Abandoned van how to remove it?

by Readers Question

2 weeks ago

Abandoned van how to remove it?

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Abandoned van how to remove it?

I am looking for some advice I am sure someone will have an answer or point me in the right direction. I own a small block of flats together with the management company and freehold.

It has been reported to me that a van has been parked in the car park for the last 6 months and has not moved. None of my tenants know who the owner is.

I have done some research via dvla and it has been registered as off road so it has no tax and the MOT run out in September 2017.

The van has not been reported stolen.

I contacted my local council and reported it abandoned on private land. They sent out an inspector who has deemed the van roadworthy and closed the matter.

What can I do to get the van removed, were do I remove it to and who will pay?

I do not want to fall foul of the law. Were do I stand?

Thanks in advance for any help.
Chris

Comments

Neil Patterson

2 weeks ago

Hi Chris,

We had an article about tenants leaving a car, but I am not sure that helps after having a read.

End of tenancy and derelict car on driveway >> https://www.property118.com/end-tenancy-derelict-car-still-driveway/comment-page-2/#comments

terry sullivan

2 weeks ago

push it on to local highway and forget it--it will go

Paul Kaye

2 weeks ago

surely you can locate the owner? if so write and ask them to remove it.
State a parking charge of £50 per day will apply,backdated !
you can also contact the police this is Unauthorised dumping under the civic amenities act 1967 the police need to act now
Paul

Paul Shears

2 weeks ago

I had a similar problem many years ago near my house.
I lived in Sevenoaks at the time which is a pretty expensive area. My old one bedroom, structurally unsound terrace which stands on land 12 feet wide sold last year for £368,000.
So maybe that affected what happened when I reported a car which appeared to be abandoned with a couple of flat tyres and had remained stationary for about three weeks. Having established that none of the neighbours knew who owned it, I rang the police. The car was towed away within three hours. However it was on the public highway.

terry sullivan

2 weeks ago

Reply to the comment left by Paul Kaye at 07/12/2017 - 12:25
police will not act--they will state it is civil, even if it is causing an obstruction

ps what van it it? i am looking for a vw size van

Paul Kaye

2 weeks ago

I stand by what I have said quote the acts to the police section 20 RTA 1967
and previous act I mentioned,they may claim it civil but have a duty to remove it!

Ian Narbeth

2 weeks ago

There are (at least) two relevant statutory provisions:
1. s54 of the Protection of Freedoms Act 2012 http://www.legislation.gov.uk/ukpga/1978/3/section/3
2. Section 3 of the Refuse Disposal (Amenity) Act 1978 https://www.legislation.gov.uk/ukpga/1978/3/section/3
Under s54 you must not clamp or otherwise immobilise the vehicle.
Under s3 the local authority has a duty to remove the vehicle if it is in the open air. However, they do not have to do so if it appears to them that the cost of its removal to the nearest convenient carriageway within the meaning of [the Highways Act 1980] would be unreasonably high.
If in doubt, take legal advice.

Rob Crawford

A week ago

For all law abiding citizens the only way to deal with this is a bit hard to accept. However, I agree with Terry Sullivan. Get up early one morning and tow or push it to the nearest public road. Then deny all knowledge as to how it got there. Check for surveillance cameras first!

Colin McNulty

A week ago

Ian wins with his Refuse Disposal Act reference, which clearly makes it the council's responsibility to remove it:

---
3 Removal of abandoned vehicles.
(1) 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 [F1 highway][F1 road], it shall be the duty of the authority, subject to the following provisions of this section, to remove the vehicle.
---

Are you aware however that you can request the registered owner's name and address from the DVLA if you have "reasonable cause", one of which is "tracing the registered keeper of an abandoned vehicle":

https://www.gov.uk/request-information-from-dvla

Chris Bunn

2 days ago

Hi Guys,
Thank you for your comments they have been of help .I now live in South Africa so can not do the easy things but would have if I could have LOL.
As the land owner and not the van owner I can do very little under the law.
It is the duty of the council to remove it but they have a code of circumstances they follow, they are.
once Council receives an abandoned vehicle report, we will review the information provided before deciding if the vehicle will be inspected or not.
In some circumstances, where a vehicle does not have the characteristics identified below, the Council will not inspect a vehicle. One or a combination of the following will be taken into account when deciding whether a vehicle is abandoned:
Untaxed, with no current vehicle keeper on the Driver and Vehicle Licensing Agency's (DVLA) record
No valid MOT
Stationary for a significant amount of time
Significantly damaged, run down or un-roadworthy
Burnt out
Flat tyres
Presence of mould on either the inside or outside of the vehicle
Contains waste
IN my case the van has
No Tax
No MOT
Not moved for 6 months
Swindon council said the van was roadworthy and walked away.
I can only hope that the tyres go flat or the wheels get removed the head lights and rear lights get smashed and the number plate is removed and mould starts growing in the cab or people start striping it down for parts and dumping rubbish in it. Then the council will have to take it away to comply with the law which is.
Abandoning a vehicle on any land in the open air, or any other land forming part of a highway, is a criminal offence under Section 2 of the Refuse Disposal (Amenity) Act 1978. It is punishable by a maximum fine of £2,500 and/or three months in prison. The owner of an abandoned vehicle that is removed, stored and or destroyed by the local authority, is liable for the storage or disposal costs. The local authority, instead of prosecuting, issue a fixed penalty notice for £200 to the owner.
Bottom line is the van must be a wreck then the council has to remove it. They can then chase the owner for payment. Best of luck with that!
Will update when I get this yellow Fiat van reg number RK07 ZGM located at SN1 5JJ Canalside Swindon Wiltshire removed. If you can help I would be grateful ££
Thanks Again .
Chris

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