Notice of Proposed Sale: Vehicle Repairs etc
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
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.