Council removed our road worthy/legal car from our car park.

tinkerbell84

nickismee wrote: »

The car was still in MOT and taxed until the end of this month. It was in the car park around the corner from our house.

The only thing i can think of as why they took the car was it had been broken in to a couple of weeks ago and the drivers door window was smashed in. We covered this up best we could until we could afford to get it replaced.

Doesn't the broken window make it unroadworthy then? If it's on council property I doubt it's any different to it being parked on the road. The MOT doesn't change the lack of roadworthiness.

nickismee wrote: »

it has been in the car park since xmas as that is when it got broken in to. We have moved it a couple of times to make sure its still running.

The Xmas that was 7 weeks ago?

I think I'd think that a car sitting there with a broken window for 7 weeks had been abandoned. Presumably the mileometer hasn't changed since the window was broken?

LittleMissAspie

How can they tell it's been stationary for that long? My car looks like I don't use it because I always park the same way in my space. I only ever use it at weekends, so someone coming along during the week would think it hasn't moved.

tinkerbell84

LittleMissAspie wrote: »

How can they tell it's been stationary for that long? My car looks like I don't use it because I always park the same way in my space. I only ever use it at weekends, so someone coming along during the week would think it hasn't moved.

Your mileometer reading would increase every week then

Neil_B

tinkerbell84 wrote: »

Doesn't the broken window make it unroadworthy then? If it's on council property I doubt it's any different to it being parked on the road. The MOT doesn't change the lack of roadworthiness.



The Xmas that was 7 weeks ago?

I think I'd think that a car sitting there with a broken window for 7 weeks had been abandoned. Presumably the mileometer hasn't changed since the window was broken?

Eh? Are you making this up? Do we live in a Police State now? This site makes me think so sometimes.

Does a broken window make it unroadworthy? Seriously, I don't know but I doubt it.

7 weeks? So what? I've not used my vehicle for 3 months - sorry about that but am I committing some offence?

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OP - Ah I see, newer legislation now. Good spot on the highlighted section. I suspect you may have to take this one to Court - or at least threaten it.

For now, as you are lucky enough not to need the vehicle, i suggest you gather as much information as possible. Get things in writing in both directions. Put the Council on notice that this matter is being challenged to try and make sure they don't dispose of the car. get written reasons from them for removal of the vehicle.
Do not trust anything the Council say or agree to verbally over the phone.

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No offence to MSE but i hope Crabman and Wendy won't mind if I recommend you also take this over to 'PePiPoo' forums and the 'eagles' may take interest.

tinkerbell84

Neil_B wrote: »

Eh? Are you making this up? Do we live in a Police State now? This site makes me think so sometimes.

Does a broken window make it unroadworthy? Seriously, I don't know but I doubt it.

7 weeks? So what? I've not used my vehicle for 3 months - sorry about that but am I committing some offence?

Is it on the public road? Does it have broken windows?

7 weeks or 3 months - how would you know if a car had been abandoned without applying a time limit to it? Particularly if it's got broken windows? It wouldn't be abandoned after 10 minutes, but what about a fortnight? A month? A year?

It is on council property. I find it odd that the car was moved without notice but I can understand why a car might be thought to be abandoned when on council property in that state? Particularly in the absence of parking permits etc. What's to stop someone from abandoning a car there? How would you know they had?

Ivrytwr3

I agree with Neil B. If it's a residents car park and the vehicle is all correctly documented (tax, insurance etc) then so what if you don't choose to drive it? I am in the Forces and sometimes my motor doesn't move for 4 - 6 months at a time. It isn't abandoned, i'm just not using it!!!

The council/police should have carried out PNC's on the vehicle and contacted the owners prior to the vehicle's removal!

I would stop the 'phone calls and would be visiting my local council with all my paperwork demanding my car back and/or contacting the police informing them that the car had been stolen.

Keep pushing and pushing hard!

tinkerbell84

nickismee wrote: »

it was removed under the neighbourhood clean up act. I have read this act over and over which i dowloaded from the defra website.. i will quote a couple of lines..


defintion of abandoned

(c) Stationary for a significant

amount of time

it has been in the car park since xmas as that is when it got broken in to. We have moved it a couple of times to make sure its still running.

(d) could include vehicles
with flat tyres, wheels removed
or broken windows.

as i stated before, the window has been broken due to some oiks trying to nick the car.

This makes me beleive they have taken the car illegally.

It clearly meets 2 conditions which could make it 'abandoned'.

lonestar1

Not sure Il'd like a car with a broken window parked in a car park outside my house. Still if the cars number plates are visible and its taxed/MOT'ed it does seem odd that the council didnt send you any letters

nickismee

A car can pass an MOT without windows!!!

My husband has been on the phone with a solicitor and they have said to write a letter to the council, gave him all the details he needs to put in the letter.

The car HAS been moved, as i mentioned before, we have moved the car a few times to check its still running ok. The battery was removed from the car to stop oiks from nicking it.

We have just had out post and we received a nice letter from the police. this is the only documentation so far.. i will try and upload it..

nickismee

Neil_B wrote: »

No offence to MSE but i hope Crabman and Wendy won't mind if I recommend you also take this over to 'PePiPoo' forums and the 'eagles' may take interest.

I did register with PePiPoo, but it wouldn't accept my username and password, so gave up on that route..