Notice of Sale: Vehicle Repairs etc

Notice of Proposed Sale: Vehicle Repairs etc

BUS.CMTC.06

This Notice of Proposed Sale: Vehicle Repairs etc is designed to be used when any car, truck, van, minibus, caravan, campervan, trailer, motorcycle, bicycle, boat, or other type of vehicle is brought to you to carry out any work (e.g. repair, servicing, maintenance, restoration, modification, valeting) but where, after you have carried out the work, the customer fails to collect the vehicle or to give any instructions to you as to re-delivery of the vehicle to the customer. He may or may not have paid your charges for the work.

In those circumstances, even if you send any reminder(s) to your customer or you are unable to trace him, if he fails to get in touch and collect/arrange delivery of the vehicle, the law does not permit you to assume that he has abandoned the vehicle. You may not sell or otherwise dispose of it, and you have a legal duty not to deliberately or recklessly damage or destroy it.

You will not wish to be burdened with keeping the vehicle indefinitely, especially if it takes up valuable storage space. Fortunately, to enable you resolve this situation, the Torts (Interference with Goods Act 1977 (“TIGA”) provides a special procedure whereby if you send notices pursuant to Section 12 of TIGA to your customer, TIGA gives you a right to sell the vehicle. You first have to send the customer the Notice to Customer to Collect Vehicle: Repairs (which you can also find in this subfolder) which imposes an obligation to collect the vehicle, and if he fails to do so, you then send him this Notice of Proposed Sale: Vehicle Repairs etc to inform him that you propose to sell the vehicle if he does not collect it. If he then fails to collect the vehicle, you may then sell the vehicle, subject to the relevant provisions of TIGA.

However, we strongly recommend that before you make any use of the Notice to Customer to Collect Vehicle: Repairs or this Notice of Proposed Sale: Vehicle Repairs etc, you carefully read the Guidance Note: TIGA (Torts (Interference with Goods) Act 1977 which explains in detail the circumstances in which you can make use of the power of sale given by TIGA, and how to make use of that power. It explains when and how you can issue notices to the customer and when and how you can subsequently sell/dispose of his uncollected vehicle.

Further template notices in this subfolder have been included to cover other situations where a business wishes to sell/dispose of customer’s goods which have not been collected by a customer. Those other situations are where a business has provided either (a) vehicle parking facilities; or (b) goods storage services; or (c) valuation or appraisal of goods; or (d) repair, servicing, cleaning etc of goods.

Where a tenant has left any of his goods at premises after his lease/tenancy agreement has expired, and the landlord wishes to sell or dispose of those goods, see the equivalent forms of notice in our Property folder.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

This Notice of Proposed Sale: Vehicle Repairs etc is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Once you have purchased access to the appropriate document folder click on the “Download Document” link below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

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