Legal Advice please on saving a car!

[Torsten2001]

One of our customers popped into the office today and after a while he asked me if I fancied rescuing a Ford Prefect, this is the story. The block of council garages that he uses are reclaiming the unpaid ones, notices were put on and eventually the locks were taken off, he passed one with the garage door opened and saw this:

It's been off the road for 2.5 years, solid and in good order and if the owner doesn't claim it soon it will be taken away and possibly crushed. If I don't take it it will either be crushed or vandalised but in effect I'll be stealing it, there's no keys and no steering lock. Where do I stand legally? It has a Ford Side Valve OC badge, anyone know if the owner can be traced that way?

[Father Ted]

Hmm, not sure on that one - obviously if all the relevant notices have been served then the owners of the garages [??Council] are at liberty to dispose of what's left inside. My own lock up had a shed load of Moggie Pick up body parts which the council binned when the lease expired. I would approach the owner of the garage and see if they will sell you the car for a nominal sum.

[Torsten2001]

That's the thing, no idea who the owner is! It has a Ford SV OC badge so I've emailed the chairman, can't see it crushed, I was told a Citroen SM was Hiabed away last year!

[pogweasel]

Hoik it. Leave a note with all your contact details just in case the owner shows. Make sure you make clear that IF they come forward, you will deliver the car back FOC, plus buy them a nice bottle of blue nun etc. In the mean time, get the log-book applied for.

[andrew e]

Put it this way the shite hawks will hiab it if you don't. You know that much Im sure.

[fearthecat]

Contact the council / garage owner as already suggested. ASk them whether stuff left in garages is theirs or still the owner's property.I'd agree with the take it and leave clear contact details and assurance that it'll be returned for free, but council first.Good luck for saving this neglected lil thing

[scrappylad]

Hoik it. Leave a note with all your contact details just in case the owner shows. Make sure you make clear that IF they come forward, you will deliver the car back FOC, plus buy them a nice bottle of blue nun etc. In the mean time, get the log-book applied for.

Do as it says above.Don't waste your time contacting the council or anything else for that matter.I missed out on a Farina in 1992 that was being vandalised & to all effects had been abandoned. I did the whole getting in touch with the council & the police etc, & they were a complete waste of time. They're tied up with red tape so can't give the answers one would like. I lost out on it as it disappeared & never seen since.Edit: Legally it could be construed as theft hence why you have to leave the whole contact details, etc... just so you know where you stand.

[Split_Pin]

Also agree 100% with pog, tow it away, leaving contact details in full.If the owner does come forward you've just done them a favour and saved their car

[fearthecat]

after reading the newest posts i now say sod the council for now and do as those guys say And I'll try and remember to follow such advice when i get the opportunity. Go for it and cover your back too...

[mouseflakes]

A few years back I watched a fairly solid Skoda 110 get slowly smashed to bits in similar circumstances. It had been dumped outside a scrap yard - the yard owner wouldn't touch it (scrap was worth nothing then!!) and told me I'd be breaking the law if I did. Do as Pog suggests if you have somehwere to put it.

[retrogeezer]

I agree with moving it before it gets crushed or damaged. If the owner gave a cr4p it would have be secured by now, if by some chance they are away or something, they will thank you for rescuing it before some chav sets fire to it.

[Guest greenvanman]

Grab it, man. The pikeys won't ask questions and nor should you!

[Guest]

Is it 2.5 years or 25 years?. If its 25 years the owner could be dead anyway if he was an older gentleman-hence non payment on the garage rent. Pogs is the best idea-go with that and get it saved.

[nigel bickle]

Interesting. Agree with Pog completely. Only rider is that I would probably just store it for a few months, till I had the V5 and could prove that I had exhausted all attempts etc to contact owner -thru club etc.Do try DVLA. If you tell them its been parked across your drive (pics to show) they sometimes tell you the registered details (assume you've checked it is registered?). Other times -if they feel there is some doubt -they forward your letter on to their last known address, and confirm that to you.Either way -you're clean. Grab it quick -and good luck

[fotorabia]

i left one of those in the Highlands where i found it back in the 80s..its in Drimnin at the old Manse..on the road to Lochaline..i think its no. plate was HSB833...if u need some plates..?joke...not very good legal advice!

