Car towed by council?
Discussion
Nothing to do with the Police so apologies if I've posted this topic in the wrong forum.
A car belonging to my Step-son, who is away in the army, recently broke down in a 'beyond repair' fashion. As there was insufficient space for a third car on the drive and no parking in front of our house it was put 100 yards around the corner, free of parking restrictions and in front of nobody's house.
While we were looking into the possibility of a donor engine it suffered an attempted break in, where the top of the door had been bent out. Once this happened we decided that it was best to scrap it. One day we strolled round to look at taking some parts off to make a little money back ebay stylee to find it had gone with broken glass where it was. So naturally we reported it stolen, not bothering with claiming on insurance as we were scrapping it anyway so would not be worth the effect on next years premium. And that, we thought, was the end of that.
However a little over a week later we received a letter from the council saying they had removed the car after a member of the public had reported it abandoned. They are looking to get £105 for the lift and £12 per day for storage up to 14 days. After the 14 days we would be charged £50 for the privilige of having it crushed. All this with the usual threat of prosecution for non-payment etc.
When asked why no contact was made with the registered keeper before it was towed they said "We put a notice on it and no one replied after a few days so it was towed, also it looked like it had been stolen".
Can they do this? Surely they'd have to check with the police if they thought it had been stolen to see if it had been reported as such (which it hadn't at the time of towing)? Is it really illegal to park a taxed, insured and MOT'd (although admittedly immobile) vehicle in an area with no parking restrictions without returning to it every couple of days?
Anything anyone might know on this subject would be greatly appreciated before I speak to them, so far only the lovely Mrs Bikes has spoken to them and she's softer than me!
Cheers gang,
Darren.
What really? I'm only assuming the tax disc itself wasn't stolen during the attempted theft. No mention was made of it in the letter so I guess it was still there.
Speaking of the letter, I'm currently trying to figure out how to post a link to it so that PHers can read the original?
Fskers!Please please please likebikes, sue the arse off the bastards for theft.
I know this will grate with some people on "compensation claiming" but it's the council, they think they are the law, they need bringing down a peg or 20. If nobody challenges them, they just keep going, getting worse and worse.
Give em sh!t every which way you can.
I know this will grate with some people on "compensation claiming" but it's the council, they think they are the law, they need bringing down a peg or 20. If nobody challenges them, they just keep going, getting worse and worse.
Give em sh!t every which way you can.
Under Section 3 Refuse Disposal (Amenity) Act 1978 LA Council have power to remove any vehicle which it appears to them to have been without lawful authority abandoned on any land forming a highway but before doing so must comply with requirements under the Act and Removal and Disposal of Vehicles Regs 1986 regarding fixing of notices to owner of its intention to do so. There is a time scale for removal to almost immediate if fire/danger risk.
Unfortunately I do not have the full Act/Regs to see just exactly what the full legal procedure for doing so is as outlined at Law.
One can only suggest a visit to LA involved and get them to explain the authority for removing the vehicle and their procedure at law. It does not appear from what I have that notice goes by post to the keeper as recorded at DVLA ( as under other removal procedures) but notice stuck of the car sufficient, but I could be wrong.
If one can identify a breach of the procedures then obviously one could refute the charges and if vehicle destroyed claim on the Council's Insurance.
This is an area that LA have been tightening up on in view of the poor price now paid for scrap vehicles and increasing number of owners who park up such vehicle and walk away so it will be a very lax Council if they have got it wrong.
dvd
Unfortunately I do not have the full Act/Regs to see just exactly what the full legal procedure for doing so is as outlined at Law.
One can only suggest a visit to LA involved and get them to explain the authority for removing the vehicle and their procedure at law. It does not appear from what I have that notice goes by post to the keeper as recorded at DVLA ( as under other removal procedures) but notice stuck of the car sufficient, but I could be wrong.
If one can identify a breach of the procedures then obviously one could refute the charges and if vehicle destroyed claim on the Council's Insurance.
This is an area that LA have been tightening up on in view of the poor price now paid for scrap vehicles and increasing number of owners who park up such vehicle and walk away so it will be a very lax Council if they have got it wrong.
dvd
Sorry took so long to get back.
Car had been there for three to four weeks (if that) and the damage about a week or so before it went. We reported the car stolen on the 10th and the council reckon they attached a notice on the 8th. I just can't believe a completely legal car can be stolen by the council on the basis that its damaged with <48 hours notice.
Lets say you go to Australia for a month, someone attempts to break into your £20k car they day after you go, a fortnight later the local busybody reports it abandoned and hey presto you get a dirty great bill on your return! This is just another tax, thieving b@stards!!
