Jump to content

Recommended Posts

Les, seek legal advice, here is not the place.

Agree completely

No - although it is the same scenario as the spray shop example I cited.

I think we've brought all the elements / options out - so I would imagine it's just for Les to satisfy himself around the legality of them and see what he's comfortable with.

A consensus of opinion is not proper legal advice. If Les seeks legal advice and it turns out to be wrong at least he is able to claim on the solicitors insurance.

Share this post


Link to post
Share on other sites

Simon - I think you misread my post or missed my meaning by : 'it's just for Les to satisfy himself around the legality'

Share this post


Link to post
Share on other sites

Still think recorded letter to dvla to discover owner and then report it to police as lost / abandoned property and if they can't find the owner apply to dvla for ownership and then sell it and be prepared to give the money to the chap minus your costs if he ever turns up. He was going to sell it anyway. 5 years + is well beyond reasonable. Dvla or police should be able to advise as you engage with them. If this was Judge Judy I reckon she would be okay with that.

Share this post


Link to post
Share on other sites

Interestingly Judge Judy is actually just arbitration. Rumour has it that the TV company regularly pay the sums she awards. Slightly off topic there but the Mrs is a bit of a Judge Judy addict :-/

Share this post


Link to post
Share on other sites

The vehicle is on my property with my consent. The original arrangement was that I repaired it (and was paid for that). He said he has a house in France and wants to take it over there as he believed he would get more money for it, and he asked if he could leave it here until such time as he could take it. I agreed - thinking at the time this wouldn't be very long. Last time I saw him was early last year (over a year ago), when he told me he was arranging a recovery to an MOT station. He also asked me if I would do the work should it fail the MOT, to which I said no, as I just wanted it gone. I've spoken to the police, and as there is no crime, then they can't/won't help. I've even e-mailed the local council abandoned vehicles officer, and as it's not on the road, he can't help either. I don't really want to speak to a solicitor, as the cost may not be recoverable. I could keep the vehicle until he pays me (lien), but that kinda defeats the object, and I may well be back to square one. Someone on Facebook located a company that's supposedly owned by his son, so I rang and spoke to a secretary who said she would pass my info on, but over a week now and nothing from there.

Les

Share this post


Link to post
Share on other sites

I took legal advice recently about a contract I had with a business. The client was a property developer who bought from the bank a development that I had started with another developer who then went bust.

My new contract was to undertake certain task and was signed in November 2010. The new developer has taken nearly 5 years to build 20 houses and as a result needed some of the paperwork renewed. I undertook that work and then gave him a bill which he is refusing to pay because the contract stated that this was included.

The contract was very basic and no times were stated in the contract however the solicitor that my governing body provided stated that whilst there is no time stated within the contract it is implied that the work would be completed within a reasonable timescale. His view was because of the developers direct failure to complete the work within the reasonable timescale he directly cause more work for me and as such I was liable for payment.

Share this post


Link to post
Share on other sites

But isn't the point it isn't on your land with your consent ? It was but not any more you have withdrawn the consent but the owner has abandoned their property. Have you contacted the dvla to request the registered owner contact details ? While it's not a crime the car is now more or less lost property. (Well abandoned) The owner is not contactable nor has been in contact. It should be reported to the police in that context. Make the case the owner has abandoned their property and you want to take ownership.

Share this post


Link to post
Share on other sites

He has either abandoned it, or is taking the pee considerably by leaving it for a ridiculous amount of time without checking in, giving you contact details or letting you know his plans.

If it were me, I would list all the means I have used to trace the owner, maybe even list a small ad in the vehicles classified of the local paper advising car will be sold if owner doesn't contact, maybe give it another few weeks then apply to dvla for a v5, assume ownership and sell it.

Land/parking space costs money, and it's very unreasonable to dump the car on you for such a period.

In the circumstances you would not be commiting a criminal offence by assuming ownership, if the owner ever shows and wants to do something about it he would have to take you to civil court and I would find it difficult to believe he would be favoured or he'd be bothered.

And if it did go that far then you just go with your bill for storage at a very reasonable £10 per day.

Share this post


Link to post
Share on other sites

Also we may have a reasonable lead now on the whereabouts of the owner.....

What happened to this?

Share this post


Link to post
Share on other sites

What happened to this?

....... located a company that's supposedly owned by his son, so I rang and spoke to a secretary who said she would pass my info on, but over a week now and nothing from there.

Les

  • Like 1

Share this post


Link to post
Share on other sites

Sent off for the log book. If I get it, then I'll flog it and take the consequences of doing that.

Les

  • Like 1

Share this post


Link to post
Share on other sites

Nice, I think as long as you can demonstrate you attempted contact (some sort of written proof) that's the way to go. Good luck with getting rid.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...

Important Information

We use cookies to ensure you get the best experience. By using our website you agree to our Cookie Policy