X

Sign Up

or

By signing up I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Sign Up

Sign Up With Facebook, Twitter, or Google

or


By signing up, I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Log In

or


Don't have an account? Sign Up

Forgot Password

To reset your password just enter the email address you registered with and we'll send you a link to access a new password.


Already a PT member? Log In

Don't have an account? Sign Up

  • Legal FAQs

    Abandoned car on rental property drive

    Some kind person has decided to park their car on my drive in front of my Garage in a City Centre complex

    I have informed the Landlord's agent who manages the land and they have put a notice on the car saying it will be towed away after 7 days

    The Police don't want to know because it's on private land they have tried to contact the owner but have failed

    The car is not taxed or MOT'd so I think its just been dumped

    As I understand it If the car was on the Public Road the council would have it removed

    Any advice on this topic as this is my first?

    I rent the Garage and the Parking space so my Tenant at present cannot use it

    There is a parking post which they did not use to stop this sort of thing happening to start with.

    DL

    0
    0

    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    From the Government website - which seems to apply to your situation:

    Disposal of an abandoned vehicle

    You can dispose of an abandoned vehicle immediately if either of the following apply:

    • it’s only fit to be destroyed
    • it has no number plates or tax disc (even an expired one)

    In all other cases, you must try to find the owner.

    If you find the owner, you must give them 7 days’ written notice to collect the vehicle before you can dispose of it. You must return a vehicle to its owner if they claim it and they pay the costs of removal and storage.

    If you cannot find the owner, or the owner fails to comply with a notice to collect the vehicle, you may dispose of the vehicle.

    You can dispose of an abandoned vehicle as you see fit. For example, you can sell it at auction or have it destroyed at an authorised treatment facility.

    If you sell it, the owner can claim the money raised up to a year later (minus your removal, storage and disposal costs).

    2
    0

    Well that’s not bad news - sounds quite straight forward ...

    0
    0

    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    The web page you have linked to is advice for local authorities not for the public. I don't think a member of the public can remove a vehicle without a court order.

    The advice from the police regarding this situation is available here - https://www.askthe.police.uk/content/Q441.htm

    The person who has parked the car has trespassed on DL's land. This is a civil matter. That person can be sued for lost rent.

    I would suggest that you can find who is the registered keeper using form V888 from the DVLA - https://www.gov.uk/request-information-from-dvla - and write to the keeper informing their vehicle is blocking access to your garage. Tell them that you have had to rebate rent to your tenant  and you expect to be reimbursed plus your costs. You should also advise them you have reported them to your local council as an abandoned vehicle and provided their details . The council have a duty to remove an abandoned vehicle but you may have to wait a while - it needs to be stationary for at least 3 weeks.

    Alternatively, you can find out the keepers details and write to the keeper accepting that you are the bailee. You can then exercise your rights under the Torts (Interference with Goods) Act 1977 (i.e. follow the procedures you would follow for goods left behind by a tenant). Make sure you tell the keeper to inform the owner if it is a different person.

    Do not charge the keeper for storage of the car before the deemed date of delivery of your letter (2 days after you posted it recorded delivery). This means you don't have to give 3 months notice to sell their car but only have to wait a reasonable period of time for the car to be collected - I would suggest 2 weeks is reasonable or possibly only 1 week as it is blocking your garage (if they are close by). Make sure your letter meets all the requirements for notices under Part I and Part II of Schedule 1 of the T(IwG)A. You can charge the keeper for storage of the car from the deemed date of delivery of your letter - I would recommend using the rates in https://www.legislation.gov.uk/uksi/2008/...ion/5/made. Also inform them you will be charging them for removal of the car at the rates from https://www.legislation.gov.uk/uksi/2008/...ion/4/made. If they collect the car then they will be liable for the storage costs to the date of collection which will hopefully allow you to cover your costs. If they don't collect the car, you can sell it (if it is a junker then I would suggest a scrap yard who will come to collect it for free). You can keep the costs for storage/removal from the sale of the car and then send the remainder, along with a statement of account to the keeper.

    1
    0

    I forgot to say, if it is an expensive car then you should check if there is a hire purchase agreement in place before selling it.

    0
    0

    Go to: the Gov uk website and search for Abandoned vehicle.

    This is what Berkshire County Council say:

    Report an abandoned vehicle

    Before reporting an abandoned vehicle, please check to see if you think the vehicle really is abandoned. A vehicle is abandoned if one or more of the following applies:

    • It has been stationary for a long time (at least 3 weeks)
    • It is burned out, significantly damaged, run down or not safe to drive
    • It has no keeper on the DVLA's database and is untaxed - you can check if a vehicle is taxed on the DVLA website.
    • It has number plates missing

    Vehicles that are parked inconveniently are not classed as abandoned vehicles unless they meet the criteria above. If the vehicle is causing an obstruction, please report it to the Police or by calling 101.

    Dealing with untaxed vehicles which are not considered to be abandoned is the responsibility of the DVLA. You can report it on the DVLA website.

    0
    0

    For future reference, Property Tribes has an excellent video by landlord and tenant solicitor David Smith on this related topic:


    1
    0

    Of course if someone else moved it to the public highway.....

    3
    0

    I was told (years ago) it depends if you are on the road and want to get *onto* your drive, or if you're on your on your drive and want to get *off* onto the road, one case is illegal - the other isn't.

    from https://singletrackworld.com/forum/topic/...ay-access/  "When the police have been out to my drive when it’s been blocked by people they’ve always been very helpful but I was told by them (twice by different people) that it’s only an offence if your cars on your drive and you want to leave and cannot." If it's stopping your tennant getting his car out of the garage it sounds like the police need to take action.

    Check the car doors are locked, I've been blocked in before and found one of their car doors wasn't locked so we just took the handbrake off and pushed it so it wasn't blocking our driveway.

    0
    0

    Great minds think alike

    0
    0

    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    For reference. If you have a car in the drive way and another car parks across the opening to the road you can call the police and they have to removed it as the law is its causing an obstruction. However if you have no car in the drive way and some parks across the drive way you can do nothing about it. As they are parked on a public highway. That's what many people do not realise.

    0
    0