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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25690
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We are a storage yard. A customer has left a car on our site

Resolved Question:

We are a storage yard. A customer has left a car on our site and it no longer paying any storage fees. Also we do not have the details of the registered keeper.
How do we legally remove this vehicle from our site?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask how far in arrears they are with the car please?Do you have any last known address for the customer?Are there any terms in your terms and conditions dealing with possessions left on your property?
Customer: replied 2 years ago.

There are four months arrears in storage fees.

We have a last known address which we've contacted although we are aware that the customer is now abroad.

When we are not paid under our terms and condition we contact the customer via recorded delivery and notify them that we are disposing of the goods and deducting any proceeds from the outstanding storage fees.

This is the first time we had a problem with a car being stored as we don't normally store cars

Regards

***** *****

Expert:  Joshua replied 2 years ago.
Thank you. The position is dealt with under a piece of legislation called The Torts (Interference With Goods) Act which provides that you are responsible for any goods and possessions left at your premises under an agreement and must give notice to the owner before removing or disposing of them. If no money is owed to you then the Act requires you to serve 28 days notice upon the person at his last known address (it doesn't matter that he is no longer there providing it is the last known address you have) of your intention to sell the vehicle if it has value or dispose of it if it does not. If money is owed to you then the Act requires that three months notice is given. If you have already given notice to him then this is satisfactory but the notice must specifically state that he ust collect the vehicle or you will sell or dispose of it and give the minimum above notice which in this case would be three months as money is owed to you. Accordingly, if you have not served a complaint notice as above to his last known address you may consider writing to the customer again advising that you are serving them with 3 months notice under the Torts (Interference with Goods) Act that unless the car is removed from your property by [date] and your invoice together with storage fees referred to in your terms is paid you will dispose of or sell the car. It does not need to be sent recorded but proof of posting should be retained and a signed copy of the notice on your file. If the date passes and he has still not collected and/or paid then you can sel or dispose of the car and retain proceeds in order to cover his bill. If there is any money left over he can claim this for up to 6 years so ensure it is either kept in a separate account or allowed for so it can be paid if claimed. Also retain a record of the amount sold for and the amount invoiced so that if there is a future dispute you can justiy any amount you claim against the costs he owes. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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