I see that the previous expert has opted out.
I will try to help you. I have read everything said by my colleague and I agree with it.
If there was a verbal agreement that he was to be paid, then a verbal agreement is perfectly enforceable provided the facts are not in dispute.
If however it was agreed that he would store the bike for you for a month and he would charge you, then that is also enforceable and you are not liable to pay.
In the absence of a charge agreed between you, then under the Consumer Rights Act 2015, the charge has to be reasonable and a charge of £100 for storing a £16,000 motorcycle in commercial premises (not just in the lock-up garage) is not unreasonable. The courts found that £85 for overstaying in a car park in the supermarket for example is not a penalty but a reasonable charge! I find that somewhat bizarre.
I think that if you went to court on this you would lose although it will be Small Claims Court and even if he uses solicitors, you would not be liable for those solicitors costs other than a fixed fee of about £50 so it’s likely that the solicitor is a friend of his and has just popped this letter out free of charge.
With regard to the insurance, you haven’t given any details why this happened but it may be that you have a counterclaim for the amount of the insurance. It depends on the circumstances.
Can I clarify anything for you?
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