Abandoned car?

sheramber

A car with no MOT, parked on the road should be reported to the police

https://www.gov.uk/report-no-mot

I reported one in my street and it was removed within  a couple of weeks

caprikid1

"A car with no MOT, parked on the road should be reported to the police"

""A car with no MOT, parked on the road CAN be reported to the police"

Fixed that for you....

Exiled_Tyke

sheramber said:

A car with no MOT, parked on the road should be reported to the police

https://www.gov.uk/report-no-mot

I reported one in my street and it was removed within  a couple of weeks

But it does go on to say that the police can't deal with it if it's been abandoned.  An offence is only being committed if the vehicle is driven.   If you've got good, hard working councillors, then they are a good way to go.  A good councillor will  ask the police to look into the case. Whilst the police are unlikley to be able to take any enforcement action if they are helpful they will make contact with the owner and find out what the situation is.   Next the councillor should inform the council's environmental enforcement team and get the clock started on the abandonment.  If communication between the police and the council is good they will keep each other informed of progress until it's resolved.  I've also known the police to contact DVLA who have (rarely) removed untaxed vehicles.   

Car_54

Exiled_Tyke said:

sheramber said:

A car with no MOT, parked on the road should be reported to the police

https://www.gov.uk/report-no-mot

I reported one in my street and it was removed within  a couple of weeks

But it does go on to say that the police can't deal with it if it's been abandoned.  An offence is only being committed if the vehicle is driven.   

Not for the first time, the info on gov.uk is incorrect.

The offence is not driving, but 'using', and using includes parking.

The law states  "A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.", so it is indeed possible for the police to take action by pursuing the registered keeper for causing or permitting.

Exiled_Tyke

Car_54 said:

Exiled_Tyke said:

sheramber said:

A car with no MOT, parked on the road should be reported to the police

https://www.gov.uk/report-no-mot

I reported one in my street and it was removed within  a couple of weeks

But it does go on to say that the police can't deal with it if it's been abandoned.  An offence is only being committed if the vehicle is driven.   

Not for the first time, the info on gov.uk is incorrect.

The offence is not driving, but 'using', and using includes parking.

The law states  "A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.", so it is indeed possible for the police to take action by pursuing the registered keeper for causing or permitting.

I think in practice the Police don't see it that way.  I think the key thing here is the word 'used' which is interpreted to mean moving and not just parked.  I suppose viewing the verb, to use, as having to be active.  Anyway  I've always been told by the police that they are unable to do anything unless they witness the vehicle being driven and they never have! 

Aretnap

Bigphil1474 said:

The local council's have to be careful with reported abandoned vehicles, as they only have powers to remove actually abandoned vehicles, hence the 3 month check. If they remove a car that isn't abandoned, they can end up with a big bill. They'll normally try the RK, and check the vehicle status. Bear in mind if someone has had a coronary and been unwell for months, they might not have getting the road tax etc. sorted at the top of their priority list. Or maybe in prison, on a world tour, etc.

Not quite. They have the power (indeed the duty) to remove vehicles "if it appears to [them] to have been abandoned".

Which means that they do need to have a good reason to think that it has been abandoned. However if the owner does eventually turn up and wants his car back, the council isn't automatically liable for anything more than whatever money they got for selling/scrapping it.

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

Aretnap

Exiled_Tyke said:

Car_54 said:

Exiled_Tyke said:

sheramber said:

A car with no MOT, parked on the road should be reported to the police

https://www.gov.uk/report-no-mot

I reported one in my street and it was removed within  a couple of weeks

But it does go on to say that the police can't deal with it if it's been abandoned.  An offence is only being committed if the vehicle is driven.   

Not for the first time, the info on gov.uk is incorrect.

The offence is not driving, but 'using', and using includes parking.

The law states  "A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.", so it is indeed possible for the police to take action by pursuing the registered keeper for causing or permitting.

I think in practice the Police don't see it that way.  I think the key thing here is the word 'used' which is interpreted to mean moving and not just parked.  I suppose viewing the verb, to use, as having to be active.  Anyway  I've always been told by the police that they are unable to do anything unless they witness the vehicle being driven and they never have! 

It is very well established that in motoring law, "use" is interpreted very broadly, and includes keeping a vehicle parked on the road. Even a vehicle which cannot be driven due to its condition.

Pumbien v Vines

(1995) The Times June 14 Queen's Bench Divisional Court

A motor car parked on a road was being used on the road for the purposes of sections 47 and 143 of the Road Traffic Act 1988 even if it was totally immobilised and could only be moved by being dragged away, and, therefore, required both a valid MOT certificate and an insurance policy.

The Court so held in dismissing an appeal by way of case stated by Andee Pumbien against his conviction of offences of using a motor vehicle on a road without either a valid test certificate or insurance policy contrary to sections 47(1) and 143(1) of the 1988 act.

That said, given the police don't currently have the resources to investigate serious crimes like burglary, the idea that they're going to come out and investigate a shabby car that's been left on the road for too long is far fetched, and "we can only do anything if it's being driven" is a convenient brush off line to give to people who report things like that.

Exiled_Tyke

Incorrect @Aretnap  The police have investigated every abandoned car I've ever reported to them. And between them and the council they have all been dealt with. But they've never used the MOT status as the reason to remove a vehicle.  

To be clear, I'm not arguing the law here. The issue is whether the Police are in a position to remove a car without MOT. And my experiences suggest that they are not.   I suspect that DVLA would take the action in these cases. I have known DVLA to come and clamp a vehicle and threaten to remove it but can't remember whether that was for VED or MOT. 

RL11

A car has been parked up at the entrance to our estate for around 4 months now. It's a bloody nuisance as it's near to the t-junction and makes it awkward for people living there to get in and out and park on the street themselves. It's definitely "abandoned" in the sense that it's never been moved but there are frequent late night visitors to it, who clamber in through the boot! I'm pretty sure it's being used as a place to sleep and/or drugs use. It looks like it was towed there not long after it was taxed, so there are 8 months to run on that. There are 3 months left on the MOT, so it will have to be moved to renew that but sounds like just having no MOT won't help - though I have read Tax and Insurance are invalid with no MOT. I have already tried the police (111) and council and no-one is interested in doing anything. It doesn't seem that there is any way to get a nuisance vehicle shifted!

SpudGunPaul

RL11 said:

A car has been parked up at the entrance to our estate for around 4 months now. It's a bloody nuisance as it's near to the t-junction and makes it awkward for people living there to get in and out and park on the street themselves. It's definitely "abandoned" in the sense that it's never been moved but there are frequent late night visitors to it, who clamber in through the boot! I'm pretty sure it's being used as a place to sleep and/or drugs use. It looks like it was towed there not long after it was taxed, so there are 8 months to run on that. There are 3 months left on the MOT, so it will have to be moved to renew that but sounds like just having no MOT won't help - though I have read Tax and Insurance are invalid with no MOT. I have already tried the police (111) and council and no-one is interested in doing anything. It doesn't seem that there is any way to get a nuisance vehicle shifted!

You've read wrong and NHS Direct can't help either.