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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
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I need to ask the law on charging storage of a digger that

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I need to ask the law on charging storage of a digger that has been left on my land for the past 15 months after agreeing to do some mechanical work if the owner supplied the parts in wich he faild to do so as of 8 moths ago failed to contact me any further in the past week I have finnaly got hold of him again and made him aware of the storage fees of his property on my land want to ask if I'm alloud to charge him for the storage of this digger
Thank you for your question. My name is ***** ***** I will try to help with this.
Were storage fees agreed?
Customer: replied 3 years ago.
No as of 8 months ago all communication from the owner ceased
No but originally, what was said upon the point?
Customer: replied 3 years ago.
That I would do the work for the use of the digger if he supplied the apropriat parts to fix the digger he failed to do so on every occasion that I contacted him regarding the digger parts leaving me with a digger on my land in the way and when he was asked to remove it 8 months ago he got snotty and aggressive over the removal and stopped correspondences with me over it leaving it on my property to date for over 15 months
Have you been put to any cost in keeping it there? Have you been unable to use the land for something else? If so, what is your financial loss?
Customer: replied 3 years ago.
Its cost me nothing other than an eye sore in the corner of my garden
You would struggle to levy storage charges here. None were agreed in advance and that is your basic problem.
This has been abandoned on your property and he has no right to do that. You do have a claim for the sum of your loss but there has been no financial loss here and that is the cause of the difficulty.
You can sell the item and keep any cost of the sale although any profits are the property of the owner.
You could always write to him and say that if the vehicle is not moved you will charge storage or sell it. You may not get storage charges at court but it is a threat that often causes the offender to move his goods.
You may be able to claim a nominal sum for the loss of space. Its difficult to quantify your loss and, in truth, it would not be worth claiming but its an option for you.
I;m sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 3 years ago.
On the agreement to use the digger on my land as payment can I charge him for the work carried out as I didn't use it and i still repaired it at my cost
You have a claim there for the cost of getting another digger or whatever alternative arrangements you made.
The Court will try to put you in the position you would have been in if the contract had been performed properly.
Customer: replied 3 years ago.
So I am able to charge for the repair
No, but you can charge for the cost of making the alternative arrangements you had to make because the digger didn't work.
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