Does a Council Removing an untaxed vehicle Constitute Tresspass to Chattel

Aretnap

peter_the_piper said:

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?

In theory yes, if the car appeared to be abandoned and you didn't bother to register your objection (though I'm not sure whether the law would give them power to force entry if your gate was locked).

In practice though I very much doubt that they'd be interested in removing a classic car in reasonable condition from an obviously private driveway (for a start, it would not appear to be abandoned).  OTOH if it was a rusty pile of junk that you dumped in a field that you happened to own and the neighbours complained about it spoiling the view., the council might well take an interest. 

TooManyPoints

OTOH if it was a rusty pile of junk that you dumped in a field that you happened to own and the neighbours complained about it spoiling the view., the council might well take an interest. 

And if they did I think they may be more inclined to issue a notice to the householder to remove it rather than to break in and remove it themselves.

missile

I would guess council are responding to complaints from other residents about OPs vehicle?

Hasbeen

Assume  OP will be back on this one? Do not think OP actually understood what SORN meant?

But interesting thread so await if OP replies as to circumstances?

DiddyDavies

Aretnap said:

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.

I've had a peek at the act and could only find references to the removal of vehicles that have been left "without lawful authority" and surely if as a land owner (as the OP is) you left the vehicle or gave permission for another person to leave it on your land, you had the lawful authority to do so.

RichardD1970

Aretnap said:

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.

You mean like this? It was parked diagonally across the dropped curb for about 4 years, then moved onto the garden in 2011 and left to be overgrown with brambles, growing through the car, until it was removed a couple of weeks ago. (Image date is 2014)

Manxman_in_exile

DiddyDavies said:

Aretnap said:

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.

I've had a peek at the act and could only find references to the removal of vehicles that have been left "without lawful authority" and surely if as a land owner (as the OP is) you left the vehicle or gave permission for another person to leave it on your land, you had the lawful authority to do so.

Where does he say he is the landowner?   (He doesn't even claim to own any land, does he?)

DiddyDavies

Manxman_in_exile said

Where does he say he is the landowner?   (He doesn't even claim to own any land, does he?)

You're right.
I was actually referring to this post:

Aretnap said:

peter_the_piper said:

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?

In theory yes, if the car appeared to be abandoned and you didn't bother to register your objection (though I'm not sure whether the law would give them power to force entry if your gate was locked).

Aretnap

DiddyDavies said:

Aretnap said:

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.

I've had a peek at the act and could only find references to the removal of vehicles that have been left "without lawful authority" and surely if as a land owner (as the OP is) you left the vehicle or gave permission for another person to leave it on your land, you had the lawful authority to do so.

Ah, fair point - I misread the legislation and missed the bit about lawful authority. You're probably right - though I suppose if it was in a really bad state there might be, eg, environmental health grounds for the council to intervene and remove it.

Reading the OP's post elsewhere though he isn't the landowner - he's left his broken down car in the communal car park of his block of flats for an indeterminate period of time, and (reading between the lines) he is sort of planning to get it fixed one day, when he gets the money together, assuming that plants don't start to grow in it first. (Or at least, that's how it will look to his neighbours, and to the council.) He certainly can't give himself permission to leave his car there indefinitely, and while he may have a lease which allows him to park a car there, the terms of such leases will quite often require that the car be taxed, insured and/or roadworthy. It doesn't sound like it's any of those things at the moment.