Legal ownership of an abandoned car
Discussion
A garage next to the one I use has a car which he did some work on about 5 years ago (MOT and a service i think). This is all on private land
The owner moved but said that he would come and collect the car but never has despite the garage owner constantly reminding him.
Recently I spoke to the garage and now the phone number for the car owner is no longer available and emails are not replied to. He would like it gone
Now I know that I can apply to DVLA to become the registered keeper but can I become the legal owner? Surely the garage cannot be expected to keep the car indefinitely if the owner cannot be traced any longer? If I paid the garage the money they are due for the car and they gave it to me if the owner cannot be traced how (if at all) can I make the car legally mine?
The car as it stands is probably worth £4K/£5K and it will cost about £1500 to recommssion which obviously I don't want pay if the current owner can just appear at any time and reclaim the vehicle.
The owner moved but said that he would come and collect the car but never has despite the garage owner constantly reminding him.
Recently I spoke to the garage and now the phone number for the car owner is no longer available and emails are not replied to. He would like it gone
Now I know that I can apply to DVLA to become the registered keeper but can I become the legal owner? Surely the garage cannot be expected to keep the car indefinitely if the owner cannot be traced any longer? If I paid the garage the money they are due for the car and they gave it to me if the owner cannot be traced how (if at all) can I make the car legally mine?
The car as it stands is probably worth £4K/£5K and it will cost about £1500 to recommssion which obviously I don't want pay if the current owner can just appear at any time and reclaim the vehicle.
Ilovejapcrap said:
Just push it onto the road, job done
It's pretty clear that the OP wants to take ownership of the car, not just to solve the problem for the garage. Pushing it into the road will result in it eventually being towed and probably crushed. If the owner were to re-appear after that had happened, then the OP will also be in a difficult position.I don't think that the lien has to be more than the car is worth. They need to have "made reasonable steps" to get the owner to take it away. I think a rule of thumb in these cases is 6 months, and records kept of reminders etc. This happened to a pal with a service station and they had to wait 6 months for a dumped car to be able to be sold.
A similar thing happened to my Dad - he sold an item and the buyer showed up but couldn't fit it in his car so he had a few bits of it and left. He promised to come back, then disappeared. After a series of emails saying "if I don't hear from you in a month and have it gone then it will be disposed of" it was sold for a second time, about a year later.
A similar thing happened to my Dad - he sold an item and the buyer showed up but couldn't fit it in his car so he had a few bits of it and left. He promised to come back, then disappeared. After a series of emails saying "if I don't hear from you in a month and have it gone then it will be disposed of" it was sold for a second time, about a year later.
Torts (Interference with Goods) Act 1977. NB, the provision set out below does not apply in Scotland.
The garage owner here is the bailee, the owner of the car is the bailor.
12 Bailee’s power of sale.
(1)This section applies to goods in the possession or under the control of a bailee where—
(a) the bailor is in breach of an obligation to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery, or
(b) the bailee could impose such an obligation by giving notice to the bailor, but is unable to trace or communicate with the bailor, or
(c) the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the bailor, but is unable to trace or communicate with the bailor.
(2) In the cases of Part I of Schedule 1 to this Act a bailee may, for the purposes of subsection (1), impose an obligation on the bailor to take delivery of the goods, or as the case may be to give directions as to their delivery, and in those cases the said Part I sets out the method of notification.
(3)If the bailee—
(a) has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or
(b) has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods.
(4) Where subsection (3) applies but the bailor did not in fact own the goods, a sale under this section, or under section 13, shall not give a good title as against the owner, or as against a person claiming under the owner.
(5) A bailee exercising his powers under subsection (3) shall be liable to account to the bailor for the proceeds of sale, less any costs of sale, and—
(a) the account shall be taken on the footing that the bailee should have adopted the best method of sale reasonably available in the circumstances, and
(b) where subsection (3)(a) applies, any sum payable in respect of the goods by the bailor to the bailee which accrued due before the bailee gave notice of intention to sell the goods shall be deductible from the proceeds of sale.
(6) A sale duly made under this section gives a good title to the purchaser as against the bailor.
(7) In this section, section 13, and Schedule 1 to this Act,
(a) “ bailor” and “ bailee” include their respective successors in title, and
(b) references to what is payable, paid or due to the bailee in respect of the goods include references to what would be payable by the bailor to the bailee as a condition of delivery of the goods at the relevant time.
(8) This section, and Schedule 1 to this Act, have effect subject to the terms of the bailment.
(9) This section shall not apply where the goods were bailed before the commencement of this Act.
The garage owner here is the bailee, the owner of the car is the bailor.
12 Bailee’s power of sale.
(1)This section applies to goods in the possession or under the control of a bailee where—
(a) the bailor is in breach of an obligation to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery, or
(b) the bailee could impose such an obligation by giving notice to the bailor, but is unable to trace or communicate with the bailor, or
(c) the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the bailor, but is unable to trace or communicate with the bailor.
(2) In the cases of Part I of Schedule 1 to this Act a bailee may, for the purposes of subsection (1), impose an obligation on the bailor to take delivery of the goods, or as the case may be to give directions as to their delivery, and in those cases the said Part I sets out the method of notification.
(3)If the bailee—
(a) has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or
(b) has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods.
(4) Where subsection (3) applies but the bailor did not in fact own the goods, a sale under this section, or under section 13, shall not give a good title as against the owner, or as against a person claiming under the owner.
(5) A bailee exercising his powers under subsection (3) shall be liable to account to the bailor for the proceeds of sale, less any costs of sale, and—
(a) the account shall be taken on the footing that the bailee should have adopted the best method of sale reasonably available in the circumstances, and
(b) where subsection (3)(a) applies, any sum payable in respect of the goods by the bailor to the bailee which accrued due before the bailee gave notice of intention to sell the goods shall be deductible from the proceeds of sale.
(6) A sale duly made under this section gives a good title to the purchaser as against the bailor.
(7) In this section, section 13, and Schedule 1 to this Act,
(a) “ bailor” and “ bailee” include their respective successors in title, and
(b) references to what is payable, paid or due to the bailee in respect of the goods include references to what would be payable by the bailor to the bailee as a condition of delivery of the goods at the relevant time.
(8) This section, and Schedule 1 to this Act, have effect subject to the terms of the bailment.
(9) This section shall not apply where the goods were bailed before the commencement of this Act.
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