Crosswords1 min ago
'dumped' Car On Private Property
My late Mum`s house has a garage in a block and a parking space at the end of the block which is hidden from view from the entrance to the garages. Someone has left a car in the parking space. I looked on the gov site and the car is untaxed. I phoned the police and they are not interested in it as far as it being stolen, etc. The DVLA say they have no record of it. I left a note on the windscreen to say that if the car is not removed, I will have it towed away. I have done this a couple of times because the notes were being removed. Eventually, the 'owner' left a note telling me not to remove the car as it was his and he lives around here. I couldn`t believe the audacity. Anyway, I left another note telling him that if the car was still there when I got back from holiday (yesterday) I would remove it. Needless to say, it`s still there with another note from the 'owner' who tells me that he is the owner as his name is on the log book and the DVLA are lying. His latest excuse is that he parked it there to stop people fly tipping on the spot and he needs some parts from the car before he removes it. I have been leaving notes since the middle of August so he has had plenty of time. The house is sold and will complete at the end of the month and I have told him (via yet another note) that it MUST be removed as I can`t sell the house with his dumped car on the property. Where do I stand legally if he won`t remove it? A tow away person told me that the window and steering lock would have to be broken to take the car away which could have legal implications.
Answers
You might want to take advice on making a claim through the County Court for trespass with injunctive relief that he remove the car and not return it.
11:40 Fri 16th Sep 2016
Get 4 or 5 men and 'bump' the car out of the parking place and into the middle of the public road. That is what my local pub landlord does when people block his car park with dumped cars. Then phone the police and report that the car is obstructing the road.
'Bumping' a car is easy , you just get 3 or 4 men to lift / bounce the back of the car so that most of the weight is off the rear wheels then just 'bump' or jog it alone until you get it where you want it. It takes less than 2 minutes for the guys at the pub to 'bump' a car out of the way!
'Bumping' a car is easy , you just get 3 or 4 men to lift / bounce the back of the car so that most of the weight is off the rear wheels then just 'bump' or jog it alone until you get it where you want it. It takes less than 2 minutes for the guys at the pub to 'bump' a car out of the way!
Get a handful of strong blokes and shift it 5 or 6 ft over and out of your space and then put something there to stop him moving it back.
Alternatively put another note on it and tell him if it is still there on X date he will have gifted it to you and you will do with it what you want.
I do think (not sure of the legalities) that by engaging him in dialogue for so long you have played into his hands. After all this towing and growing you still don't know who he is or where he lives!!
However as an alternative alternative, on the day of completion move it onto the public highway and call the police about an abandoned car.
Alternatively put another note on it and tell him if it is still there on X date he will have gifted it to you and you will do with it what you want.
I do think (not sure of the legalities) that by engaging him in dialogue for so long you have played into his hands. After all this towing and growing you still don't know who he is or where he lives!!
However as an alternative alternative, on the day of completion move it onto the public highway and call the police about an abandoned car.
This may be a useful read, especially the last 2 paragraphs. Perhaps if Barmaid has a couple of minutes she could give you an opinion on it.
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It seems to me that this car is obstructing you from getting to / from your garage, I would put a rope on it and drag it out of the way, even though the car's Steering may be locked & the handbrake on it will would still drag, should you decide to do the get someone you know to witness you doing it.
In my opinion, you are prohibited from moving the offending vehicle (even a few yards) without a Court Order. To do so could result in yourself being prosecuted because you are Not legally entitled to interfere with the car concerned. Read the following Official Police Link and note the last part of the first paragraph which reads .... "Those who have lawful authority and in fact a duty to remove vehicles from roads or other land include the police, local authorities, traffic wardens, parking attendants and civil enforcement officers".
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It might be worth further contact with the Police and also an approach to your local Authority, along with an e/mail or telephone call to your local Councillor.
Hans.
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It might be worth further contact with the Police and also an approach to your local Authority, along with an e/mail or telephone call to your local Councillor.
Hans.
I do not think 237SJ can remove it - the police wont care and nor will the Council. It has not been abandoned the "owner" is just being a twerp.
I think County Court action is necessary. I would go for action in trespass. I suppose you could go for a possession action against person or persons unknown although I am not sure that the latter would work. I still think an action for trespass with a mandatory order to remove or permission for 237 to remove.
I think County Court action is necessary. I would go for action in trespass. I suppose you could go for a possession action against person or persons unknown although I am not sure that the latter would work. I still think an action for trespass with a mandatory order to remove or permission for 237 to remove.
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