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My garage won't give my car back. What are my rights?

My garage won't give my car back. What are my rights?

Times23-07-2025
Q. What do I do if the repair garage refuses to hand my car back? When I took it to them they said they would need to strip the brakes to give me an estimate for a seized brake. The estimate was more than £1,000 so I asked for the car back. The garage said I had to pay £355 for the cost of the estimate. It has threatened to sell the car if I don't pay. BR, PortsmouthA. The garage does not have title to your vehicle. It remains your property and cannot be sold without your consent. However, the garage could retain your vehicle under a lien — the right to hold property as security for a debt — until payment is made for authorised work.
• Car Clinic: I've seen anti-speed camera covers for number plates. Are they legal?
If the bill remains unpaid, they could attempt to obtain a court judgment or follow procedures under the Torts (Interference with Goods) Act 1977, which would include proper notice and a reasonable attempt to recover the debt. Hence, the legal sale of your vehicle is extremely unlikely.
Unfortunately, they did make it clear that to evaluate the cost of the repair, they would need to conduct a diagnostic check. They indicated that this would involve stripping the brakes. You should have inquired how much this would cost and whether these monies would be deducted from the overall cost of the repair. A fee of £355 for stripping the brakes doesn't sound unreasonable (I am a lawyer, not a mechanic) as this would involve approximately two to three hours work.
• Car Clinic: Can I make a supermarket share CCTV of my car being damaged?
In essence, you now have two choices;
Firstly, try to negotiate a lesser price for the preliminary work as this price was not mutually agreed, and then take the vehicle elsewhere.
Secondly, negotiate a goodwill price for the overall repair. Having had the fault diagnosed, obtain two legitimate quotes from local reputable garages, and if cheaper than the £1,000, use these to attempt to secure a better deal.
• Car Clinic: My notice of intended prosecution was sent to the wrong address. What now?
You are now legally committed to the initial repair cost, and the garage could sue you if it remains outstanding. Therefore, you need to make the best of an unsatisfactory situation. Remember, in future, never authorise work unless a price for every stage is agreed. I suspect that some discount will be available if handled correctly, ie being reasonable, calm and fair. Nick Freeman, motoring lawyer aka Mr Loophole
Post your motoring questions below or send to carclinic@sunday-times.co.uk
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