Council impounds an abandoned vehicle - what can be done?
Council impounds an abandoned vehicle - what can be done?
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Discussion

tapkaJohnD

Original Poster:

2,000 posts

233 months

Sunday 3rd December 2017
quotequote all
This thread was about a classic car that was to be impounded by the council, no doubt to be crushed.
https://www.pistonheads.com/gassing/topic.asp?h=0&...
It wasn't, it was taxed, tested and insusred, completely road legal, so they exceeded their powers! (See below)

But what can be done if the vehicle is impounded, but is restorable and desirable? (I'd include a Vitesse - some wouldn't!)
The Gov.co.uk page https://www.gov.uk/guidance/abandoned-vehicles-cou... says:
"You [The Council] can dispose of abandoned vehicles if any of the following apply:
- the vehicle is only fit to be destroyed
- the vehicle has no number plates or tax disc (even an expired one) and is not taxed
- you can’t find the owner or the owner fails to comply with a notice to collect the vehicle
If you find the owner you must give them 7 days’ written notice and the chance to collect the vehicle before you can dispose of it. You must return a vehicle to its owner if they claim it and pay the costs of removal and storage.

You can dispose of abandoned vehicles as you see fit, including by:

- selling them at an auction
- destroying them at authorised treatment facilities
If you sell a vehicle, owners can claim the money raised up to a year afterwards (minus your removal, storage and disposal costs).

So there is a provision for the Council to sell the vehicle, but what is the primary legislation that gives them these powers?
Does anyone in the School of Law, Faculty of PistonHeads U. know?

John

TooMany2cvs

29,008 posts

155 months

Sunday 3rd December 2017
quotequote all
Gov.uk said:
You can dispose of abandoned vehicles as you see fit, including by:

- selling them at an auction
There y'go, then. Persuade the council to auction it, and bid for it.

tapkaJohnD said:
So there is a provision for the Council to sell the vehicle, but what is the primary legislation that gives them these powers?
<shrug> Does it matter?

Nobody's saying they can't sell it to you, if you want it. They don't have to, but they can.

tapkaJohnD

Original Poster:

2,000 posts

233 months

Sunday 3rd December 2017
quotequote all
Knowing the law is ALL, when dealing with local councils!
John

Riley Blue

23,205 posts

255 months

Monday 4th December 2017
quotequote all
tapkaJohnD said:
Knowing the law is ALL, when dealing with local councils!
John
The same could be said about dealing with a dispute with any corporate body.

Yertis

19,707 posts

295 months

Monday 4th December 2017
quotequote all
Riley Blue said:
The same could be said about dealing with a dispute with any corporate body.
Or, as I have found in recent dealings with my law-student daughter, anybody.

tapkaJohnD

Original Poster:

2,000 posts

233 months

Monday 4th December 2017
quotequote all
I'm informed that the relevant legislation, for a Council removing an 'abandoned' vehicle is the Refuse Disposal (Amenity) Act 1978, or the Police and a car on the road, the Road Traffic Regulation Act 1984.

They are not obliged to destroy the vehicle (compare scrappage schemes), but will wish to dispose of it as quickly and cheaply as possible, so rapid action might be needed to save a car so impounded.

John