Claiming an abandoned car

Author
Discussion

il-mostro

Original Poster:

182 posts

227 months

Tuesday 24th December 2024
quotequote all
Hello folks.
A garage I use regularly local to me has a BMW sat in their yard which the owner seems to have lost interest in. It’s a BMW Z4 coupe, so quite a rare car.
The car is an MoT failure, nothing major, but when the garage tried to contact the owner, they simply stopped communicating.
The car has been there for about 18 months, sat outside deteriorating and being unloved.
Now I know you can apply for the V5 through the DVLA, they will do due diligence with the registered keeper and as I understand it, if nothing is heard back from the owner, they will issue the V5, but this isn’t ownership as such and if the previous V5 keeper came knocking, you’d not technically be able to claim the car as your own.
Has anyone ever tried/done this, and how did you get on?

All the best,
Mark

Sebring440

2,698 posts

110 months

Tuesday 24th December 2024
quotequote all
il-mostro said:
Hello folks.
A garage I use regularly local to me has a BMW sat in their yard which the owner seems to have lost interest in. It’s a BMW Z4 coupe, so quite a rare car.
The car is an MoT failure, nothing major, but when the garage tried to contact the owner, they simply stopped communicating.
The car has been there for about 18 months, sat outside deteriorating and being unloved.
Now I know you can apply for the V5 through the DVLA, they will do due diligence with the registered keeper and as I understand it, if nothing is heard back from the owner, they will issue the V5, but this isn’t ownership as such and if the previous V5 keeper came knocking, you’d not technically be able to claim the car as your own.
Has anyone ever tried/done this, and how did you get on?

All the best,
Mark
https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

etc, etc.


Pica-Pica

15,151 posts

98 months

Tuesday 24th December 2024
quotequote all
The registered keeper is not necessarily the owner. As far as I know, owning or claiming any asset is no different whether a car or any other physical object.

davek_964

10,068 posts

189 months

Tuesday 24th December 2024
quotequote all
Is it old fashioned to suggest that if you want a Z4 coupe you should buy one?

Chrisgr31

14,036 posts

269 months

Tuesday 24th December 2024
quotequote all
What’s the garage going to say about you claiming it? Shouldn’t they be writing to the owner stating that £x is owed in fees, and if it’s not paid they’ll sell the car etc

il-mostro

Original Poster:

182 posts

227 months

Tuesday 24th December 2024
quotequote all
davek_964 said:
Is it old fashioned to suggest that if you want a Z4 coupe you should buy one?
I do.

Old Merc

3,689 posts

181 months

Tuesday 24th December 2024
quotequote all
Chrisgr31 said:
What’s the garage going to say about you claiming it? Shouldn’t they be writing to the owner stating that £x is owed in fees, and if it’s not paid they’ll sell the car etc
I’m surprised the garage hasn’t done anything already. If it was my business I would have written to the reregistered keeper stating a daily storage charge has been applied. This could trigger the owner saying keep the car, then the garage could sell it to you. ( something like that? )

_Hoppers

1,496 posts

79 months

Tuesday 24th December 2024
quotequote all
This is how Taylor from Auto Alex did it!

https://youtube.com/watch?v=ULTHfZCgTb0&si=ull...

InitialDave

13,127 posts

133 months

Tuesday 24th December 2024
quotequote all
If on good terms with the garage, I would discuss with them, perhaps offer to buy it off them if they close out the chasing of whatever bad debt has left it dumped on them.

I think doing that is the safest thing all round, they cover themselves by doing it by the book, with a backstop of having a definite sale to get shot of it once the situation is resolved.

Art Keller

829 posts

93 months

Wednesday 25th December 2024
quotequote all
HPI it before you do anything

Aretnap

1,844 posts

165 months

Wednesday 25th December 2024
quotequote all
You can't claim ownership as such, however there is a process by which you can give notice to the owner of goods (eg a car) that have been left on your property notice that you intend to sell or dispose of them, and then seek then if he doesn't respond or collect the goods in a reasonable timeframe. If the owner does eventually turn up afterwards he is still entitled to the process of the sale, less any costs you incurred in the process (auction fees, possible storage costs etc).

https://www.rutherfordslegal.com/how-to-dispose-of...

