20 May 2016
Hi
We act for a lot of motor mechanics and we often receive queries about whether or not the stores are able to tow uncollected customer vehicles and deliver to the owner's premises. Would this breach the uncollected goods legislation? It is often the case that these stores have no agreement in place with the customer and it is not worth the hassle of following the process under the Act.
Any input would be appreciated.
Kind regards
Thanks for your question.
A repairer is a bailee. Nothing in the law of bailment prohibits a bailee taking steps to end the bailment. But simply leaving a vehicle at an address, or on the street in front of an address may not end the bailment. The bailment ends when the bailor retakes possession.
A bailee owes a duty of care to the bailor until the bailment is ended. The extent of the duty and what amounts to a failure of that duty depends on the circumstances. There may be circumstances where leaving a vehicle at premises or on the street in front of premises is negligent even if the address was the one provided by the bailor.
The problem is solved if the bailor accepts re-delivery and exercises control over the vehicle.
Consideration might be given to whether the repairer trespasses when re-delivering a vehicle without consent to enter the premises.
Consideration might also be given to whether the repairer breaches any regulation if an unregistered vehicle is left on a public street.
Regards
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