Hire Car Not Returned and the Customer Is Not Answering? What to Do, in Order

The car was due back at 10am. It is mid-afternoon, the phone goes to voicemail and your next booking is at the counter. You do not know whether you have a late customer or a hire car not returned. This is the order to work through it. This is general information for England and Wales, not legal advice.

Check the agreement and the clock, then contact the customer

Read your agreement first: the return time, any grace period, any extension request, and the car’s last known position. Police legal guidance says that where hired property is returned late or there is some misunderstanding, this is likely a breach of contract. It also advises basic enquiries first, so your first job is a conversation.

Call, text and email, and log each attempt with the time and wording. That log is our suggestion, not something the guidance requires. The BVRLA code says its members’ booking confirmations should include the period of hire and the return location, so a clear written return time at booking is sensible practice. If you cannot reach the customer, or you are in doubt, take legal advice or contact the police.

Charge the overdue time or agree an extension, in writing

Once you reach the customer, charge overdue time as your agreement says, and keep it proportionate. For consumer customers, the Consumer Rights Act 2015 lists a term requiring a consumer who fails to fulfil their obligations to pay a disproportionately high sum in compensation as one that may be regarded as unfair. CMA guidance says requiring more compensation for a breach than a reasonable pre-estimate of the loss makes a term more likely to be unfair.

If you agree an extension, confirm the new return time and any extra cost in writing before the old time passes. Check your insurance policy wording covers it. If nothing can be agreed, or the position is unclear, take legal advice.

Late return or police matter? What the guidance says

Police legal guidance says hired property that is not returned will only be classed as theft in certain circumstances, and that there can be a fine line between a civil dispute and theft.

Its wallpaper steamer example says failing to return an item on the due date does not automatically mean theft. It says the hirer must have treated the item as their own, for example by selling it on or moving away with it, and so permanently deprived the owner of it.

Whether an offence has been committed depends on the facts and is for the police, the CPS and the courts. If the position is unclear, take legal advice.

The offences that can apply

CPS guidance on the Theft Act says taking a conveyance without consent also applies to a hired vehicle that is not returned at the end of the hire period and is still being driven, where there is no belief the owner would consent. It is summary only, with a maximum of six months’ imprisonment.

Theft requires dishonest appropriation of property belonging to another with the intention of permanently depriving them of it. The CPS says that where an owner is persuaded by some sort of fraud to agree to somebody taking their vehicle, prosecutors should charge Fraud Act 2006 offences.

Separately, the Torts (Interference with Goods) Act 1977 lists conversion as a form of wrongful interference with goods, and section 3 says a court may order delivery of the goods or damages. Whether it fits your car is for a solicitor.

Report it and give the police the full picture

Call 999 if someone is in immediate danger or a crime is in progress, as gov.uk says. Otherwise call 101 or report online, and ask for a crime reference number.

Have a pack ready: the signed agreement, the ID and licence check record, your contact log, the make, registration and VIN, location history and the handover photos. That list is our suggestion, not a police requirement.

If the police say a hire car not returned is a civil matter, the next step is legal advice on your contract and any civil claim.

Location history is for the police, not for retaking the car

Give the police the last known position and the location history. It is information for them, not a licence to retake the car.

Never follow the vehicle, confront the hirer, block the car in, enter private property or take the keys. That is safety advice, not a statement of law. If anyone is in danger, call 999.

Remote lock and immobilise: let the police decide

Thinking about remote action on a hire car? Tell the police and let them decide. Never touch a vehicle while it is moving or has someone in it.

Anyone considering remote action should take legal advice first.

Tell your insurer, and your platform if you host

Read your own insurance policy and tell your insurer promptly. Quote the crime reference number: official guidance for stolen vehicles says you will need it when you call your insurer. Hosts should follow their platform’s process too.

Stop it happening again: ID checks, deposit and handover records

Check licence and identity before the car leaves. The DfT’s Rental Vehicle Security Scheme code asks face-to-face rental businesses to verify the driver’s licence at handover. For car clubs and peer-to-peer operators it asks for a selfie and licence check, or the DVLA share code, before any access, and an ID review at least every 12 months. The DfT says following it is not a legal requirement.

The gov.uk licence check needs a check code from the driver and the last 8 characters of their licence number, and you need their permission.

State the deposit basis and return time before the hire starts, and keep dated handover photos. The BVRLA code asks its members to state any deposit basis beforehand. Dealers with courtesy or demo cars can use the same habits, covered in our loan car guide.

Frequently asked questions

Is a hire car not returned theft?

Not automatically. Police legal guidance says hired property that is not returned will only be classed as theft in certain circumstances. The police, the CPS and the courts decide whether an offence has been committed. Take legal advice if the position is unclear.

When do the police get involved?

That is for the police to decide. Police legal guidance says to contact them or a solicitor if you are in any doubt once you know why the vehicle has not been returned. Report on 101 or online, or call 999 if someone is in immediate danger or a crime is in progress.

Can I immobilise a hire car remotely?

Tell the police and let them decide. Never touch a vehicle while it is moving or has someone in it, and take legal advice first.

This is general information, not legal advice. A solicitor or the police can advise on a specific case.

If you want to talk through how a rental business keeps its handover records and contact log in order, book a short conversation with Traknova.