

Hi there,

 

I think this is a simple one! Have you got the addresses of the owners?

If so, a simple letter by recorded delivery on the lines of;

 

Dear Dir/Madam,

 

Ref your vehicle (make/model) VRM: *******

 

I write in relation to the above mentioned vehicle which was left at my premises on (date) with the view of having work done.

 

I have attempted to contact you to progress further without success.

 

So I am writing to you to request that you either; contact me to discuss the work you require to be done (Please note a deposit may be required), or to contcat me to arrange the collection of the vehicle.

 

Failure to do either of the above within 14 days from the date of this letter will result in you incurring storage fees to be charged at the rate of ( I suggest £20 per day) and also the possible disposal of the vehicle.

 

Your immediate attention is now required in this matter. Please note: If the vehicle is subject to any outstanding finance, I strongly advise you to forward a copy of this letter to the finance company.

 

Yours ect.

 

In the meantime I suggest you check your rights on the ultimate disposal of the vehicles with Trading Standards. In any event, you will be able to demand storage after you have sent the letter and will be able to hold the vehicle(s) untill you are paid, even if the car is on finance.

 

Keep us posted!

[dx100uk]

the otherway ofcourse if they have no tax is to inform the relevent authorities that they have been effectively dumped on your land and you want them removed.

 

AFAIK DVLA would love to see them crushed. you must ofcourse inform the owners of said lumps your intentions first.

if all you have is phone numbers, then send a text [you can do this to a landline too] first giving 14days to collect or the DVLA will be informed.

 

dx

[Ed Gasket]

Incredible ! Why would anyone thinking of dumping their car take it to a mechanic instead of just dumping it? ..and you say you have a yard full !!! Totally gobsmacked ! I was thinking of doing repairs myself on a self-employed basis but never anticipated such a scenario. Do you think the owners find they can't afford the repair and just give up? Can't you get the owner details from DVLA; seems you have a justified reason; I think it costs £2.50?

[JimmySpangle]

If you have their address write to them, otherwise get it from DVLA. Give them 7 days to remove the car or it will be crushed.

 

Scrap all the cars in 7 days - end of problem.

[Conniff]

I think I would go with Sams suggestion and charge storage fees, that way if they are in any way saleable, you can sell them to recover your fees.

 

The Torts (Interference with Goods) Act 1977 provisions apply any time after the goods are ready for collection, subject to any terms imposed at the time the goods were left with you for repair.

 

If you are in possession of a customer's goods and he/she is under an obligation to collect them (e.g. because you have repaired the goods for the customer), you are entitled to sell the goods if they remain uncollected and are not otherwise the subject of a dispute. Before doing so, you must satisfy two conditions:

 

1. You must first send the owner of the goods written notice of:

their obligation to collect the goods; details of the goods to be collected and the address at which they are held; your name and address; details of any sum of money owing in respect of the goods at the time the notice is sent (e.g. repair charges, storage costs).

 

This notice may be delivered direct to the owner, left at his proper address or posted to it. The 'proper address' means: in the case of a limited or public limited company, the registered office or principal office; in any other case, the last known address of the owner.

 

2. If the notice does not result in collection of the goods, you must send the owner, by recorded delivery post or registered letter: the same information as in the notice above, plus notice of your intention to sell the goods if they remain uncollected, and the date of the intended sale.

 

The period between the issue of the second notice and the date of intended sale must be reasonably sufficient for the owner to reclaim the goods. If any money is owed to you, this period must be at least three months.

 

If the owner still does not collect the goods by the date stated in your second notice, you can sell them. You must give the proceeds of the sale to the owner of the goods, but you are entitled to keep any money owed to you, including the cost of the sale (e.g. advertising).

 

If the owner of the goods is not at the proper address, you can still go ahead with the sale after you have taken reasonable, unsuccessful, steps to trace him/her.

 

This leaflet is relevant for the following nations only:

England

Wales

Northern Ireland

 

Have a read of the full regulations:

 

Torts (Interference with Goods) Act 1977 (c.32)

[sailor sam]

Here's a thought if you don't have the owner's addy's which will comply with the above which Conniff has posted; place an ad in the 'official and public notices' in your local rag on the lines of my suggested letter and listing the cars along with their VRMs. This will prove you have taken reasonable steps to trace the owners and given clear indications of your intened actions. The cost of such an add can be added to your losses of which will be recoverable.

[heliosuk]

Might be an idea to check with the local plod that they are not stolen or anything beforehand. That's if they are not preparing to beat up a load of striking postmen..........ooooppps perhaps better said that if they are not too busy preparing to monitor and control in an orderly fashion a very resonable demonstration against changes to an aged institutions services to ALL communities in the UK!