Claiming an abandoned car?
Discussion
I know there have been threads in the past, but I can't seem to find them.
The is a Clio outside my flat which has been left for three weeks. It has light front-end damage, is parked very badly, and has been reported to the council by another resident as abandoned. As such, it may well be removed and crushed. It's not a local car, it's not been reported stolen. It is not currently drivable due to the minor damage to headlights and bonnet.
Is there a process for claiming the car if it is indeed abandoned? I remember the question being asked before, but can't recall which way the answer went.
The is a Clio outside my flat which has been left for three weeks. It has light front-end damage, is parked very badly, and has been reported to the council by another resident as abandoned. As such, it may well be removed and crushed. It's not a local car, it's not been reported stolen. It is not currently drivable due to the minor damage to headlights and bonnet.
Is there a process for claiming the car if it is indeed abandoned? I remember the question being asked before, but can't recall which way the answer went.
don't open that one again 
I claimed an old Land Rover once, that was parked near Portsmouth Dockyard.
The car picked up one of those stickers from the Council that said, if it was not removed by a certain date, it would be removed and destroyed.
I contacted the Council, who allowed me to claim the car when their deadline passed.
I had no problem, getting the car registered in my name.
The car picked up one of those stickers from the Council that said, if it was not removed by a certain date, it would be removed and destroyed.
I contacted the Council, who allowed me to claim the car when their deadline passed.
I had no problem, getting the car registered in my name.
fieldl said:
The DVLA will send a letter to the last registered owner. If they do not hear back I think they issue the V5 to the person who requested it.
I'm not sure that this is correct.
Most abandoned vehicles are simply collected by the council, usually after running up some parking fines or a few bills for no tax etc. They then get crushed and that's the end of.
If you were to 'claim' this car and do work on it to get it roadworthy again then if the original owner were to come forwards and prove ownership you'd have no legal title to the car and the orignal owner could take it back. You'd lose all the money you'd spent on it. Although the car appears 'abandoned' it still has an owner somewhere. And they have keys which mean that one of your jobs would have to be having the locks and ignition changed....
Also, do you really want a dubious Clio with crash damage and absolutely NO history of service/ownership/crimes committed in it?
I say make sure the council give it a proper burial and save up and buy one with some history. It'll be cheaper and less painful in the long run.
Interesting one this. How do you get title without a bill of sale? is it really that simple?
Also,
Field said
"The DVLA will send a letter to the last registered owner. If they do not hear back I think they issue the V5 to the person who requested it."
This has been used as a scam by con merchants who intercept the letter sent by dvla to the current registered keeper!
Boosted.
Also,
Field said
"The DVLA will send a letter to the last registered owner. If they do not hear back I think they issue the V5 to the person who requested it."
This has been used as a scam by con merchants who intercept the letter sent by dvla to the current registered keeper!
Boosted.
There must be some way of doing it as I remember watching an undercover report on the TV about Traffic Wardens and some of the things they get up to. One of them involved a motorcycle that appeared to have been abandoned. The warden that had spotted it wheeled it around the corner and put his own padlock on it, in the hope that if the real owner did turn up, he would assume that it had been taken away and crushed. It didn't quite work out for the warden though as the original owner spotted where it had been moved to and reclaimed it. Can't remember what the process was that the warden was hoping to go through to get the bike legally registered in his own name, but it is possible.
planetdave said:
It's a free car Nev.
And once you have title anyone with the keys would be stealing it. However I believe that usually you might just have to have a new set of locks in case the keys aren't in the ignition.
And once you have title anyone with the keys would be stealing it. However I believe that usually you might just have to have a new set of locks in case the keys aren't in the ignition.
No, it's theft.
If the car is left there you can't just assume that no-one owns/wants it. As far as I know there is no way to transfer the ownership of a vehicle legally without the consent of the current registered keeper. That's why you need them to send off their part of the V5 to the DVLA.
Back to the real world: Face it it's a shagged out car with zero value and trying to claim ownership of it will only end in tears/vast expenditure. Give it a proper burial and get it crushed by the council....
fieldl said:
The DVLA will send a letter to the last registered owner. If they do not hear back I think they issue the V5 to the person who requested it.
This is what happens a friend of mine who runs a garage had a range rover dropped off for repair work. The guy seemed a bit low on cash so work was not carried out, 18 months later a mate wants said car writes/applies for V5 and gets it.
If you send off the paperwork requesting issue of a V5, DVLA will write to the current keeper (if any). If they don't respond within (IIRC) 2 weeks then a V5 will be issued to you.
This will make you the registered keeper (with all the associated legal responsibilities), but not the owner.
If you appropriate the vehicle - ie move it, start driving it - basically exercise any property rights over it, but do so honestly, it will not be theft. The Theft Act 1968 specifically states that you are not in law dishonest if you:
honestly believe you have a legal right to, or
believe the owner would consent if they knew of your appropriation and its circumstances, or
believe the owner cannot be found by taking reasonable steps.
Making all reasonable enquiries to locate the owner and get their permission would therefore stop you from being guilty of theft. DVLA will sell you the current keeper details, for a lawful purpose - you can download the paperwork off their website.
This is NOT the same as making you the owner. Very little in English law will transfer genuine title away from a previous owner without their consent. Which means that if someone does turn up in future, claiming to be the owner at the time you took the abandoned car, chances are you will have to return it to them, despite any money you may have spent on it, so be warned...
Obligatory disclaimer - I am not a lawyer (any more!)
Tol
PS (edit)- Thinking about it, of course, it being a conveyance, you'd have to avoid the TWOC offence too. No legal requirement of dishonesty, but a statutory defence of either:
believing you have a legal right to take it
believing the owner would consent to the taking if they knew of it and the circumstances
NO defence of believing the owner can't be located with reasonable steps...!!
This will make you the registered keeper (with all the associated legal responsibilities), but not the owner.
If you appropriate the vehicle - ie move it, start driving it - basically exercise any property rights over it, but do so honestly, it will not be theft. The Theft Act 1968 specifically states that you are not in law dishonest if you:
honestly believe you have a legal right to, or
believe the owner would consent if they knew of your appropriation and its circumstances, or
believe the owner cannot be found by taking reasonable steps.
Making all reasonable enquiries to locate the owner and get their permission would therefore stop you from being guilty of theft. DVLA will sell you the current keeper details, for a lawful purpose - you can download the paperwork off their website.
This is NOT the same as making you the owner. Very little in English law will transfer genuine title away from a previous owner without their consent. Which means that if someone does turn up in future, claiming to be the owner at the time you took the abandoned car, chances are you will have to return it to them, despite any money you may have spent on it, so be warned...
Obligatory disclaimer - I am not a lawyer (any more!)
Tol
PS (edit)- Thinking about it, of course, it being a conveyance, you'd have to avoid the TWOC offence too. No legal requirement of dishonesty, but a statutory defence of either:
believing you have a legal right to take it
believing the owner would consent to the taking if they knew of it and the circumstances
NO defence of believing the owner can't be located with reasonable steps...!!
Edited by Anatol on Monday 17th July 08:15
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