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Abandoned Cars on our Land
Comments
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Its a strange one this I must admit.
It seems your only option as far as I can see is have them scrapped but would you need paperwork for them to be scrapped?
If I was in this position I would invite a local scrap man to remove the lot, you could probably come to an arrangement given the number involved and walk away with a nice little wedge in you pocket.
If someone comes forward further down the line asking what you've done with their cars just tell them someone else came forward, claimed they were theirs and removed them. You've clearly been taken advantage of here, done all you can to trace the owners. They've been on your land for two years I would consider them as yours to do with as you please.0 -
The ones that are unregistered theres nothing stopping you form registering them in your name, and then selling them, they've been on your land for a long duration so I would assume you could take over ownership seeing as they are abandoned!.
The ones that are registered, I would aslo be sending off to be registered in your names, ones that have a latter from DVLA asking about this vehicle that get sent back to them with no response should be placed in your name also.
The ones who do object simply move out onto the road for collection by the LA its the LA's problem to deal with them.
Do they have keys in them?
the ones you managed to get registered in your name and don't wish to keep scrap for cash. ones that you want and are good to pass MOT sell on or pass over to relatives.
keep all records for searching up the addresses and owner of RK's and keep your notice.
if someone crops up saying you owe them for the cars, then state take me to court, an add in the local free paper may be a good way to prove you've exhausted avenues to try and locate owners aswell as un responded to letters from RK's wil go a long way to prove you acted appropriately before acquiring them through abandonment.0 -
Yes that's what the Environment Agency link I posted seem to say. You never know how current the advice is though, or whether the council will know what the law is and comply with it
It's still current and councils will have a dept to deal with it a smile Google search for car abandoned in "ops town" should throw up the tel number. If op just wants them gone this is the way to go forget about pushing them anyway or paying show for info etc.
Of course if the op is wanting money out of the situation something else may be more appropriate.0 -
Yes that's what the Environment Agency link I posted seem to say. You never know how current the advice is though, or whether the council will know what the law is and comply with it
It's s.3, Refuse Disposal (Amenity) Act 1978:
'Where it appears to a local authority that a motor vehicle in their area is abandoned without lawful authority on any land in the open air or on any other land forming part of a highway road, it shall be the duty of the authority, subject to the following provisions of this section, to remove the vehicle.'0 -
well , seeing as you don,t own them , know who does , and they are on YOUR land , unlock the gate and place a sign saying "free cars help yourself"
and walk away , you are in no way required to look after them
it actually sounds like the owner , possibly a small car dealer has had a accident or perhaps on "holiday" (HM Prison) ,0 -
IanMSpencer wrote: »You probably should take legal advice, but as they are essentially unsolicited goods, they have become yours and you can probably get in touch with a local scrap yard and sell them. Even if they are wrecks, they'll be worth something.
The major hoop will be proving to the scrap company that you are entitled to sell them.
Worth popping into a local solicitors who normally give low cost consultations. If the cars are of any significant value then it would probably make sense to hire a solicitor to ensure you have proper title before you sell them.
No they are NOT!
But I agree op should get proper legal advice rather than taking questionable advice like this0 -
Thank you all for your thoughts. I am keeping everything we have done i.e. paperwork and photos.
It is interesting how each of us can have different views on how to deal with this. So will now move forward one way or other but they can't stay there.0 -
They can't all be ancient bangers or scrap, the OP said that some are as new as 2009?
So the value must be more than just scrap, unless they are accident-damaged?No free lunch, and no free laptop0 -
Would be interesting to know what they are and what age and condition they are in. Something doesn't sound right about cars as late as 2009 simply being released to the wild.0
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enfield_freddy wrote: »well , seeing as you don,t own them , know who does , and they are on YOUR land , unlock the gate and place a sign saying "free cars help yourself"
and walk away , you are in no way required to look after them
Unfortunately, yes you are required to take reasonable care of them. Negligence leading to loss (which leaving the gate open might be seen as, especially if you did it in order to "loose" them) is wrongful interference with goods under the Torts (Interference with Goods) Act 1977, for which you can be sued.
Similarly, if you sell or dispose of them, that Act is quite clear on the steps you need to take:
(1) You must make reasonable efforts to serve notice on the owner to allow them to remove the goods. You've probably satisfied that by going through DVLA for the keeper details and sending out recorded letters.
(2) You must try to raise the highest price that's reasonable in the circumstances. So, for example, sending the 2009 models to the scrappy for £100 probably wouldn't be acceptable but it might be for the older ones.
(3) You must hold the money raised, less any reasonable expenses incurred, indefinitely in case the owner appears one day. Essentially, if they ever turn up, you mustn't make a profit from the sale.
(4) (and this is a dodgy one for cars). If it turns out that the person you tried to contact (the RK) isn't the owner then any sale is void - so that 2009 one that you sold is liable to be seized and returned to it's original owner, leaving you potentially in a big legal mess with whoever you sold it to.
Now, it's quite likely that you could scrap the lot and never hear anything more about it but, if someone did turn up in 6 months time, you'd legally be in a bad position.
Which is why getting the council to deal with them as an environmental issue (you may have to fight a bit given funding cuts) is by far the safest and most sensible way to go.0
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