Decky_Q

1,793 posts

191 months

Wednesday 25th December 2024
quotequote all
This is a PITA for alot of mechanics. No they cant sell the car without the owners agreement. If paperwork was signed before the job then it usually has a clause that parts remain property and a Lein is created against the vehicle untill bill is paid etc. This has been almost impossible to enforce in my experience.

Send them another notice to say that storage surcharges will start accruing and if they want to avoid it they can sell the car to you and stick your number on the message, but either way it needs removed.

Drawweight

3,287 posts

130 months

Wednesday 25th December 2024
quotequote all

I got a car like that. A Peugeot 205 from what I remember, not worth a lot.

It had been put into my BiL’s garage for brakes and an MOT. Both were done and the bill paid. Unfortunately it was then left in the yard for a year. The only contact the garage had went directly to answer.

He applied for the V5 and sold the car to me. Yes he/I probably broke a multitude of laws but was he expected to keep the car taking up valuable space indefinitely?

OzzyR1

6,092 posts

246 months

Friday 27th December 2024
quotequote all
il-mostro said:
Hello folks.
A garage I use regularly local to me has a BMW sat in their yard which the owner seems to have lost interest in. It’s a BMW Z4 coupe, so quite a rare car.
The car is an MoT failure, nothing major, but when the garage tried to contact the owner, they simply stopped communicating.
The car has been there for about 18 months, sat outside deteriorating and being unloved.
Now I know you can apply for the V5 through the DVLA, they will do due diligence with the registered keeper and as I understand it, if nothing is heard back from the owner, they will issue the V5, but this isn’t ownership as such and if the previous V5 keeper came knocking, you’d not technically be able to claim the car as your own.
Has anyone ever tried/done this, and how did you get on?

All the best,
Mark
Has the garage contacted the police?

Folks generally only give mechanics a name & mobile number when booking.
If they keeled over & had no immediate family, their mobile would go to voicemail after a few days.

Z4 Coupe even with minor MoT issues is likely a £7K car, must be a reason behind the owner not collecting.

Guessing dead or prison.






SistersofPercy

3,566 posts

180 months

Friday 27th December 2024
quotequote all
I'm sure I've seen this very tale on TikTok this week...

BertBert

20,295 posts

225 months

Friday 27th December 2024
quotequote all
To the OP, it's not yours, you have no claim to it and never will. Very simple.

Oceanrower

1,145 posts

126 months

Saturday 28th December 2024
quotequote all
BertBert said:
To the OP, it's not yours, you have no claim to it and never will. Very simple.
No. But there’s a very good chance the garage can sell it on. This happens all the time with boats. It’s covered under the Torts (Interference with Goods) Act 1977.

E-bmw

10,966 posts

166 months

Saturday 28th December 2024
quotequote all
Oceanrower said:
BertBert said:
To the OP, it's not yours, you have no claim to it and never will. Very simple.
No. But there’s a very good chance the garage can sell it on. This happens all the time with boats. It’s covered under the Torts (Interference with Goods) Act 1977.
AFAIK boats don't have the legal implication of the whole V5 system, so it isn't really the same.

Oceanrower

1,145 posts

126 months

Saturday 28th December 2024
quotequote all
E-bmw said:
Oceanrower said:
BertBert said:
To the OP, it's not yours, you have no claim to it and never will. Very simple.
No. But there’s a very good chance the garage can sell it on. This happens all the time with boats. It’s covered under the Torts (Interference with Goods) Act 1977.
AFAIK boats don't have the legal implication of the whole V5 system, so it isn't really the same.
Well there is the SSR but, as I’m sure you know, the V5 has nothing to do with ownership anyway…

E-bmw

10,966 posts

166 months

Saturday 28th December 2024
quotequote all
Oceanrower said:
E-bmw said:
Oceanrower said:
BertBert said:
To the OP, it's not yours, you have no claim to it and never will. Very simple.
No. But there’s a very good chance the garage can sell it on. This happens all the time with boats. It’s covered under the Torts (Interference with Goods) Act 1977.
AFAIK boats don't have the legal implication of the whole V5 system, so it isn't really the same.
Well there is the SSR but, as I’m sure you know, the V5 has nothing to do with ownership anyway…
I do, which is why I said "V5 system" as in grey areas between ownership/keepership etc.