Workshop floor space is a premium asset. Yet, an operational headache that many business owners will inevitably face at some point is the abandoned vehicle. A car left stranded in a bay or on the forecourt when a customer simply stops answering their phone after receiving a costly repair quote.
According to the latest data from the Society of Motor Manufacturers and Traders (SMMT), the average age of a car on UK roads is now 9.5 years, with over 43% of all cars being more than a decade old.
When these older vehicles suffer catastrophic failures, the resulting “repair-cost-shock” can occasionally lead to customers walking away altogether.
While it may not be an everyday occurrence for every workshop, when it does happen, the impact on your bottom line is immediate.
If you find yourself stuck with a vehicle, you cannot simply apply to the DVLA for a V5C logbook to become the registered keeper.
A V5C is not proof of ownership. Applying for one makes you liable for tax, does not give you the legal right to sell the car, and leaves you open to a court case.
The Torts Act 1977
Under the Torts (Interference with Goods) Act 1977, when a customer leaves their car at your premises, you are considered a “bailee” in possession of someone else’s property. You have a legal duty of care toward that vehicle, even if the owner is ignoring your calls.
To resolve the situation, there are three primary legal routes you can take:
1. Sell the vehicle to settle a debt (The “Torts Notice”)
If you are owed money for diagnostics, repairs and/or storage, you can eventually sell the vehicle to recover your costs, but you must follow a strict statutory process:
Before selling the vehicle…
Before doing anything, run an HPI check. If the vehicle has outstanding finance, the finance company legally owns it. In this case, contact the finance provider. They will often arrange to collect the vehicle.
If you suspect the customer gave a false address, you can submit a V888 form to the DVLA to request the registered keeper’s details for the purpose of recovering a debt.
You must issue a formal Notice of Intention to Dispose of Goods. It is highly recommended to send this via recorded delivery to the customer’s last known address so you have proof of postage.
The notice must clearly state your garage’s name and address, a description of the vehicle (including registration), where it is currently being held, the exact amount currently owed, and the date on or after which you propose to sell or dispose of it.
You must provide a “reasonable” notice period. Depending on the specific circumstances and the size of the debt, legal guidance typically suggests a timeframe ranging from 14 days up to 3 months.
If the vehicle is eventually sold, you can only keep what you are legitimately owed (including the costs of the sale). Any surplus funds must be legally retained for the original owner.
2. Report to local council
If the vehicle has been left on your property for an extended period, has little to no value, and you are willing to forego the debt owed to you simply to get your space back, you can look to your local authority.
Under the Refuse Disposal (Amenity) Act 1978, local councils have the power to remove and destroy abandoned vehicles.
However, be warned: council enthusiasm and resources vary wildly. Many councils will refuse to remove a vehicle from private commercial land, classifying it as a civil dispute, while others may charge a fee to remove it.
3. Take the vehicle owner to court
If the customer actively disputes the bill and leaves the car in protest, you may need to pursue a County Court Judgment (CCJ).
The court can decide what is owed and can subsequently authorise bailiffs to seize and sell the vehicle to settle the debt.
Keep in mind that court fees apply, the process takes time, and a judgment only proves that money is owed. It does not guarantee the customer has the funds to pay it.
Have a process in place
The best way to handle abandoned vehicles is to lay the groundwork before the job even begins. Garage Matters recommends making “Disposal and Storage Terms” a standard, highly visible part of your signed job cards and estimates.
By informing customers upfront in writing that daily storage fees will apply. For example, 48 hours after a completed repair, a declined quote, or a failure to communicate, you create the legal leverage needed to move vehicles faster and cover your costs if the worst happens.
Have you ever had to deal with an abandoned vehicle in your workshop? Share your experiences in the comments below.