[wrecker]

if you take that its theft simple as. it makes you no different to a pikey that everyone on here hates.a pikey would most probably just weigh it in and make money, you would possible do it up and what ?keep it forever or sell it and make money?

[Pillock]

Get it moved! Put it somewhere safe, don't touch it, and apply for the logbook. The doovla will write to the previous owner, if there's no reply in 6 weeks (or if they reply with a 'do what you want') then it's legally yours.Obviously if you start tonking around in it or strip it preparing for a respray and the police come knocking then you'll look like a criminal. Park it up and leave it until the V5C comes back.One idea could be to send a copy of the letter that you send to Swansea, to yourself. Leave it postmarked in the sealed envelope, and it might help your cause if the police do 'find' it to be able to show you were acting in good faith and doing it all properly.

[retrogeezer]

it makes you no different to a pikey that everyone on here hates

Yeh, apart from the fact that this would be done with good intentions to save a rare vehicle and with every intention of giving it back to the owner should they surface and want it back!

[The Reverend Bluejeans]

I would take it, but leave your details. Write to DVLA explaining that you have it stored FOC. It is not therefore technically theft. Council and the Police are a waste of time, they're not interested. I would collect it and wait 2-3 months before applying for the V5.

[mirafioriman]

I would not just take it. If the council has become the owner, you could then be found guilty of theft from them. Watch your Insurance premiums rise when you tell them you have a criminal record for taking without consent! Saving an old car is an admirable intention, but is it worth getting a criminal record? I don't think so!

[The Main]

Absolutely, definitely, totally, 100% without a question of a doubt take it away and keep it somewhere safe. Before some twonk starts nobbing around with it, or some scum weighs it in.Definitely write to the DVLA explaining the situation to cover yourself (recorded delivery etc) but it's very obvious that the last owner doesn't give a monkeys about the old girl. I bet you'll end up with the V5 in your name and the satisfaction of having saved a rare little classic.I only wish I'd bothered to take similar steps to save other unfortunate motors over the years.

[HillmanImp]

What are the rules of how long you can have possession of something before it becomes yours?If you hand something into the police and nobody claims it within 3 or 6 months you can claim it from them (*apparently* Halifax police once tried doing this with a handgun.....). If the car was to be taken, the V5 applied for, i wonder how long you would have to wait before the previous owner had no claim on it. Remember it has already been in the wilderness so to speak for 2 and a half years. Who is to say you have not been in possession of it for that time too. I say take it, definately. Problem is, if you keep it and do work to put it back on the road you do not want some sod coming along in 5 years time and claiming it back when its now mint. Check the legal status of possession first methinks. Problem is if you do take it, you cant sell it as it is not yours, you cant work on it because someone else might rob it back so its just there gathering dust like it is now. Any solicitors on here?

[Volksy]

Get it moved! Put it somewhere safe, don't touch it, and apply for the logbook. The doovla will write to the previous owner, if there's no reply in 6 weeks (or if they reply with a 'do what you want') then it's legally yours.

Sorry, having your name on the V5 constitutes you as the 'registered keeper' not the legal owner i'm afraid.

[Torsten2001]

Thanks, I'm going to get it picked up this week, I've written to the chairman of the Ford SV owners club and it will be stored for at least 6 months in case the owner wants it back, a note will stuck on the garage door, thanks for all your help everyone and wrecker, thanks for your advice too but unlike "pikeys" I will not race it, I will not break it, I will not weigh it in, and guess what, I will not sell it either and that's because I do not want to and I do not have to, I don't look at cars as cash!

[andrew e]

Good man!

[nigel bickle]

Spot on -good man. Pics please

[bones96]

for it i done the same with a sierra sapphire once left a note with contact details as i was towing it down the road after breaking window to release the old boy who owned it phoned me and said do i want the keys and log book bit of a result lol

[Guest]

Hey any news on this? Was it saved? Wheres the pic's?

[Torsten2001]

Should be sorted in the next few days, to be honest I am very reluctant but as kids were playing in it yesterday something will be done!

[fotorabia]

good on ya mate...