Does a Council Removing an untaxed vehicle Constitute Tresspass to Chattel

TaoSpencer

I Have recently recieved a notice of removal from my local council regarding my Car Which I have Sorn and Un-Taxed until I could find the money to get it fixed.

My Question is, If they remove it without my consent does that constitue `Tresspass to Chattel` or against the Torts Interferance with goods Act?

I have included a link to the full question on here: `law.stackexchange.com/questions/57203/does-council-removal-of-a-vehicle-constitute-trespass-to-chattel`

[Deleted User]

TaoSpencer said:

I Have recently recieved a notice of removal from my local council regarding my Car Which I have Sorn and Un-Taxed until I could find the money to get it fixed.

My Question is, If they remove it without my consent does that constitue `Tresspass to Chattel` or against the Torts Interferance with goods Act?

I have included a link to the full question on here: `law.stackexchange.com/questions/57203/does-council-removal-of-a-vehicle-constitute-trespass-to-chattel`

 Where is the car? Shared area or yours? What state is it in? 

Car_54

From where was it removed?

Have the council scrapped it, or do you have the option to retrieve it?

The Act you quote seems totally irrelevant.

Car_54

---and.

What reason have they given for removal?

foxy-stoat

If your car is kept on the road then you are breaking the law, so the Tort you are referring to will not override the current law of the land.

You know what a SORN declaration is don't you.  The clue is in the sORn bit - off road.

If its parked on your property then if they removed it then it would be unlawful.

[Deleted User]

You don't happen to think that you don't drive on roads, but travel, do you?

Car_54

Deleted_User said:

You don't happen to think that you don't drive on roads, but travel, do you?

But surely the Torts (Interference with Goods) Act wasn't mentioned in Magna Carta?

parking_question_chap

Where is it parked?

Aretnap

foxy-stoat said:

If its parked on your property then if they removed it then it would be unlawful.

Not necessarily. The Refuse Disposal (Amenity) Act 1978 gives councils a right (in fact, a duty) to remove abandoned vehicles from any outdoor place - public or private, on road or off.

There is no precise definition of what constitutes an abandoned vehicle, however if the car is untaxed, in a poor state of repair and has not been moved in a long time then the council could reasonably presume that it has been abandoned.

They are required to give the landowner notice that they intend to remove the vehicle, and cannot it vehicle if he objects. However he must actively make his objection to the council - doing nothing or complaining on internet forums is not enough.

It is not a trespass to chattel if the council is using a power given to it by legislation; the Torts (Interference With Goods Act) is similarly irrelevant.

peter_the_piper

So you're saying that the council could come down our drive, gated and locked, to remove my wifes MMinor which is sorned and on private land?

Grumpy_chap

No, that would apply to areas such as car parks for blocks of flats, not the private drive of an individual house.