Claiming parked cars?
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Discussion

ADL

Original Poster:

7,948 posts

269 months

Thursday 12th February 2004
quotequote all
At work there have been several cars left in the carparks for inexcess of three months without moving. What is the procedure for getting a locksmith out to break in/ change the locks and apply for ownership via the DVLA?
I am only asking as a few of the cars must be worth a few bob, do you have to trace the owners?
Many thanks for any help Alex.

dontlift

9,396 posts

276 months

Thursday 12th February 2004
quotequote all
Might be worth searching the forums, I remember a similar question being asked some six months back and several detailed replies

Here it is:

[url]www.pistonheads.com[/url]

On second thought best not put a link in to that thread...

>> Edited by dontlift on Thursday 12th February 15:00

>> Edited by dontlift on Thursday 12th February 15:09

paolow

3,256 posts

276 months

Thursday 12th February 2004
quotequote all
ADL said:
At work there have been several cars left in the carparks for inexcess of three months without moving. What is the procedure for getting a locksmith out to break in/ change the locks and apply for ownership via the DVLA?
I am only asking as a few of the cars must be worth a few bob, do you have to trace the owners?
Many thanks for any help Alex.


this has been covered, do a search on 'V62' and you should get some answers. note that a good locksmith will be able to make you up a key from the code on the barrel IIRC, so you wont even need to change the locks (unless for security reasons).

Dwight VanDriver

6,583 posts

262 months

Thursday 12th February 2004
quotequote all
What you suggest is bordering on Theft as any assumption by a person of the rights of an owner amounts to an appropriation unless of course there is absolute evidence that the true owner has ceased to have any interest in the vehicle. By an abandonment in the Car Park, it could be said that ownership of the vehicles then passes to the owner of the Car Park.

Local Authority can take action to remove abandonded vehicles from any land in the open air under Refuse Disposal (Amenity) Act 1978, and then only after following certain procedures in relation to notices etc.

To be legal if you have an interest, have Security at Works any information on who the owners are? If so approach the owner/s and do a deal. Likewise you can ask DVLA to supply what details they have on file under the various VRM"s at a cost (think a fiver a time)and then follow that route. Word of caution - only deal with people that have a Reg Doc for the vehicle.

If owners cannot be ascertained then back to LA and if they uplift they may repeat may sell before crushing.

DVD

ADL

Original Poster:

7,948 posts

269 months

Thursday 12th February 2004
quotequote all
I only ask as I remeber someone doing this either in a paper or tv programme.

kenp

654 posts

266 months

Friday 13th February 2004
quotequote all
I suspect that this a not a criminal law issue but a tort. Being a works car park there would be an implied licence for visitors (as there is for anybody coming to your front door) to enter the land. The owner has the right to withdraw such a licence at any time ('get off my land!'). Thereafter the issue is one of trespass and it is open to the owner to use reasonable means (including force ) to abate the trespass.
Trespassers are also liable for damages (the trespass per se is regarded as a 'damage to land')

>> Edited by kenp on Friday 13th February 00:01

andrew54

109 posts

261 months

Friday 13th February 2004
quotequote all
Dwight VanDriver said:
What you suggest is bordering on Theft as any assumption by a person of the rights of an owner amounts to an appropriation unless of course there is absolute evidence that the true owner has ceased to have any interest in the vehicle. By an abandonment in the Car Park, it could be said that ownership of the vehicles then passes to the owner of the Car Park.


What is the procedure if you find a fiver on a private car park? Is a car really any different?

echo

178 posts

260 months

Friday 13th February 2004
quotequote all

If you take reasonable steps to find the owner - ie police / dvla and you can't find them - then it's abandoned on your property and you can do what the blazes you want with it.

Dito with the fiver - no theft - no criminal law involved.

g_attrill

8,493 posts

264 months

Friday 13th February 2004
quotequote all
andrew54 said:

What is the procedure if you find a fiver on a private car park? Is a car really any different?





Finding money is slightly different - you would assume it has been unintentionally left there, as opposed to abadoned or hidden in the case of "buried treasure".

Parker v British Airways Board (1981) ruled that lost property does not necessarily become the property of the land owner if the area is routinely open for public access:
www.kevinboone.com/lawglos_Parker_v_British_Airways_Board_(1981).html

This article is pretty good discussion on finders/keepers:

www.kevinboone.com/findapenny.html

Gareth


>> Edited by g_attrill on Friday 13th February 14:56

echo

178 posts

260 months

Friday 13th February 2004
quotequote all
If you take reasonable steps to find the owner then there is no offence. Fiver or car.

Neither have you acted dishonestly nor have you intended to permanently deprive

icamm

2,153 posts

278 months

Friday 13th February 2004
quotequote all
echo said:
If you take reasonable steps to find the owner then there is no offence. Fiver or car.

Neither have you acted dishonestly nor have you intended to permanently deprive
If they have been left there for a while with noone reporting them it may even be that they are stolen.