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What are my rights when removing a vehicle from my land?
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ClootiesMum wrote: »Not 100% sure on this but it might be of use - is car likely to be taxed & insured?
If car is not SORNed then I believe it should be insured. If not insured, would the police be more interested?
Just a thought.
Not unless it's on a road or public place.0 -
Could it be treated in the same way as abandoned goods ? Procedure being you send two notices then dispose of it, realising a fair value. Deduct your costs then the rest can be claimed by the person who owned the goods0
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Joe_Horner wrote: »That really depends on how much trouble he wanted to make for you. If he really wanted to cause trouble, he could make a complaint of taking without consent. From what you've said so far, he sounds like the type who might.
Whether or not it would stick would depend on whether moving it off your land would count as taking it "for your own use", but note that returning it after you've finished with is isn't a defence against TWOCing! Probably aggro you could do without even if the police decided not to proceed. Also bear in mind that, if it went on the road to get from yours to his, you could suddenly find yourself being questioned about insurance etc.
Finally, if you do move it yourself then watch out for that very expensive damage that "you caused" while moving it without his consent - when "all you had to do was ask and he would have moved it for you".
It's quite possible none of the above would happen, but it could if he decided to kick up. Hence my earlier suggestion to play everything completely by the book. It'll take a little longer but keeps you absolutely in the clear.
I don't think TWOC would stick for one reason:
"(6)A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it."
The OP clearly must believe they have lawful authority to remove stuff from their own land.What will your verse be?
R.I.P Robin Williams.0 -
Borrow a strimmer & then knock on his door and let him know you are about to strim the weeds on the land so would be grateful if he would move his vehicle to prevent damage.
If he refuses, point-out that as you have informed him of your impending works, you will not be liable for any damage.
Once he is off, get your car on there pronto and then put up a gate.Never Knowingly Understood.
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)0 -
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The OP clearly must believe they have lawful authority to remove stuff from their own land.
Except he clearly doesn't, or he would've just moved it rather than asking advice on here
I don't think TWOC would stick, because I'm doubt moving it from your land to his would hold up as "using for your own purposes" but it would be potential aggro if the neighbour made a complaint about it, inclusing raising the question of whether it was insured during the move.0 -
If it's a manual as are majority of cars in this country then op can jack up the rear axle, a couple of men to control the cars pace. And the hope the land to the road is a straight line
What happens when the cars owner then accuses the person who moved it of damage to the chassis, paint, tyres, steering, brakes etc?
Seriously you might think it's easy to do as you please but there are other things to be considered.
As you're so clearly clued up on this, what happens if the car is on grass? The little jack will be able to roll over that without sinking will it? What type of jack should be used? - A cheap small £20 AA/RAC type or a larger £80 workshop jack (which can still tip over)?
Seriously people like you are idiots.0 -
TrickyWicky wrote: »Oh really grow up! Not only will that lead to trouble for the op but if it's an automatic (and you have no idea of this) then it won't be moving anywhere if its in park. Even if it's a manual do you have any idea how hard it is to push a vehicle with a handbrake applied?
If the vehicle is taxed and insured it makes it harder to claim it's abandoned but not impossible. Write to the owner and tell him you will consider it abandoned if it isn't removed after seven days (and name a date - the 8th day from the date of the letter). As long as you can prove that this was delivered to him then the council will probably accept this as an abandoned vehicle.
Also put notices on the vehicle which warn of this removal / abandonement and take photos of them there (maybe put the current days paper on the windscreen to prove the date).As long as you can prove you've taken every effort to get the vehicle removed by the owner and he has not removed it then he has abandoned it.
Brakes are adjustable from under the car. But a trolley jack or two and the brakes or gearbox are not an issue.
Some of these or even some McDonalds trays
http://www.argos.co.uk/static/Search/searchTerms/1819881.htmCensorship Reigns Supreme in Troll City...0
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