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Complex one - taking ownership of an abandoned car
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cyclonebri1 wrote: »Now I'm of to register nextdoors beemer in my name;), or maybe I should find a Lexus?0
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big_gay_kirk wrote: »Its only stealing if there is a dishonest intention to permamently deprive.. if there is no dishonesty, no theft has occurred.. now, I can't speak for your case, but I once aquired a very nice Hillman Avenger from the verge... all I did was apply for the log book to DVLA.. if they send it to you, you are then legally the registered keeper....but still not necessarily the owner, and resale then becomes problematic, as in legal terms you have the right to keep the car, but not the title to sell... not sur exactly what they do, but I towed the car home after applying, and about twelve weeks later got the V5 through the post... along with two outstanding parking fines, which I was apparently liable for.... and which I paid... i know other people who have done similar things, and sometimes its easy, sometimes its very complex...
You'd only have been liable for the fines if you applied for V5 before taking possesion of the vehicle, and the fines had landed on the vehicle in the interim period. You could have taken the vehicle before applying for V5, and not been responsible for the fines. However I guess you thought it easier to pay up rather than argue the point.0 -
If the vehicle has been issued with a 'seven day removal notice' by the council (in certain circumstances they can issue them on private property) then it could be worth contacting the council to see where if anywhere it is going to be disposed of. Usually a scrappy has a contract to collect 'end of life vehicles' for the council so it could be worth approaching whoever has the councils contract and make them an offer for it.
It will have been served -along with the house- with a 14 day removal of chattels notice. After which time the person who takes possession of the house has ownership of all its contents, including this car.
If the house is open, the OP could look inside for the keys. I'd say there's no harm in taking possession of the vehicle, keep it for a year and then dispose of it if OP wants to. Apply to DVLA for a V5, the DVLA will write a letter to last known address of the previous keeper, and if they recieve no objection the car becomes OPs property.
Strictly speaking the law in this area is most appropriately applied to vehicles abandoned in public places. So this example is a bit of a grey area. But I see no harm with it, as it is clearly abandoned and not yet in the possession of the landlord or mortgagee.
EDIT: to add, At this point in time it is absolutely not the property of landlord or mortgagee, the only person with a claim to it is the person in Spain (unless it is financed) but that person has abandoned it. At the very least you could argue that you took it into your care for it's safe-keeping as an act of neighbourly kindness. After a year or two you could justify disposing of it. On the other hand you could equally argue as it was abandoned that you took legal possession. If the Spaniard comes back at any point you can decide then what you want to do in respect of ownership. But for now, I can see no reason why you should not take the car into your care.
I would check for finance first, and if it is financed, tell them that (for a fee) you would be willing to help them recover their vehicle from being legally removed from their ownership and crushed.
I'd also take good photographs of the car in situ and close up of the notices, on the house and car.0 -
And I will tell you what I think you should do..........
LEAVE IT ALONE0 -
I agree 100%.;)
Not worth the possible repercussions.0 -
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Heres an idea, contact your local Police station, tell them theres a car on a driveway of a private house, you quite fancy the look of it, so would it be alright if you just sorta went over, broke into it, as you havent any keys there isnt any other way, then took it away, filled in some sneaky paperwork and then took ownership of it. I'm sure they'd say, oh yeah, thats fine, dont suppose theres a telly inside the property as well you fancy why not have that too
Complete twaddle0 -
Ginger_Nuts wrote: »Complete twaddle
On what basis? He has already contacted the police, and they have correctly told him it would be a civil matter. The car is abandoned. He doesn't have to break into the car, he can drag it onto his property.
Who in your opinion would be the complainant?
And what is sneaky about the paperwork which has been designed SPECIFICALLY for this purpose along with the procedure the DVLA will follow once the paperwork has been received?0 -
I wonder what will happen with the car otherwise? Presumably technically it should be scrapped. But being a new car, I suspect someone known to the person who tows it away will keep it. So it's a case of should someone who has ready access to as many cars as they could possibly want get to keep it? or should someone who's going to use it keep it?
As for causing damage to the car, who is going to complain about that damage?0 -
On what basis? He has already contacted the police, and they have correctly told him it would be a civil matter. The car is abandoned. He doesn't have to break into the car, he can drag it onto his property.
Who in your opinion would be the complainant?
And what is sneaky about the paperwork which has been designed SPECIFICALLY for this purpose along with the procedure the DVLA will follow once the paperwork has been received?
Hope someone does it on your car, it's theft, com plete and utter twaddle:rolleyes:0
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