How to legally remove a vehicle belonging to a deceased lodger?

How to legally remove a vehicle belonging to a deceased lodger?

0:03 AM, 29th March 2023, About A year ago 31

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Hello, a licenced lodger passed away in January 2023 and left damage which I had to completely replace and his car is in the allocated parking space. He was separated from his wife since 2019 and she is now the executor of his estate. She has cleared the flat of his belongs.

Four weeks ago, in a text, I requested that she arrange for the vehicle to be removed and that she could arrange for a recovery vehicle to take the car to an MOT garage etc. She replied the vehicle is now SORNED (Statutory Off Road Notification) and she is awaiting the arrival of Registered Keeper documents from the DVLA.

Is there any way I can simply and legally remove the vehicle onto the street or have it hauled away?

Thank you,

Amina


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Comments

David Houghton

10:21 AM, 29th March 2023, About A year ago

You could send her 7 days notice of the intent to remove and dispose of it. See Southampton council website

Michael Mathews

10:39 AM, 29th March 2023, About A year ago

You could contact the DVLA and re-register the keepership into your name (form V62). Remember the Log Book is not proof of ownership, just who keeps the car (only a receipt acts as proof of ownership)
You could then get a scrap yard to come and tow it away, showing them the log book (that they believe is Proof of Ownership, despite that the log book having emblazed across its front page that it is not).
or
If it is not already parked on the street, you could simply move it to a nicely parked position on the street, report it to your council as a potentially abandoned car. They will slap a sticker on it, giving the owner 7 days to claim it, or they will tow it to the pound and may eventually scrap or sell it if nobody clams it
The Council will not remove it if it is on your land
Most scrap merchants will not take it, even for free, without a log book in your name that they can check against your ID

A neighbour emigrated and left her car & keys behind with my assistant. She thought the finance company would come and want to take it, as she was not going to pay the debt. When we phoned the finance company, they said they were not interested in the car. Sop we used the V62 to transfer the keepership into her name and she remained the keeper for several more happy years of the car, driving it around as if the previous owner had gifted it to get, by giving her the keys

Lucky her!

Crossed_Swords

11:44 AM, 29th March 2023, About A year ago

Actually the council will remove it if it is abandoned.

amarni

13:11 PM, 29th March 2023, About A year ago

Reply to the comment left by Michael Mathews at 29/03/2023 - 10:391) Now that sounds like a good idea.
2) Of course there is always more to an incident and I expected him to be moving to Saudi any day - according to him. A non alcoholic drinking state.
3) She is trying to avoid me and on the day.
4) I heard from the police she was to attend the coroner's office I contacted her to discuss our meeting up to go through the damage costs he had left - (resulting in removal of bed, mattress, carpet, underlay, lamps, walls, floors, loo, blinds, windows, doors, corridors - everywhere he left his unmistakable mark - laundering sofa, cleaning up all matter of bodily fluids agan and again and again .... with proprietary solutions, rather than pay out the £1000.00 plus VAT quoted before redecorating to be as new), she sneaked in to the car part to remove the vehicle, giving me one call minutes before which on my return remained unanswered. Unfortunately, I saw her and went down to meet her. She was not able to get into the boot of the car and only had a basic car key for the older mercedes and the battery is empty. And then left. So no proper meeting took place between us.
When removing his personal belongings I had written out a list detailing the approximate sum of the damage he caused and which we both signed but with no caveat of responsibility. He had been on an alcoholic odyssey over the New Year, in spite of having AA groups, mentors etc etc at 2 churches yards away - I saw his card.
He told me during an earlier conversation he had money in funds - presumably from the sale of their previous home - which had done very well. She has told me she does not know yet. In the meanwhile she froze his account and the mobile broadband is not being paid from by direct debit. This was over 4 weeks ago. I did have a lodger/ licence/agreement with him, but am not confident a money claim will get me the recompense and accept the loss but instead move on with reletting the flat asap, I have 3 interested parties.
I had no insurance for contents because the flat had been vacant until he came and I was awaiting the freeholder to carry out a roof repair since 2019 which was completed mid-December 2022!
His separated wife has a good job with a well known utility company, no children and no doubt is determined to recoup the losses suffered during their marriage. One thing is certain, we both signed my claim list whereupon she changed her name back into her married name and instead of paying me something and move on is keeping a quiet under the radar stance.
Can I still apply using the form. How long do these matters take on average? I do now of a scrap dealer. The vehicle has not MOT and the personalised number plate comes up with a different vehicle and keeper.
She has told me she will contact me when she has some news to give me.
The car is too heavy to get some men to simply remove without using a vehicle recovery vehicle and then tell her to collect.
Can I change the keeper online when I do not have the documents only the number Plate?
I do not have keys

DPT

14:00 PM, 29th March 2023, About A year ago

Did the wife say she would take it away when the documents arrive? I understand your desire to recover your parking space, but it sounds like the wife is dealing with the issue.

You can't just dump it on the road as it would at the very least be a breach of the Interference with Goods Act and possibly a road traffic violation.

SCP

14:05 PM, 29th March 2023, About A year ago

Were you living in the same flat with him and sharing the kitchen?
I note you say he was a lodger.

amarni

14:08 PM, 29th March 2023, About A year ago

With the V62 Could I sell the vehicle on? Parkers value approx £1600.00

REB

14:11 PM, 29th March 2023, About A year ago

I think you shodul go back to square 1.

You say the ex wife is the executor. Have you seen a grant of Probate or Letters of Administration?

This may not be needed if the estate is small, but if she is divorced she has no automatic rights.

In any event if she is administering the estate and the estate has any funds she is obliged to settle any debts before any funds can be administered. If she distributes funds without settling debts due by the estate she becomes personally liable for the debts.

If the vehicle has incorrect number plates (i.e. the plates on it do not show as that vehicle) you need to be careful. Furthermore, how do you know the correct vehicle is SORN? Are you sure the vehicle is not stolen?
If you start to get reg docs in your name you could become implicated.

amarni

14:43 PM, 29th March 2023, About A year ago

Reply to the comment left by REB at 29/03/2023 - 14:11No I have not seen any documents. They are not divorced but she appears to be the person in charge of the funeral arrangements and according to her. Her home address since the sale of the marital home in 2019 has been used for him and subsequently other addresses. The vehicles were reg 2013 with both owning a him and her mercedes (Her reg number plate is also a 2013.
I have just been given the news that the funeral took place last week with family and friends. It appears the separation was based on a 2-years timeline.
I do feel like sending the pictures I have of the damage and gore in the flat and of him through to the family, but of course, I will control myself.

amarni

14:46 PM, 29th March 2023, About A year ago

Reply to the comment left by REB at 29/03/2023 - 14:11
NO, I do not believe the vehicle was stolen, but due to his alcoholism he lost his Driving Licence and the vehicle placed somewhere before my time.

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