Fine / Invoice from Private Firm for Vehicle Recovery

JC2025

Mildly_Miffed said:

On what grounds did you think you'd get a free pass from the consequences of others having to clear up after your mess?

I've been pointedly ignoring your condescending remarks up to now in order to maintain a constructive conversation, but please be aware that I am not here to be your whipping post. I understand how satisfying it can be to judge and look down on strangers on the internet, but this is a forum for motoring advice, not a Facebook page. I would appreciate if you could please remain on topic.

Okell said:

@JC2025 -  although this isn't technically a parking issue I'd suggest that you ought to be posting this thread on the parking ticket board as I suspect the legal issues are very similar.  If I were you i'd ask the the site team to move it to the parking board before they go off for the weekend.

You could also try the private parking board over at FTLA:  Private parking tickets  (Read the "READ THIS FIRST" sticky.)   

IANAL but I would think that whether or not these charges are legally enforceable will depend on the parking T&Cs that you originally signed up to with Premier Marinas(?) and whether or not you are in breach of them.  Are you saying you no longer know what those T&Cs were?

Assuming the charges are legally enforceable, then I'm pretty certain that Hobbs will continue to pursue you for any outstanding balance even if you tell them to dispose of the bike as scrap or whatever, so that won't necessarily get you off the hook.  (BTW I'm not saying that the charges are or are not enforceable - I simply don't know the answer to that)

Thank you for the suggestion. This sounds much like how I was reading it (although as I've professed, I have zero experience here). If the charges are enforceable then I'll have to pay them, that was never in question. But as they seem pretty disproportionate, I wasn't sure on the legality.

The full extent of the Ts & Cs for parking there is contained within the few short paragraphs on the website Miffed linked. Although they also aren't correct as stated- permits are not required for two wheelers, parking is not limited to 72 hours (vehicles are covered and kept for months, including staff vehicles) etc. There was nothing to sign onto, although I'm led to believe that parking in an area with signage implies compliance with said signage either way.

Apologies for what may be a stupid question, but how would I go about asking the site team to move this?

JC2025

Herzlos said:

I think you're on the hook for some costs, but I'd argue that £195 to recover a motorbike is steep, and £39.50/day is robbery. It's taking up virtually no space abandoned in a yard.

You can get caravan storage in Sussex for £11/week, so I'd argue that their actual costs are in the region of £1/day.

I'd argue that you aren't being invoiced for a service, because you didn't agree to a service and signed no contract with anyone. So I'd contact them and tell them to scrap the bike to stop the fees accumulating and offer to pay them £100 + £1/day as reasonable compensation for their losses. If they want more than that, they can justify it in court which will invariably cost them more than they get.

This was pretty much what I was thinking. I understand having to pay some costs, but approx. £500 for recovery and being a week late on receiving the letter seems frankly absurd.

Okell

JC2025 said:

... Apologies for what may be a stupid question, but how would I go about asking the site team to move this?

I'll ask them to move it although it might not happen now until Monday.

JC2025

Okell said:

I'll ask them to move it although it might not happen now until Monday.

Thank you, that would be much appreciated.

Nobbie1967

I think they are chancing their arm with this demand. They have taken it apon themselves to remove your property without asking you first or giving you the opportunity to remove it yourself and then charging you for this un-requested service. If they had told you ahead of time what would happen if you failed to collect your goods they could point to an implied contract, but as it is there is no legal basis for the charges unless there was something in the original T&Cs from the Marina.

I’d get in touch ASAP and tell them they have your authority to dispose of the goods. If they persist with demands for payments, then ask them for the contractual basis of their demand and these were services that you never requested.

They know they could be in trouble if they disposed of the bike without your authority as you may later claim it’s a lost classic and worth thousands, so I suspect they’ll be happy just to get acknowledgment from you to dispose of it.

JC2025

Thanks all, sounds like the most important thing was to give permission to dispose of the vehicle ASAP and prevent further storage charges. As for the rest, I'm waiting for their response and will see what they come back with.

Coupon-mad

JC2025 said:

Thanks all, sounds like the most important thing was to give permission to dispose of the vehicle ASAP and prevent further storage charges. As for the rest, I'm waiting for their response and will see what they come back with.

Your thread is now on the parking board.

I think the best advice so far came from @Herzlos and @Nobbie1967 and from those who suggested you check the terms of your lease to see if Savills can do this, at this exorbitant cost.

I doubt it but do agree that you should offer a reasonable sum for removal because this is effectively fly-tipping. A real nuisance.