When the Torts Act may be relevant
Section 12 of the Torts (Interference with Goods) Act 1977 concerns a bailee's power of sale in relation to uncollected goods. The statutory procedure applies only where the facts bring the goods within that bailment framework and the conditions in section 12 and Schedule 1 are satisfied.
A vehicle simply being present on commercial land should therefore not be treated as automatically giving the land controller a statutory power of sale under the Act.
Notice requiring collection
Where Part I of Schedule 1 applies, a written notice can be used to impose an obligation on the bailor to take delivery of the goods. The notice must identify the bailee, give sufficient particulars of the goods and where they are held, and state that the goods are ready for delivery or will be ready when the bailment ends.
Notice of intention to sell
Where section 12(3) and Part II of Schedule 1 apply, a notice of intention to sell must identify the bailee, sufficiently identify the goods and where they are held, and specify the date on or after which sale is proposed.
The period must give the bailor a reasonable opportunity to take delivery. If an amount is already payable by the bailor to the bailee in respect of the goods before the notice is given, the statutory period is not less than three months. A notice of intention to sell under Schedule 1 Part II must be sent by registered post or recorded delivery.
If the owner cannot be traced
Section 12 also contemplates cases where the bailee has taken reasonable steps to trace or communicate with the bailor but has been unable to do so. The Act additionally requires the bailee to be reasonably satisfied that the bailor owns the goods before relying on the statutory power of sale.
Removal and sale are different legal questions
A Torts Act notice should not be presented as an automatic towing authority. Section 54 of the Protection of Freedoms Act 2012 makes it an offence, without lawful authority, to immobilise a motor vehicle or to move or restrict its movement with the relevant intention. For that reason, we review the legal basis for removal separately from any later question of storage or sale.
Our approach
- Confirm who controls the commercial land and obtain the available site history.
- Record the vehicle, location and condition with photographs.
- Consider whether ownership or keeper enquiries are appropriate.
- Assess whether a bailment / Torts Act route is actually applicable rather than assuming that it is.
- Use the relevant notice procedure where the facts and legal basis support it.
- Arrange removal only once there is a lawful basis to do so.
- Do not arrange sale or disposal merely because a windscreen notice has expired.
Abandoned Vehicle Services is provided by Executive UK Group Ltd.