When can I use a torts notice yet?

[RageSloth]

Used this contract that we both signed and she put parked ehr caravan on my drive after paying £60. The contract states £60 a month unless one of us cancels.

Immediately after I saw the caravan I thought.. I ***** up, the quality is poor and I thought "darn they arent going to pay me are they?!" I thought that this is ok and I can just get it scrapped, but it has no scrap value it turns out.

The contract stated to set up a standing order for the £60, I have not received the second amout and I am as usual in BS excuse land. I stuck a torts notice to the cararavan and sent them a photo showing that it will be scrapped in a week, but im prety sure the proper procedure is to send 2 letters to their address.

contract= https://www.parkonmydrive.com/pdf/pomd-contract.pdf

1. What if they provided me with a fake address? As long as I send the letters and I record it, I can still claim it as abandoned vehicle right?
2. Will the council actually do anything in this situation? There is no numberplate? I cant get it scrapped, it has no value... wtf do I do with it??!?!?!
3. Is there a set amount of time I have to wait for my 2nd payment that will never show up, before I post the torts letter (2 letters spaced 1 week apart I believe?)

Thankyou.. wish I wasnt here again!

[islandgirl]

Council won't do anything as it is on private land sorry. If you move it off onto the highway you are guilty of fly tipping. Same problem farmers have with stuff tipped on their land - they have to pay to remove it.

[RageSloth]

How much is the fly tipping fine for a vehicle I wonder? Am finding contraictory info googling atm
Do you reckon I can immediately send the torts notice after 2 weeks missed payment?

[RageSloth]

Do you know where I can auction it?
Please help, Even £10 is a lot to me atm, im in big trouble and (most) of its not my fault

[RageSloth]

I desperately need every penny I can get, and this driveway not producing rent is an enormous problem atm, Im at high risk of losing my house.
I have much bigger problems to worry about and need this thing gone asap, I want to ****** kill myslf, this is the alst small thing to break my mind. After the 2nd notice, I can just go on gumtree and say free or best offer, right?
Thankyou. xxxx

[islandgirl]

I am so sorry you have financial worries but realistically if you are risk of losing your home £60 a month will not really make a huge difference. You have said the caravan is in poor condition. Noone is likely to buy it without some kind of proof of ownership. May be best to go through the torts process then you may have to pay to dispose of it or somemone may want it for parts. Flytipping fine is more or less unlimited and would depend on your income.

[Huxie]

Just out of curiousity, what was the final outcome with the abandoned van on your driveway?

https://legalbeagles.info/forums/for...fuses-to-do-so

[islandgirl]

Well spotted. The OP must be very unlucky

[RageSloth]

I am so sorry you have financial worries but realistically if you are risk of losing your home £60 a month will not really make a huge difference. You have said the caravan is in poor condition. Noone is likely to buy it without some kind of proof of ownership. May be best to go through the torts process then you may have to pay to dispose of it or somemone may want it for parts. Flytipping fine is more or less unlimited and would depend on your income.

Got it scrapped, guy went to the police, police laughed at him, police noted that I had already contacted them and done evrything I could to make him get rid of it. He later turned up on my door claiming he ahd diamonds in his crappy beaten up van.

[RageSloth]

Big problem, does this mean in the offical recorded letter notice that I have to give him 3 months to collect it from the date I send the letters??

The torts act mentions:

(2)The period between giving of the notice and the date specified in the notice as that on or after which the bailee proposes to exercise the power of sale shall be such as will afford the bailor a reasonable opportunity of taking delivery of the goods.

(3)If any amount is payable in respect of the goods by the bailor to the bailee, and become due before giving of the notice, the said period shall be not less than three months.

[RageSloth]

I dont want to wait for 3 months, can I get out of that somehow? By waiving what I am owed, 3 months?! But there is no way they will pay me! This was not caught by any of you before, I'm glad I did due dilligence and read back through it myself. Or am I misinterpreting it? Please.

[RageSloth]

3 months from when they first owed me money or from when I send the letter?

[atticus]

the latter, usually.

[Huxie]

I dont want to wait for 3 months, can I get out of that somehow? By waiving what I am owed, 3 months?! But there is no way they will pay me! This was not caught by any of you before, I'm glad I did due dilligence and read back through it myself. Or am I misinterpreting it? Please.

The 3 months was clearly indicated in the post by Atticus in your van thread:

https://legalbeagles.info/forums/for...23#post1619323

[islandgirl]

3 months? A reasonable time is what I usually allow...however....

Looking back on the previous thread I see the legislation as posted reads

(2)The period between giving of the notice and the date specified in the notice as that on or after which the bailee proposes to exercise the power of sale shall be such as will afford the bailor a reasonable opportunity of taking delivery of the goods.

(3)If any amount is payable in respect of the goods by the bailor to the bailee, and become due before giving of the notice, the said period shall be not less than three months.

So as I read it (may be wrong) if the person who stored the goods owes the person storing the goods money then the period should be 3 months but if no money is owed it only has to be "reasonable". That makes no sense to me!