Impounded vehicles on a private lot

On 09/01/2023 3

In Readers feedback

ZAB

The police asked us to remove three impounded vehicles on a private lot (trustee).

These trustees are aware that the costs are at their expense.

When we sent the invoice: for vehicle pick up + 30 storage days (in fact, stored 35), they refused to pay for 30 days and offered only a 10-day fee.

Can anyone give us the relevant article of law?

Are we in illegality by charging 30 days of storage costs?

Of course, we follow the SI system guidelines

Impound

Comments

  • ZAB

    1 ZAB On 09/01/2023

    Correct, no convention or contract with them.
    In their letter, the trustees told me that I am not supposed to ignore that Law No. 2022-52 of January 24, 2022, provided for in article L325-7 of the Highway Code that; “Vehicles left at the pound shall be deemed abandoned at the expiry of 15 days from the notice date given to the owner(s) to pick up their vehicle.
    The period provided for in the first subparagraph shall be reduced to 10 days in the case of vehicles estimated to have a low market value, taking into account their technical characteristics, the date of first entry into service, and, where appropriate, the reasons for impoundment if they are those mentioned in the second paragraph of Article L.325-1 and in the third paragraph of Article L.325-12, under the conditions fixed by joint order of the Minister
    responsible for road safety and the Minister responsible in the field.
    The vehicles referred to in the preceding paragraph are situated at the expiry of the 10-day
    period, delivered for destruction”.
  • Jérôme — Roy Automobiles

    2 Jérôme — Roy Automobiles On 09/01/2023

    Jean-Pascal gives you the answer because it seems that you do not have a private contract with the trustees, so the public regulation applies. In public law, there is no minimum or maximum in terms of storage.
    Only the dates of abandonment and disposal authorization make the entire storage days. But for me, the trustees had to see the article I quoted and understood that everything was settled in 10 days hence their refusal.
    Just give them the dates to justify your storage.
  • Jean-Pascal Brotons - ADS Noisiel

    3 Jean-Pascal Brotons - ADS Noisiel On 09/01/2023

    The compensation covers the period between impoundment entry and the date when the vehicle can be scrapped. This corresponds to the order date for destruction and availability of the removal order for destruction found on the SI system after the declaration of abandonment.
    To facilitate the editing and control of invoices, the dates of the abandonment report and the destruction order become visible in the impoundment tracking. There is no reference to a maximum or a minimum number of days to be invoiced.
    The trustees can, if you agree, sign a contract with your company and ask you anything that goes through their heads. Even why not ask you to pay them to be able to remove the vehicles? In this specific case, you need a private law contract signed between you and the trustees,
    which stipulates that only 10 storage days will be paid.
    Pending this contract, it is not private law that prevails but public law, so they must refer to the Official Journal (OJ) legal texts.
    Jean-Pascal Brotons - ADS Noisiel

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