Abandoned car on private land

Disabled_Rights_For_Me

On my estate (on a private area) there is an abandoned car. The driver knows it is there but will not move it. The car is an absolute wreck though it has no broken windows (yet). The car has got no tax and is being used for storage.

We can't tow it onto the road because we don't want to get caught. We have contacted solicitors who say that since the clamping and towing ban, councils have a duty to get the car removed.


The landowner has written to the keeper but the car remains. We need that space for visitors. I currently let people park in my bay who visit me and then I park on the road using my badge or go with them and let them use my badge. I would rather just be able to use the spaces on site.

The police don't care as it is a private land and say I should go to the council. The council don't care as it is private land and say I should go to the police. The DVLA say that councils now have a duty but the council won't act.

The council is actually very arrogant and say that "we won't touch it its private land". They also say that because the car is being used as storage, even though it has been there and not driven (it has one wheel missing and looks like he is using it for parts) for about 8 months, it is not abandoned as the keeper is using the car.


The landowner is reluctant to touch it due to the costs involved of storing or getting someone to tow it and so we are all stuck with no only one less space but also an eyesore.


Before the thing that came in a few years ago, I am told that the car would have been much easier to move but this change was compensated by councils as they would take on the powers and remove cars being as private landowners are a lot more restricted now.


It seems we can't force anyone to act and this scally is just allowed to leave the car where it is. I know who it is too, doesn't even live on the estate, it is a friend of his who does.


He lives just around the corner and has three spaces on his driveway. He is not a nice man (I have seen him drunk and rowdy a few times) but he is very respected because he has served in the army and is seen as somewhat of a hero. He wears his uniform quite a lot and he gets a lot of respectful looks. I mentioned it to one neighbour and the attitude was "give him a break, the lad has gone out to another country and risked his life for us, we should be respecting him and if he wants to use a space then that is the least we can do". They know he is nasty and worse when he has had a drink (he will eat things like kebabs and leave the rubbish on the floor) but they just say "well you might be a bit nasty if you had served like he has".


This just doesn't seem fair, I know when someone has served that they get a lot of extras but we do need our spaces.

Does anyone have any ideas?

daveyjp

If the Council won't act contact your Local Councillors. If police won't act contact your local Police and Crime Commissioner.

Advise them both they have the legal powers to do something about the situation.

dacouch

I believe the council give priority to removing the cars of people who eat kebabs.

missile

We had a similar situation. The council did put a notice on the offending vehicle giving owner 14 days to remove it. Council then remove the vehicle.


You may need to seek legal advice. Perhaps you have legal cover under your insurance which may cover this?

bod1467

missile wrote: »

We had a similar situation. The council did put a notice on the offending vehicle giving owner 14 days to remove it. Council then remove the vehicle.

Chances are that this was public roads/land - the OP's question relates to private land.

19lottie82

Yes, the council won't move it, as its on private land. This is correct.
Police won't get involved as its a private matter.

Personally, id just move it myself, realistically what's the chances of getting caught / prosecuted?

19lottie82

daveyjp wrote: »

If the Council won't act contact your Local Councillors. If police won't act contact your local Police and Crime Commissioner.

Advise them both they have the legal powers to do something about the situation.

I'm not entirely convinced about the former but the police certainly don't have the power to get the car moved. This is a civil matter, not a criminal one.

arcon5

Missing a wheel you'll find it extremely difficult to move it

Aretnap

Refuse Disposal (Amenity) Act 1978 gives councils a duty to remove abandoned vehicles from any land open to the air - it matters not whether it is public or private.

http://www.legislation.gov.uk/ukpga/1978/3/section/3

There is a get out for the council if the cost of removal would be unreasonably high, which I would interpret to apply to a car left halfway up a mountain far from the nearest road, but not to a residnential car park in a big city.

thescouselander

Write to the owner and tell them if the car isn't gone with 10 days it will be towed. And if its still there after the specified time then get it towed by a local contractor - many of them offer to do this as no cost.

Just a couple of things though - who is the landowner and what rights do you have over the use of this land?

powerful_Rogue

Aretnap wrote: »

Refuse Disposal (Amenity) Act 1978 gives councils a duty to remove abandoned vehicles from any land open to the air - it matters not whether it is public or private.

http://www.legislation.gov.uk/ukpga/1978/3/section/3

There is a get out for the council if the cost of removal would be unreasonably high, which I would interpret to apply to a car left halfway up a mountain far from the nearest road, but not to a residnential car park in a big city.

The car isnt abandoned though.