Debtor defence. Dispute over an unfair claim for payment for the forced towing and storage of a vehicle.
Case example: the client had sold an old, non-operational vehicle without formalising a sale-and-purchase agreement, so the vehicle remained registered in the client’s name. Some time later, the client received a demand to pay a significant amount for the forced towing and long-term storage of a vehicle detained by the police (it was established that another identified person had been driving), even though the client had not used the vehicle.
Position and arguments: we pointed out that in cases of forced towing and storage, the owner must be notified promptly so that they can retrieve the property in time and avoid unjustified accumulation of costs. We also emphasised that the obligation to pay cannot be based on a period about which the owner was objectively not informed, and that access to retrieve the vehicle must not be unreasonably restricted.
Outcome: the dispute was settled out of court — the claim for the major part of the amount was withdrawn, and the matter was completed in a practical manner (the vehicle was deregistered and handed over for disposal).
Practical takeaway: when selling a vehicle, it is essential to formalise the sale-and-purchase documents without delay and complete the transfer of registration (submit the relevant information to “Regitra”) — otherwise significant financial and legal risks may arise.
