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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23783
Experience:  Senior Partner at Berkson Wallace
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My daughters x boyfriend has got a car and van on our

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Hi my daughters x boyfriend has got a car and van on our driveway he has had his own place for two years now and won’t move them I have phoned the police and they told me to phone the council but they cannot do anything I phoned the police back and they have told me to ask you for advice on what my legal rights are I have got the keys and the log books but they are central locking and the battery’s are flat and they are still in his name I dare not get rid of them myself and the police have advised me not to unroll I have spoke with you to see what my legal rights are after two years
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No I have tex him and he keeps saying he is sorting it and he isn’t doing anything I cannot afford a solicitor
JA: Where is the flat located?
Customer: I an in a council house and they are on my drive
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no I’ve only got the tex I have sent him and his reply’s

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

I'm sorry to hear this can I ask why has he refused to take them away?

and how many times have you asked?

Customer: replied 16 days ago.
I have got about four texts on my phone now I have asked in person also there is a lot going on with him and my daughter she is in touch with women’s aid and he is not allowed to see his kids so I think he is doing it to keep a bit of control the van sticks out the drive a bit and we have to walk round it to get off our drive I just want them gone but the police have advised me not to get rid of them myself until I get advise about my rights
Customer: replied 16 days ago.
Could you please tell me how much a phone call will cost as me and my husband are on low wages and can barely live so cannot afford a bill

The telephone call can last up to about half an hour and it costs GBP43 which compares very favourably to high street rates of GBP250 per hour.  However, it’s optional.

We can carry on on here, if you wish.  The police will not be interested.

I have known people in circumstances that you are in, simply get the vehicles moved onto the road and then call the police that these vehicles are not taxed, not tested, not insured, and that the owner should be prosecuted.

You could of course get somebody to take them on a trailer and dump them on his driver outside his house and charging for the cost.

However the correct way of dealing with it is differently.

The correct way is to serve him with a Torts Interference with Goods Act notice in respect of abandoned goods.

You need to tell him what the goods are, where they are, and when he can collect them and tell him that he has 28 days (a reasonable period) expiring on DATE to remove the goods/vehicles after which you will get them removed and disposed of for scrap and you will charge him for the cost of removing them, taking him to court if necessary for that cost.

If you want to serve Torts Interference with Goods Act notice document instead of giving it by hand, then send by recorded delivery and also first class post.  First class post needs to be done at the Royal counter and you need to get proof of posting.  If the recorded delivery letter is signed for, all well and good.  Sometimes they get refused.  If you send it by first class post and you can prove it was posted, somewhat bizarrely, under the Postal Rule, Royal Mail is deemed to be 100% reliable.  Therefore, as long as it wasn’t returned to sender and as long as they cannot prove they didn’t get it (very difficult to prove a negative like that) then they are deemed to have received it.

Here is a little reading:

https://www.shoosmiths.co.uk/insights/articles/disposal-goods-tenancy-terminated-abandoned-property-8270

Although it refers to a tenancy, the situation you are in is no different.

Thank  you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 16 days ago.
I haven’t had any answers yet

I think that this crossed with my reply to you because I sent you a huge reply immediately before this last post.

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