So, in short, they have asked you to pay £120 for storage?
For 24 hours storage plus costs I suppose?
Never taken any notice of the CAB. They have no idea.
What have you paid for the 29 days?
Is there any reason you think you shouldn't have to pay ?
Sorry if I am missing the point but he has stored your bike for nearly a month.
Well, that is a different issue.
He is entitled to be paid the value of the storage and £100 plus VAT seems pretty low actually.
The insurance is a separate issue entirely.
In fairness, with any commercial contract there is a presumption that money will be paid. The specific sum might not be agreed in advance but it isn't safe to presume from that that it will be free.
He may not sue. It isn't particularly cost effective although neither is instructing a solicitor to write to you. it depends how strongly he feels about this.
if he does sue then he will win something for storage costs.
Ok. Good luck with this.
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?
Please don’t forget to rate the service positively. If you don’t, I don’t get paid!
We can still exchange emails.
Thank you. The reason he wanted the named rider on the policy was to allow it to be moved while insured. That makes sense.
It can be insured on a as you are aware, and I have done it many times, but it should not be more expensive. It does indeed only last 28 days.
At that stage however you were at liberty not to take up the storage if the cost was going to be disproportionate.
With regard to the actual cost of the storage itself, then under the Consumer Rights Act, then the cost must be reasonable and hundred pounds for a month in the garage, not a lock-up, is reasonable in the eyes of the court. I accept that no fixed sum was agreed but that’s not relevant. The cost has to be reasonable and therefore your only argument over whether £100 for a month storage in a motorcycle workshop is reasonable or not. It isn’t a lock-up, it’s a business and that floor space is at a premium.
It would be different if he had said that he was going to store it for nothing. What you have been told is correct, the burden of proof is on him to prove that there was an agreement and in my opinion, he would succeed in doing that.
The decision as to whether you pay it or not to let the court decide is entirely up to you. My colleague and I are both of the opinion that if you go to court, the court will find that there was an agreement between you and that you will have to pay. If you have been told the opposite, then don’t pay anything and let the judge decide.