Council impounds an abandoned vehicle - what can be done?
Discussion
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
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
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.- selling them at an auction
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.
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
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
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