Who Has Duty of Care - Garage or Owner

[deantrois]

I am an avid car owner and work as a mechanic at a garage. I have come across an interesting problem.

We recently MOT'd and serviced a car. Phoned the owner to tell them the car was ready for pick up and agreed a time when they would pick it up. The owner didn't arrive then, nor on the next day. Due to a lack of space in the garage, the car was parked in the road. We didn't notice the car wasn't taxed and u've guessed it, a day later the car was clamped then removed to a car impound yard.

The owner says the garage is responsible.., and I'm not sure. The owner was told the car was ready for pick up and didn't turn up to pick up the car as agreed. The car was parked on the road for a couple of days and presumably clamped for 24 hours before being impounded. Whose responsible? The owner for not having the car taxed (for having the MOT done in time to get it taxed before the tax ran out) or the garage for not keeping it on their premises or keeping an eye on it?

[lost in espace]

DVLA holds owner responsible, end of garages problem.

[funkyrobot]

Isn't it the responsibility of the owner to ensure the vehicle is taxed?

I would have thought that the garage couldn't be blamed for this. At least they tried to contact the owner.

[sinizter]

Bit of both. The owner should've been warned that it is going to be parked on the road ... He probably assumed that it would be kept on the premises if it wasn't picked up.

[Jasandjules]

Did the garage notify the owner that the vehicle would be placed on the public highway?

[Gruber]

As far as the DVLA is concerned, it will be the owner's responsibility.

But whether the owner has recourse against the garage is a separate matter and depends on the contract terms agreed (or implied) between the garage and the owner.

[funkyrobot]

Jasandjules said:

Did the garage notify the owner that the vehicle would be placed on the public highway?

That's a good point.

[Riley Blue]

Ultimately it's the owner's responsibility - the garage's 'duty of care' to their customer's property doesn't change that.

[300bhp/ton]

funkyrobot said:

Isn't it the responsibility of the owner to ensure the vehicle is taxed?

I would have thought that the garage couldn't be blamed for this. At least they tried to contact the owner.

Erm it's not a legal requirement to have a vehicle taxed when not parked on the road. The owner left the vehicle off the road. Poor communication on the owners front, but the garage must hold some responsibility if they didn't advice the owner that they were leaving the vehicle on the road.

I mean, what if the vehicle had been stolen or written off or gained a parking ticket while parked there (assuming it was taxed). Would the garage also then try and claim it wasn't their responsibility?

[Gruber]

300bhp/ton said:

I mean, what if the vehicle had been stolen or written off or gained a parking ticket while parked there (assuming it was taxed). Would the garage also then try and claim it wasn't their responsibility?

Again, depends on the terms agreed.

[Ean218]

It could actually be DVLA who are in the wrong once the situation is explained to them.

The owner has an exemption from tax if going to or from a pre-arranged MOT. It could therfore be argued, albeit rather stretching the point, that it was still on its way back to the owner so therefore the clamping and subsequent impounding was incorrect.

[300bhp/ton]

Gruber said:

Again, depends on the terms agreed.

Unless you signed something (Unlikely), then implied is you left your vehicle in their care. So it's their responsibility. If they genuinely informed the owner that the vehicles was being left on the road and the owner ignored it, then it might change it, but would be difficult to prove.

I suspect owner will have to sort out DVLA to get their car back, but then would have a very good case for a prosecution against the garage.

[POORCARDEALER]

Owner of car is obviously not the brightest for failing to inform the garage that the car isnt taxed please dont park it on the road.

[DanDC5]

What's the cost of the release fee? Is it worth paying the fee for the customer and sucking up a bit to them if it was a customer who comes in regularly would it be worth losing them over a few quid and a mis-communication?

[Gruber]

300bhp/ton said:

Unless you signed something (Unlikely), then implied is you left your vehicle in their care. So it's their responsibility.

Is it? Ok. You clearly know more about this particular garage's set up, terms, signs behind the counter, course of dealing with this customer, etc etc than I do.

[S10GTA]

Seems odd that it was clamped so quickly. I didn't realise the DVLA were that hot

[DanDC5]

S10GTA said:

Seems odd that it was clamped so quickly. I didn't realise the DVLA were that hot

The car could've been reported? They're supposed to be pretty quick about things then.

[300bhp/ton]

Gruber said:

300bhp/ton said:

Unless you signed something (Unlikely), then implied is you left your vehicle in their care. So it's their responsibility.

Is it? Ok. You clearly know more about this particular garage's set up, terms, signs behind the counter, course of dealing with this customer, etc etc than I do.

How do you figure that? I've said nothing like it. However most garages I've used/been to in the past don't get you to sign naff all if you leave your motor (maybe this one is different???).

[POORCARDEALER]

DVLA came onto our outdoor pitch and clamped two vehicles..........I sued the clampers and the high court bailiff clamped their clamping vans

[falkster]

It's a tricky one! I'm in two minds, if the owner had let his take lapse then this is a result of his stupidity or, as I have done in the past, taken my M3 or 968 to the garage for MOT without tax as it was Sorn and this was a result of that then I'd say the garage are responsible.