ex left car and refuses to move it?
Discussion
genuine asking for a friend at work.
together a while, have child. she buys big house, double garage etc. separate, all ok more or less. she keeps big house that was hers, he's on and off shore. plenty of brass but smaller house.
hes got a classic (wreck) in the double garage and she says leave it there a while till u get sorted.
fast forward 2 years, new partner for her etc and wants the car gone. gave him plenty of notice over text etc, he keeps saying he'll sort it next week etc. she even found a cat storage space at £180 s mnth but he said to dear. she's getting sick of it so said she'll push it onto the street and the police can take it to a compound for no tax, half in jest.
he's said you can't do that as she'd be liable? cars v5 is at his mums address. but either way she wldnt do that. so she said please just move it.
his reply is your not allowed to touch it and if you want me to move it you need to get a civil court order to make me?
so thats the question please. is that actually a thing? ta
together a while, have child. she buys big house, double garage etc. separate, all ok more or less. she keeps big house that was hers, he's on and off shore. plenty of brass but smaller house.
hes got a classic (wreck) in the double garage and she says leave it there a while till u get sorted.
fast forward 2 years, new partner for her etc and wants the car gone. gave him plenty of notice over text etc, he keeps saying he'll sort it next week etc. she even found a cat storage space at £180 s mnth but he said to dear. she's getting sick of it so said she'll push it onto the street and the police can take it to a compound for no tax, half in jest.
he's said you can't do that as she'd be liable? cars v5 is at his mums address. but either way she wldnt do that. so she said please just move it.
his reply is your not allowed to touch it and if you want me to move it you need to get a civil court order to make me?
so thats the question please. is that actually a thing? ta
InitialDave said:
I'd have it dropped off there by a flatbed.
Yup, stick it on the drive.There's a specific offence of "borrowing cars without permission" as opposed to "stealing" them. It's called "taking and driving away". What it says is,
"A person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another's use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it."
I can't see that "moving" the car would amount to "taking and driving away",
1. It wouldn't be taken for "use", and
2. It wouldn't be driven or ridden in.
Looks like a slam dunk to me.
Panamax said:
Yup, stick it on the drive.
There's a specific offence of "borrowing cars without permission" as opposed to "stealing" them. It's called "taking and driving away". What it says is,
"A person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it."
I can't see that "moving" the car would amount to "taking and driving away",
1. It wouldn't be taken for "use", and
2. It wouldn't be driven or ridden in.
Looks like a slam dunk to me.
Especially if you deliver it to the registered keeper's address as recorded on the V5C.There's a specific offence of "borrowing cars without permission" as opposed to "stealing" them. It's called "taking and driving away". What it says is,
"A person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it."
I can't see that "moving" the car would amount to "taking and driving away",
1. It wouldn't be taken for "use", and
2. It wouldn't be driven or ridden in.
Looks like a slam dunk to me.
The property owner is not obliged to offer storage forever. Paid or unpaid.
Taking money for storage may just muddy the water.
It would be reasonable to give reasonable notice to the owner to remove it.
The law can be quite variable in its interpretation, more so in the absense of any formal agreement before things come apart.
It's a matter which causes stress to sailing clubs every year. Former members don't pay their subs to rejoin, and leave their boats on the premises.
Decent lawyers have written model rules for clubs which allow a process of giving notice to the last known address, then selling the abandoned property.
You can spot these things on ebay.
I would suggest giving fair notice to remove the car, with a reasonable period to remove it, after which it gets auctioned.
I wouldn't be suggesting spending much money on having it moved.
Taking money for storage may just muddy the water.
It would be reasonable to give reasonable notice to the owner to remove it.
The law can be quite variable in its interpretation, more so in the absense of any formal agreement before things come apart.
It's a matter which causes stress to sailing clubs every year. Former members don't pay their subs to rejoin, and leave their boats on the premises.
Decent lawyers have written model rules for clubs which allow a process of giving notice to the last known address, then selling the abandoned property.
You can spot these things on ebay.
I would suggest giving fair notice to remove the car, with a reasonable period to remove it, after which it gets auctioned.
I wouldn't be suggesting spending much money on having it moved.
Panamax said:
Please explain what "costs" are involved here.
IMO it's much safer to have the car taken away and delivered to the address of the V5 registered keeper.
Perhaps the posters above, who have put a £ figure on the storage rate they'd charge, could answer this one? Obviously there is some kind of amenity value in the loss of use of the garage, but its difficult to put a value on it without further info from the OP.IMO it's much safer to have the car taken away and delivered to the address of the V5 registered keeper.
I've dealt with similar disputes.
In one case, the CPS reckoned the person who places it on the road is liable for the various offences. All sorts of nasty outcomes there. As for removing it from land, there is a right to abate a nuisance, but the CPS gave no judgement on that and my own research shows it's a problematical excuse.
In my cases, explaining what CPS reckoned to the person placing the vehicle on the road tended to ensure it was quickly removed.
In this instance, two years seems a bit excessive. Can't think why the marriage collapsed.
In one case, the CPS reckoned the person who places it on the road is liable for the various offences. All sorts of nasty outcomes there. As for removing it from land, there is a right to abate a nuisance, but the CPS gave no judgement on that and my own research shows it's a problematical excuse.
In my cases, explaining what CPS reckoned to the person placing the vehicle on the road tended to ensure it was quickly removed.
In this instance, two years seems a bit excessive. Can't think why the marriage collapsed.
OutInTheShed said:
The property owner is not obliged to offer storage forever. Paid or unpaid.
Taking money for storage may just muddy the water.
It would be reasonable to give reasonable notice to the owner to remove it.
The law can be quite variable in its interpretation, more so in the absense of any formal agreement before things come apart.
It's a matter which causes stress to sailing clubs every year. Former members don't pay their subs to rejoin, and leave their boats on the premises.
Decent lawyers have written model rules for clubs which allow a process of giving notice to the last known address, then selling the abandoned property.
You can spot these things on ebay.
I would suggest giving fair notice to remove the car, with a reasonable period to remove it, after which it gets auctioned.
I wouldn't be suggesting spending much money on having it moved.
I suspect this is the right approach as she presumably wants the car gone, rather than ending up renting storage space to the ex.Taking money for storage may just muddy the water.
It would be reasonable to give reasonable notice to the owner to remove it.
The law can be quite variable in its interpretation, more so in the absense of any formal agreement before things come apart.
It's a matter which causes stress to sailing clubs every year. Former members don't pay their subs to rejoin, and leave their boats on the premises.
Decent lawyers have written model rules for clubs which allow a process of giving notice to the last known address, then selling the abandoned property.
You can spot these things on ebay.
I would suggest giving fair notice to remove the car, with a reasonable period to remove it, after which it gets auctioned.
I wouldn't be suggesting spending much money on having it moved.
In my opinion, and I'm happy to be wrong, is that leaving a car abandoned on someone's land is the same as dumping an old washing machine. No different.
The lady should tell the car owner that she considers his car to be abandoned rubbish, and he has 30 days (or 60 days, or whatever) to retrieve it or it will be disposed of.
How can that possibly be unreasonable either legally or morally?
The lady should tell the car owner that she considers his car to be abandoned rubbish, and he has 30 days (or 60 days, or whatever) to retrieve it or it will be disposed of.
How can that possibly be unreasonable either legally or morally?
OldGermanHeaps said:
Give him written notice that if it isnt moved in 7 days he will start to get billed £280 a month for storage, and that if the invoices arent paid the car will be sold to cover the storage costs and any excess from the sale will be passed on after admin costs.
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