Abandoned car on private land

john539

Disabled_Rights_For_Me wrote: »

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?

Whose space is the car parked in ?

Does the space belong to you ?

Johno100

There was a very similar situation posted on the Parking Ticket, Fines & Parking sub-forum a couple of days ago.

https://forums.moneysavingexpert.com/discussion/5140736

Particularly of note is reference to Section 55 of the Protection of Freedoms Act 2012, which amends the Road Traffic Regulation Act 1984 regarding the removal of vehicles.

http://www.legislation.gov.uk/ukpga/2012/9/section/55/enacted

Seems like it is back to the police.

Disabled_Rights_For_Me

I know the property management company very well and I have complained and complained. They have got tired of it. Of course the woman I normally deal with doesn't care too much, she just goes home in her four by four and can probably park where she wants to on her own drive way.


I have got nothing against people who eat kebabs, it is the rubbish they leave that I don't like.


The property management company have contacted their solicitors too and have spent a great deal of time of this. They have been in touch with the police and the council, the same way as I have.


The car is in a visitors space and those spaces are for visitors and should not be used for car storage.


We have quoted the relevant things to both the police and the council (as mentioned above and got details from Keep Britain Tidy) and the solicitor. Councils do have an obligation now to remove these cars but although it seems some councils are not too bad with this, others are just plain unco-operative, incompetent and pass the buck.


The management company have tried to find someone to move it, but whoever agrees to move it, wont do it for free but also won't do it without the management company signing a waiver to say that they accept responsibility.

The management won't sign a waiver because they don't want the responsibility incase the man claims it as has been done before.


I can't move it as pointed out by someone before due to the wheel missing, which is probably deliberate and I certainly don't want to set fire to anything. I just think it should be gone but no-one will do anything either due to risks involved or because they simply don't care.

I don't own the land, it is a visitors space but I have been given permission to pursue it with the council or police or whoever I can to try and get it moved. I understand the management company getting tired of it and any financial burdens should surely be upon the keeper or the driver and not on us. This just doesn't seem fair.

He does have multiple cars and this could easily, even if we were to get it moved, result in when the space is free him doing it all over again and then of course him costing us all over again.

chrisw

Disabled_Rights_For_Me wrote: »

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.

From your username, I presume you are referring to the blue badge and I am appalled. Whilst you are technically complying with the conditions, you are clearly abusing the blue badge system.

It is there to let those with disabilities have easier access to where they are going, not for you to let your mates have a parking space.

This arrogance does absolutely nothing to help those with genuine disabilities.

Aretnap

powerful_Rogue wrote: »

The car isnt abandoned though.

Well yes, that's the other get out. If the council don't think it's abandoned that's a reason for not moving it, but "it's private land not our problem" isn't a valid response.

Retrogamer

I've heard of people putting trolley jacks under cars, jacking them up then wheeling them out on the main road.
The car is then either clamped or uplifted due to no insurance or Tax.

I'd never recommend such a thing though.

Wig

thescouselander wrote: »

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?

What law -as the landowner- allows you to do this?

Disabled_Rights_For_Me

chrisw wrote: »

From your username, I presume you are referring to the blue badge and I am appalled. Whilst you are technically complying with the conditions, you are clearly abusing the blue badge system.

It is there to let those with disabilities have easier access to where they are going, not for you to let your mates have a parking space.

This arrogance does absolutely nothing to help those with genuine disabilities.

If I am "tecnhnically" doing nothing wrong then I see it as there is no problem. Not for me anyway and we all have to do our best to do what is right for ourselves.


This forum is full of people who use technicalities to their own advantage to save themselves some money. If this car was moved then this would free up a space for my visitors and they could park properly.

My blue badge was provided as I see it to make things easier for me. If this helps my visitors and means that they don't have to pay to park on the road, where I can park for free, then this helps make things easier for me.


We do get dirty looks sometimes but they never say anything because I am disabled and this is why I go with them as if they take any photos to report me, then they will see I am with them.

Disabled_Rights_For_Me

Aretnap wrote: »

Well yes, that's the other get out. If the council don't think it's abandoned that's a reason for not moving it, but "it's private land not our problem" isn't a valid response.

And this is exactly what the council is saying. They say it is not abandoned as the keeper is clearly using it and it is private land so not their problem. They just won't budge, no matter what we send them by e-mail and the amount of phone calls we have made has been ridiculous.

The property management company have also made phone calls, sent e-mails, put notices on the car, wrote to the keeper but still won't budge.


The best advice we have got is that we can remove it and then pay for storage. The only place it can be stored in is either someone's garage (which no-one will allow) or pay at a storage centre which is a minimum of £150 a month. It just seems absurd. He is sure to ignore the car anyway as it is worth nothing but even when they are worth nothing, if he thinks there is any money in it, he will want compensation.

dacouch

Disabled_Rights_For_Me wrote: »

If I am "tecnhnically" doing nothing wrong then I see it as there is no problem. Not for me anyway and we all have to do our best to do what is right for ourselves.


This forum is full of people who use technicalities to their own advantage to save themselves some money. If this car was moved then this would free up a space for my visitors and they could park properly.

My blue badge was provided as I see it to make things easier for me. If this helps my visitors and means that they don't have to pay to park on the road, where I can park for free, then this helps make things easier for me.


We do get dirty looks sometimes but they never say anything because I am disabled and this is why I go with them as if they take any photos to report me, then they will see I am with them.

The car owner is using a technicality to park his car on private land.

Karma