ok, i have been given a vehicle from a friend who is in prison, i have the v5, mot & keys. the vehicle has been taken & stored by a mate of the THEN owners permision. however, having been to organise collection of said vehicle this chap wants £100. off me before he lets it go. now, i as far as im concerned dont owe a bean for it. is this a case for the police?.
thanks. jon. :-?
I suppose it depends on what arrangements were made between your mate and the bloke who has been storing it. He might say the £100 is his fee for storage ..... :-/ :-/ :-/
this is what i believe, but should he not trace it from my mate in prison, as this was not an arangement made by myself.
The area of law here appears to be bailment.
"The custodian must have physical control with the intent to maintain possession of an item to create a bailment. All involved parties decide on the terms and expectations. The law was created to protect both the bailor and the bailee. So, when items are left in a storage facility beyond the paid period, for example, the law protects the bailee, who can dispose of the items according to the bailment contract. However, if the storage facility owner fails to protect the items, the bailment protects the bailor who can sue for liability. If the facility owner did not have keys, however, a court could rule that the the owner did not have either "physical control" or "intent to posses".
Usually, bailment is an agreement through paid service such as paid storage. That way, the custodian has incentive to protect the goods. Constructive bailment is when laws surrounding abandoned property require the bailee to continue to care for the items. An example might be when a hotel guest checks out, but forgets a suitcase in the hotel room. Gratuitous bailment means there is no payment for the service such as free attended cloak or locker rooms or even borrowing a library book.
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Topic: advice needed, urgent (Read 4842 times)