Can the council make me pay impound fine whilst declared SORN on private property ?

samsam1234_2

I crashed my car a number of weeks ago, declared the car off the road, notified the DVLA and towed the car to my car park space in a private residential car park which I pay a premium for. Whilst I was on holiday the council have towed my car and send me a bill (currently £430) and stated that I cannot have the car back unless I pay the fine (which increases by £20 a day). A neighbour complained, the council lifted the car on the same day and sent me notification afterwards. They have stated that “We can do what we like if the car is a danger to the public”. The damage is not extensive and the car is in no way a danger to the public. Can I legally make them return the car to me with no fine ?

maginot

If it is a shared carpark, it could still be dangerous to other residents. If residents have complained and the council have agreed I doubt there us anything you could do, other than pay the costs and make the car safe. Were you actually fined/penalty charge, and what was the so called offence? Or are the costs just towing and storage?

Trebor16

What legislation were they relying on to tow a car they have deemed to be dangerous?

tr3mor

I'd report them to the police for theft.

Hammyman

Trebor16 wrote: »

What legislation were they relying on to tow a car they have deemed to be dangerous?

The tenancy and rental agreement.

WestonDave

Trouble is, one semi wrecked car in a parking area soon means that others might get dumped there after joyriding and/or someone notices that the car has been left damaged for sometime so torches it (at which point it does become a fire/explosion danger).

Although you rent the space its still a communal car park so what you do in your space in a car park isn't the same as doing it on a private driveway (and even then councils can intervene if it starts to become hazardous). If you'd put it there for a day or so whilst you arranged for a garage to fix it, its fair enough, but as you say its been weeks, you've cleared off on holiday and for all the neighbour knows, its just been abandoned there.

Not really sure you have been hard done by here.

spiro

Some councils do not allow untaxed cars on their land which can include car parks, parkign associated with blocks of flats and council housing.

Also depending on the damage (broken glass, jagged metal edges) it could be considered dangerous and they would probably remove it under Health & Safety.

Many, many years ago a women got convicted in a magistrates court because her very old car had a hole in the wing at it was considered dangerous to others (pedestrians etc).

poppasmurf_bewdley

What documents did the car have?

My ex-wife got threatened because her car tax had expired and she parked it in her space in an off-street car park. The council said cars had to be road legal (ie Taxed, MOT'd and insured) to use the car park.

Strider590

Problem you have is their "system" is tickbox, black and white.... No room for variantions or unforseen circumstances.
Some NIMBY has caused you a lot of hassle it seems.

bigjl.

tr3mor wrote: »

I'd report them to the police for theft.

There is no theft as the council are not intending to keep it.

samsam1234_2

Thanks for the advice. Its a small private car park, No reason for public to go near the car park unless they lived in the estate. Damage is not bad, no sharp glass, I cleared the broken headlights and removed the other parts that were exposed. I guess I have to pay it, just seems a bit unfair.