Removing/selling an abandoned vehicle from private property

jacobsdaduk

My father had a customer bring in an accident damaged vehicle for a quote on repairs in December 2010. He called the guy and give him the price – and never saw him again.

He has since sent 3 letters including the last from Solicitors advising him that storage charges are now being applied. Still no response. The vehicle has now been with him for 8 months and is in the way.

The Council won’t remove it as they say they can’t get involved as it is on private land. The police have the same opinion. The car is worth £300-400 as it is.

I have spoken with the DVLA who have said that he can apply for a V5 Registration Certificate if he writes in and pays the £25. The lady I spoke to said it would be fine one he’s got the V5. However, that still doesn’t make him legal owner so what happens if the guy suddenly decides after 10 months that he wants his car back (unlikely, but possible)?

My feeling is that he gets the V5 and then writes to the guy again, enclosing a copy of the receipt of the vehicle and saying he has offset the money he got against the storage charges. He can then prove what he did with a paper trail.

Any advice on this out there?

scheming_gypsy

As far as i'm aware, if you send off for a new V5 when it's in another owners name the DVLA write to the new owner to contest it (or something like that), if they don't get a response they'll issue the new V5.

Personally i'd:
Apply for the V5
Get the V5
Write to the new owner informing that if it isn't collected and fees settled up by x date it'd be sold - and send it special delivery
wait till x date



if the car is only worth a few hundred quid then the owner probably doesn't want the hassle of paying what's owed and then having to have it repaired as well.

shaun_from_Africa

Even if you follow the correct procedure, the owner of the car has the legal right to any money from the sale for up to 6 years, and you must make an effort to get a reasonable price when you sell.

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/keeping_lost_found_and_uncollected_goods.htm#keepinglostfoundandunprotectedgoods

jacobsdaduk

shaun_from_Africa wrote: »

Even if you follow the correct procedure, the owner of the car has the legal right to any money from the sale for up to 6 years, and you must make an effort to get a reasonable price when you sell.

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/keeping_lost_found_and_uncollected_goods.htm#keepinglostfoundandunprotectedgoods

Thanks, although that article doesn't explain what happens when the goods are subject to an outstanding debt. If we wait 6 years the vehicle will be a pile of rust and the storage charges will be almost £22,000.

jacobsdaduk

scheming_gypsy wrote: »

As far as i'm aware, if you send off for a new V5 when it's in another owners name the DVLA write to the new owner to contest it (or something like that), if they don't get a response they'll issue the new V5.

Personally i'd:
Apply for the V5
Get the V5
Write to the new owner informing that if it isn't collected and fees settled up by x date it'd be sold - and send it special delivery
wait till x date



if the car is only worth a few hundred quid then the owner probably doesn't want the hassle of paying what's owed and then having to have it repaired as well.

Great. That's what we thought.

scheming_gypsy

i wouldn't be surprised if he'd already written it off and dumping it at a garage was his easiest way of getting rid.

shaun_from_Africa

jacobsdaduk wrote: »

Thanks, although that article doesn't explain what happens when the goods are subject to an outstanding debt. If we wait 6 years the vehicle will be a pile of rust and the storage charges will be almost £22,000.

You don't have to keep the car for 6 years, simply make sure that the money is available for 6 years should you decide to sell it.

Providing that you follow the procedure shown in the link I gave, you can made a deduction for any costs incurred by you (storage before you sell, advertising costs etc).

brokenant

If you simply want rid of it and no hassle, push it on the public road and then inform the police/council.

neilmcl

brokenant wrote: »

If you simply want rid of it and no hassle, push it on the public road and then inform the police/council.

That's what I'd do. Inform council, DVLA if there's no tax. I wouldn't bother with the police as I'll doubt they'll do much about it.

blacksta

jacobsdaduk wrote: »

Thanks, although that article doesn't explain what happens when the goods are subject to an outstanding debt. If we wait 6 years the vehicle will be a pile of rust and the storage charges will be almost £22,000.

The Law is such an A5 5

George_Michael

If you simply want rid of it and no hassle, push it on the public road and then inform the police/council.

No hassle?
The OP's dad is still legally responsible for the car (unwittingly maybe, but still responsible), and by simply dumping it on the public highway may well find that the authorities decide to take action against them especially as it appears that they have already informed both the police and the council about the unwanted vehicle.

As shown by an earlier poster, even though the car appears to have been abandoned, they still have responsibilities when it comes to disposing of it.