...and breathe
splatspeed said:
if it has a tax disc on it they cant touch it
on the road
you can sue them for taking it
I'm not defending the Council but I'm pretty certain this is not correct. They can treat a taxed vehicle as if it was abandoned, if other factors suggest it is, in fact, abandoned.
I would assume a council is under an obligation to not nick or damage your property, we are looking at an Article 8 Issue here. They would I assume in order to successfully defend a claim for conversion (you can't do the council for theft as they will not have been a Dishonest appropriation) of your goods, have to show that the action they took was proportionate to the aim. To stick a post it on the car is clearly no good, if the car was not secure, anyone could have taken the notice away............ I would assume they would required to take reasonable steps to locate the owner/keeper (i.e. a quick DVLA job) and give you notice that it was to be removed.
Soooo, I would personally be asking them what they are playing at, and if the car has been destroyed, ask for the value of the vehicle back, including the tax, and MOT and Insurance (Pro-rata).
I agree that councils are acting like little hitlers and tend to act well beyond their authorities. That is what Judical Review is for !
Soooo, I would personally be asking them what they are playing at, and if the car has been destroyed, ask for the value of the vehicle back, including the tax, and MOT and Insurance (Pro-rata).
I agree that councils are acting like little hitlers and tend to act well beyond their authorities. That is what Judical Review is for !
likesbikes said:
Lets say you go to Australia for a month, someone attempts to break into your £20k car they day after you go, a fortnight later the local busybody reports it abandoned and hey presto you get a dirty great bill on your return! This is just another tax, thieving b@stards!!
Well, there's a lesson here - don't leave your car parked on the street for a month while you go to Australia.
jasandjules said:
I would assume a council is under an obligation to not nick or damage your property, we are looking at an Article 8 Issue here. They would I assume in order to successfully defend a claim for conversion (you can't do the council for theft as they will not have been a Dishonest appropriation) of your goods, have to show that the action they took was proportionate to the aim. To stick a post it on the car is clearly no good, if the car was not secure, anyone could have taken the notice away............ I would assume they would required to take reasonable steps to locate the owner/keeper (i.e. a quick DVLA job) and give you notice that it was to be removed.
Soooo, I would personally be asking them what they are playing at, and if the car has been destroyed, ask for the value of the vehicle back, including the tax, and MOT and Insurance (Pro-rata).
I agree that councils are acting like little hitlers and tend to act well beyond their authorities. That is what Judical Review is for !
Yes please do this!
This is the second time I’ve read about an incident like this on these forums. While I’m sure no one wants to see burnt out and stolen cars on the streets, it should be an obligation to contact the owner! What’s wrong with these people? I suspect they don’t care which is why it’s important to push as far as you can on this issue.
deva link said:
Lets say you go to Australia for a month, someone attempts to break into your £20k car they day after you go, a fortnight later the local busybody reports it abandoned and hey presto you get a dirty great bill on your return! This is just another tax, thieving b@stards!!
Well, there's a lesson here - don't leave your car parked on the street for a month while you go to Australia.
Cheers gang, obviously can't do much until Tuesday but I'll let you all know what happens.
deva link said:If the car is still there when you get back it could have brand-new double yellow lines painted most of the way under it and a parking ticket affixed to the windscreen (newspaper report I read sometime in the past two weeks) - Streaky
Lets say you go to Australia for a month, someone attempts to break into your £20k car they day after you go, a fortnight later the local busybody reports it abandoned and hey presto you get a dirty great bill on your return! This is just another tax, thieving b@stards!!
Well, there's a lesson here - don't leave your car parked on the street for a month while you go to Australia.
streaky said:
Lets say you go to Australia for a month, someone attempts to break into your £20k car they day after you go, a fortnight later the local busybody reports it abandoned and hey presto you get a dirty great bill on your return! This is just another tax, thieving b@stards!!
Well, there's a lesson here - don't leave your car parked on the street for a month while you go to Australia.
Ist latest craze - have seen this a few times in press now.
I would be inclined to write to council explaining what happened und why it had to be left where it was. Owing to trip - was not opportunity to tow to a garage und car was taxed und legally parked in any case. Thus it had a "right" to be there und as such you see no reason to pay them anything. Und do check out legal advice on a freeby initial or CAB wallies over this who may put you in touch with a free drop in centre for legal advice which I believe exists in the "bigger 'burbs"
streaky said:
If the car is still there when you get back it could have brand-new double yellow lines painted most of the way under it and a parking ticket affixed to the windscreen (newspaper report I read sometime in the past two weeks) - Streaky
Most of the way's OK - they won't be enforceable
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