I have a problem and would like some advice
Several years ago an English friend left his broken down car on our property, which is registered in his name on English plates, it does not have a cart gris or insurance on it. as far as i know. it was agreed this was for a short period only. 6 years later it is still here.
This person then went on and stripped any usable parts from it leaving it a total wreck with no wheels
I asked him to remove it by way of a recorded letter as per the instructions by the notaire.
This was ignored I am now considering paying for it to be taken back to his property and dumped in an inlet to his double gates which is off road, this would in effect mean he will not be able to get his car in or out of his drive, I feel if I open the gates and put it on his property this could be considered trespassing.
Anyone know the legalities of what I intend to do and or anyone capable of doing it. If you know anyone who can help please contact me with a price and any legal implications that may arise.
I am more than happy to hold my hands up if things go wrong.
Hi,
A lot changed about 4 years ago… lol , I no longer speak to this person for reasons it would not be wise to talk about here.
Yes, the notiare told me to give a deadline for collecting it which passed, I think he knows me being a woman on my own there is not a lot I can do.
I am near Castelnau Magnoac in dept. 65 and the owner of the car lives around 5km away.
My thoughts are I may need to advise him of its return and request a day to drop it off.
Ask the mairie what you can do. I wouldn’t advise dumping it in front of his gates - I suspect it would mean trouble for you. If you live in the same commune and make a big fuss, they MIGHT deal with it and bill him.
If you live in different communes it will may well be considered a private matter between two foreigners and French admin probably won’t feel concerned.
Can see nowhere to check if export marker and I would be incredibly surprised if it was marked as exported, dont forget I know this guy quite well. Hopefully, our Maire who says he is going to contact the police gets some help for me. The reg no is L386HDV, maybe someone else can dig up some info.
May at the end of the day have to take the law into my own hands.
Monica, have you thought of maybe contacting him again, pointing out his vehicle is illegal in both France & UK and he has to remove it or you will, sadly of course ;), have to report the vehicle to the authorities involved? Might just get him to actually do something positive!
The police were made aware of it two years ago when I was told by the notaire that I had to send him a letter with avis reception requesting he remove it. He ignored this.
I have a friend who is close friends with our maire and he is going to see what he can do, starting with talking to the police. My next move is to talk to his maire and tell him I intend to dump it in front of his gates. However, I do not want to get into trouble for doing so.
I know that in the U.K there is an overall place one can report abandoned vehicles can not seem to find an equivalent here.
Bearing in mind the length of time which has passed since the owner was given a deadline to remove it, and given his conduct in removing any useable parts and the timespan since he last did so, I would venture to suggest that the owner has clearly abandoned all of his previous rights and interest in that which remains of said item of property.
So I think I would get my angle grinder out, cut it into more easily transportable pieces, and deliver it piece by piece into the metal bin at the dechetterie.
If I felt really considerate, I might send a final letter of warning by Lettre Recommandee avec Avis de Reception stating that if the person has not removed the vehicle by 28 days from postmark, then it would be taken to be a confirmation of abandonment of all previous interest in, or rights of ownership over said item, and that I would then feel free to take whatever measures I wished in respect of it.
Cutting it into pieces might take a while but it would be a very satisfying thing to do I reckon.
I have a feeling (although I am no expert in this matter) that he can be prosecuted by the DVLA in the UK for keeping an untaxed vehicle. It is now the law here that a vehicle has to either be taxed or declared SORN (Statutory Off Road Notice) - one or the other. As he has done neither - for quite some time - or declared it exported or scrapped, then he can be prosecuted for the back-tax owed.
As I said - I am no expert and I may have got my wires crossed but this might shine a light :
Using or keeping an untaxed vehicle without a SORN.
Out of Court Settlement (OCS) letter issued. OCS set at ÂŁ30 plus one and a half times the outstanding vehicle tax rate. If settlement is not paid, as a criminal offence the case may be pursued via the Magistrates Court. Penalty is the greater of ÂŁ1,000 or five times the amount of tax chargeable.
