Rejected Car Collection

[Bexx82]

Hi. I hope someone can help...
So, I've had a very long, drawn out issue with a dealership over a faulty car that resulted in me needing to take them to court. In the time it has taken to come to this conclusion, the MOT on the car and tax has ran out, meaning I've had to put it on a friend's driveway. The battery is now also dead and the car cannot be towed by another car as it has an automatic handbrake and the dealership is over 70 miles away. The court has found entirely in my favour, accepted my right to reject and has awarded me the maximum amount, which the defendant must pay within 14 days. My question is: What happens if they refuse to come and get the car off my friend's drive? It's very likely as he has so far ignored me, their own mediation service and didn't bother turning up to court. Is the car now technically theirs? I don't want it stuck there indefinitely, but I'm not sure where I stand and what I can do if they don't remove it.
Thanks

[Pezza54]

Hi
You should write to the dealer stating:
Following the court's decision on ????date that you are legally entitled to reject the car, you expect to receive the refund of £??? by ???? date (14 days from court date)
The car is available for collection. Please contact me to arrange a convenient time to pick it up and I will hand back the keys, V5C etc. You should be aware that the MOT has now expired and the battery is flat

Under CRA it is the dealer's responsibility to pick up a rejected car.
Did the dealer acknowledge service of the claim and file a defence?

[DE DOGS]

I wonder if you should also add a parking charge ?.that will make them get it away,possible you have a car gratis.

[Pezza54]

You stated the dealer has ignored you and the mediation service and did not turn up in court
Is the dealer still trading at the same premises?

[Bexx82]

Hi. Thanks for the replies. He originally responded to the claim (through the court) to state that he disputed the claim as their mechanic found no fault with the car, but then didn't submit any witness statement or evidence to the court. When he received all of my evidence he emailed me all nice and polite looking to settle. I gave him my settlement amount and I don't think he liked that the court fees were included as after saying he needed to discuss it with his mediation team, he never came back to me. He did say at that point though that he didn't intend to dispute the return, only the buy back cost. He has always been intermittent with his replies. I wasn't surprised he didn't turn up as it's a 140 mile round trip and he didn't have a leg to stand on. It's a big dealership with hundreds of cars, so I'd be surprised if they had stopped trading. I will email him as soon as he judgement arrives with your suggestions. The parking charge might be a good plan too! I wonder if he pays, but doesn't collect the car, could I just send the log book off to put it in their name n then move it off the drive (after he has been advised of the intention and has been given time to collect it)?

[des8]

The parking charge won't stand up if he challenges it, as there is no contract for it

[Pezza54]

It seems unlikely that the dealer will pay up but fail to collect the car. So hopefully you won't have to: (if your friend asks you to remove the car)

1 Arrange for transporting the car to a storage unit (or secure compound) for cars and sign a contract and pay for 4 weeks storage
2..Write to the dealer letting him know what you intend to do and the associated costs that you expect to be reimbursed State if the car is not collected in the 4 week period you will then sell the car, deduct all your costs and forward the remaining money
3. If the dealer fails to reimburse your costs after picking up the car, LBA, another court claim. The judge can add your claim to the original award

[theberenger]

It's worth bearing in mind Bexx82 that while the car remains legally registered to you (the V5 is still in your name), you continue to have a duty of care over the vehicle, which I would suggest includes keeping it insured. It may also be worth a call to the DVLA to ask whether they suggest, in your circumstance, the car should be taxed or declared 'off road'.

[Bexx82]

Sorry for the delay, I just had surgery. Thanks so much for the help. I will indeed do as suggested. I learned today that the AA mediation service have now stepped away from them.
And yep, the car is still insured and SORN.

[Pezza54]

Hope you make a fast recovery from surgery. Worrying about your car can't help recouperation.
Is the car still parked on your friend's drive? If it is, is your friend okay with this?