Lost Motorcycle? DVLA Fine

[Hudspeth]

Hello! I'm so glad I found this forum. I really need some advice.

Now this may seem strange but my motorcycle has been lost. It was left with a garage and I never collected it as it was going to cost too much to fix. (yeah stupid) I just assumed it was still there.

A few weeks ago I received a speeding ticket for the bike, so I knew at this point that the bike was being driven. I contacted the garage and they refused to speak to me so its clear something dodgey was going down.

Now I tried to report the bike stolen to the police but they say its a dispute with the garage.

The DVLA are threatening fines as it turns out who ever has the bike is now trying to register the bike and I'm going to be fined for not letting DVLA know I had disposed of the bike. The DVLA say I can avoid it by reporting it stolen but I can't do this without a crime reference number, as above the police will not give me a crime reference number as its a so called 'Civil Dispute'

Where do I go?

[des8]

Re: Lost Motorcycle? DVLA Fine

Hi and welcome.

Although others here will probably disagree I believe the police are correct.
The disposal of your Motor cycle is covered under the torts (Interference with Goods )Act 1977.

To obtain redress it might mean court action.

Tell DVLA that you have not sold or disposed of the bike, it is still yours and the person trying to register it has no right to do so. You cannot be held responsible for someone else's actions.

They doubtlessly will continue to harass you, but any costs you meet you claim back from the garage.

[enquirer]

Re: Lost Motorcycle? DVLA Fine

As you owed money to the garage (premiminary examination, storage, general inconvenience), they were within their rights to dispose of the bike in order to recover their costs. At appears that this is what they have done. This is, as the police say, a civil matter.

However, as the bikes paperwork is currently suspect, I would suggest that the use of it may well fall within the remit of the police. That said, any action is extremely unlikely.

The DVLA are correct, you should have notified them. There is no way out of the fine for non-notification. You admit that you abandoned the bike.

Frankly, your best course of action is to pay it and to set the record straight. At least that way you will not be receiving any more speeding tickets.

[des8]

Re: Lost Motorcycle? DVLA Fine

When you left the bike at the garage, did you tell them you would never be coming back for it? or did you just leave it there? In your op you did not say you had abandoned it, but just hadn't collected it. There is a fundamental difference between these two positions.
If you just left it without any comment the garage had no right to dispose of it, without first advising you by recorded delivery (if they sold it)(1977 Act Schedule 1 part II (4).


Regarding notification of a change of keeper, if you did not formally abandon the bike how can you notify the DVLA of a change of keeper as there was no new keeper ? The fact that the new "owner" has no paper work for this bike should be ringing alarm bells with DVLA.

[enquirer]

Re: Lost Motorcycle? DVLA Fine

Just a thought - did the garage have displayed anywhere a 'Terms of Business' poster? This usually states 'Vehicles not collected within ... dispose of ... etc'. If they did, that is usually considered to form part of the contract.

[des8]

Re: Lost Motorcycle? DVLA Fine

Just a thought - did the garage have displayed anywhere a 'Terms of Business' poster? This usually states 'Vehicles not collected within ... dispose of ... etc'. If they did, that is usually considered to form part of the contract.

but only if it is drawn to the customer's attention or displayed so prominently that the customer must have seen the notice by the time of contracting.(Thornton v Shoe Lane Parking?).

[Hudspeth]

Re: Lost Motorcycle? DVLA Fine

Hey guys, thanks for the replys.

Do we know how much the fine is? They haven't actually said yet, I see figures ranging from £55 to £250.

I've learned that the garage I left the bike at was actually sold, its potentially the new owners / tennants that have sold or disposed of it.

[des8]

Re: Lost Motorcycle? DVLA Fine

It could still be the original garage owner you would have to proceed against.
It would all depend on whether or not when he sold the business, if the sale included the contents, he told the new owners if some of the property (including your bike) belonged to third parties. If he did the new owner would be responsible, if not the previous owner would be responsible.
Your problem will be proving which scenario is correct, as probably each will blame the other. You will not know against whom you can proceed.

Even if you do know it will be a moot point if it will be worthwhile. It will depend on the value of the bike before it was repaired and then after. You will only be entitled to recover it's value before it was repaired, and as you appear to have been prepared just to leave it indefinitely I suspect it may only have had scrap value.
If it had value the assumption would be that you would have taken more care of it.

Regarding the DVLA, can you post up all you have received from them (removing all identifying details).
Obviously you weren't able to advise a change of keeper before being contacted by the DVLA as you didn't know or agree to a change. As it is, you may still be reluctant to let go of the bike, and wish to regain possession.

[enquirer]

Re: Lost Motorcycle? DVLA Fine

but only if it is drawn to the customer's attention or displayed so prominently that the customer must have seen the notice by the time of contracting.(Thornton v Shoe Lane Parking?).

True.

It's usually put slap bang where the customer stands. Garages, dry cleaners, shoe and computer repair shops spring to mind.