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uncollected motorcycle

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mellc
mellc Posts: 48 Forumite
Hi, a friend of mine has a repair garage and has had a bike left with him by a client for just over 4 years, despite trying to contact the owner he hasn't collected the bike so my friend has applied for the V5 (he had hoped to sell the bike to offset some of the storage charges) the owner has now appeared and refuses to sign the V5 over. Saying he couldn't get in before as he was in no rush for the return of the bike and he has been "busy"!!! No repair has been carried out to the bike as it wasn't possible to get parts for it.
He was made aware that there are storage charges applied to vehicles uncollected after a week.......what now??? is it just stale mate or is there a way my friend can lay claim to the bike. Trading standards have been contacted but it will take their legal team 5 days to get back to him, which of course he will wait for, but i just wondered if anyone had heard of anything similar?
thanks
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Comments

  • Anihilator
    Anihilator Posts: 2,169 Forumite
    How much does he owe in storage charges?

    Provide his invoice for the storage charges and state when its settled the bike will be able to be collected.
  • mellc
    mellc Posts: 48 Forumite
    Anihilator wrote: »
    How much does he owe in storage charges?

    Provide his invoice for the storage charges and state when its settled the bike will be able to be collected.
    Yes he's done that, the storage charge is set at £5.00 per day so it runs into 1000's i don't know the exact amount, the bike is worth about £400.00 but my friend has said he will write off the storage charge in exchange for the bike, as he is retiring at the end of March he is keen to get this sorted out ASAP
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    In that case get your friend to iniate a small claims court case for the full value online. If he has any proof of storage costs etc being agreed to then this should be used.

    Im reckoning the person will quickly backdown then.
  • mellc
    mellc Posts: 48 Forumite
    thanks i'll suggest that to him
  • Did he ever actually manage to contact the owner before he applied for the v5? You just say he tried to.
    Whenever I've put a vehicle into a garage for repairs, I've never been told "by the way, if we cant fix it within 7 days we'll charge you for storage".
    Sounds like a legal minefield TBH.
  • mellc
    mellc Posts: 48 Forumite
    Did he ever actually manage to contact the owner before he applied for the v5? You just say he tried to.
    Whenever I've put a vehicle into a garage for repairs, I've never been told "by the way, if we cant fix it within 7 days we'll charge you for storage".
    Sounds like a legal minefield TBH.

    no that wasn't the case, yes he was contacted by letter and was asked as the repairs we unable to be carried out he should collect the bike. i think the point was 4 years is stretching it a bit to use the excuse he was busy. i can understand what you are saying but would you leave your car in a repair garage for 4 years with no contact at all with the repairer
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    For a small claims court case to be successful I am sure you would have to first show the owner was aware there would be storage charges. I guess a claim of repeated contact saying this would be adequate. One letter wouldn't cut it IMO (could have got lost in the post etc).

    I guess the court will also look on the case with more respect if it can be shown that the charge can be considered reasonable, either in terms of actual losses the garage owner has incurred, or the costs of secure vehicle storage elsewhere. For example a council garage costs about £8 a week to rent, so the court may see £5 a day as excessive/not representative of actual losses.
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    anewman wrote: »
    For a small claims court case to be successful I am sure you would have to first show the owner was aware there would be storage charges. I guess a claim of repeated contact saying this would be adequate. One letter wouldn't cut it IMO (could have got lost in the post etc).

    I guess the court will also look on the case with more respect if it can be shown that the charge can be considered reasonable, either in terms of actual losses the garage owner has incurred, or the costs of secure vehicle storage elsewhere. For example a council garage costs about £8 a week to rent, so the court may see £5 a day as excessive/not representative of actual losses.
    A repair garage for bikes may have to turn away another client as a bike is taking up space. Also does your mate have a sign up warning of charges or disposal?
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
  • mellc
    mellc Posts: 48 Forumite
    Yes there is a clear sign advising of charges, he was told by trading standards that this classes as informing the customer, it is posted along side insurance cover etc. He is only allowed to keep a certain number of bikes in the garage at any one time due to insurance restrictions, for the last 4 years this has had to be reduced by one because of this bike. I have asked tonight and the storage charges are in excess of £5000.00 so by accepting a bike which is worth £400.00 is surely to be seen by a court as a goodwill gesture?
    what i really can't understand is why would you leave a bike at a garage for 4 years anyway, the strange thing is, is that he has continued to put a SORN on it during this time.
  • Have you got the address of the owner? Is he local? If so, sling it in the back of a van, drop it off at his house, with a note saying "I think this is yours" stuck to the seat.
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