AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

Q In addition to my haulage business, I operate a

22nd July 1977, Page 51
22nd July 1977
Page 51
Page 51, 22nd July 1977 — Q In addition to my haulage business, I operate a
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

breakdown service. Some months ago, I pulled in a broken down vehicle after an accident; the owner had only third party insurance and the extent of the damage was so great that he is unable to meet the repairs bill. Consequently, the work has not been started and the vehicle is occupying valuable space. Am 1 in a position to dispose of the vehicle since it appears that the owneris no longer interested in it?

AThe point of your question revolves around the length of time the vehicle has been on your premises. Under the Disposal of Uncollected Goods Act 1952, provided you comply with certain formalities, you are able to sell such a vehicle after it has been on your premises for 12 months. However, if it is intended to apply this Act, you should display, conspicuously, at your premises, a notice stating that the vehicle is accepted for repairs subject to the provisions of the Act. And if it is not collected at the end of 12 months, then it will be sold. In this instance, any notice you might put up, now, could not apply to the vehicle in question because the notice was not displayed at the time of the collection.

, If we assume that the vehicle could be repaired and that the customer does not collect it after it has been repaired, he must be sent a written notice stating that it is ready for collection, showing the amount owed for repair, and stating that failure to pay the sum owed and take delivery of the vehicle will result in it being sold in 12 months' time. At the end of the 12 months, the owner must receive a second notice by registered post at least 12 days before the proposed sale referring him to the first notice and stating that, if the bill is not paid and the vehicle not collected within 14 days, it will be sold. The vehicle must be sold by public auction as a separate lot. If it is to be sold privately, the owner must be told of such an intention; he must also be advised of the lowest price at which it will be sold and it cannot be sold below that price.

You will be entitled to deduct from the amount obtained the cost of the work done, a reasonable charge for storing the vehicle and any sales and insurance costs; the balance must then be sent to the owner. In your case, it would seem that you must tolerate this vehicle in your premises for 12 months or else return it to the owner's premises.

Tags


comments powered by Disqus