Parking on Private Land and Abandoned Cars
Resources
Introduction
Abandoned vehicles or cars parked in private spaces can be very annoying. If landlords have provided spaces for their tenants, perhaps in the grounds of a block of flats, they would expect for them to be able to park there.
The Local Clouncil will usually remove abandoned vehicles, but there is not much that can be done officially about cars parked on private land. It may be possible to gain the registered keepers details form the DVLA which may assist in finding the right person to speak to. The following sections give more details on what can be done.
Abandoned vehicles or cars parked in private spaces can be very annoying. If landlords have provided spaces for their tenants, perhaps in the grounds of a block of flats, they would expect for them to be able to park there.
The Local Clouncil will usually remove abandoned vehicles, but there is not much that can be done officially about cars parked on private land. It may be possible to gain the registered keepers details form the DVLA which may assist in finding the right person to speak to. The following sections give more details on what can be done.
Parking on Private Land and Wheel Clamping
Unfortunately, there is very little you can do when people park on your private land. The first step would probably be to leave a polite notice on the windscreen informing the owner this is private land – they may not be aware.
Unfortunately, there is very little you can do when people park on your private land. The first step would probably be to leave a polite notice on the windscreen informing the owner this is private land – they may not be aware.
At present, you can employ companies to clamp cars parked without permission, but any one doing this must be licensed by the Security Industry Authority (SIA). The SIA currently licenses any individual immobilising vehicles on private land in England, Wales and Northern Ireland with a view to charging a release fee. It also requires the licensing of anyone involved in blocking in or towing away vehicles for the same purpose, and of those who collect the fee.
This practice is soon to be stopped however. On 17 August 2010, the Government announced that wheel clamping on private land will be banned in England and Wales. The ban was put forward in The Protection of Freedoms Bill, which was introduced into the House of Commons on 11 February 2011. It will come into force when the bill gains Royal Assent, subject to parliamentary approval.
The proposed changes are that:
•The ban will not apply to Northern Ireland.
•The ban will apply to private land only. It will not change existing traffic enforcement by local authorities and police on highways.
•The ban will also apply to towing away and all other forms of vehicle immobilisation. Once implemented, anyone who clamps (or otherwise immobilises) a vehicle or tows it away on private land without specific legal authority to do so will face criminal proceedings or civil sanctions.
•The ban will apply whether or not there is the intention to charge a release fee, though individuals will still be able to clamp or block in their own vehicles (for example, to prevent theft) and bailiffs with the lawful right to do so will still be able to clamp vehicles in lieu of outstanding debts.
There will be very few circumstances in which the authority to remove vehicles will remain and this will only be where there is specific statutory authority. For example, the Driver and Vehicle Licensing Authority (DVLA) will retain the legal authority to clamp or tow away vehicles as part of its work in combating evasion of Vehicle Excise Duty. The Vehicle and Operator Services Authority has similar powers to prevent the use of un-roadworthy vehicles on the road. It effectively stops the use of clamps and removal by anyone other than a statutory body.
Abandoned Vehicles
Abandoned vehicles can be an eyesore and an inconvenience, particularly if parked near your property. They can be also be dangerous and may have been used in a crime. If you think a vehicle has been abandoned, you should report it to your local council. They are responsible for the removal of abandoned vehicles, whether on private land or the public highway. The procedure may vary however, from council to council.
It’s not always easy to tell if a vehicle has been abandoned, but there are number of indicators you can check before contacting the council:
Abandoned vehicles can be an eyesore and an inconvenience, particularly if parked near your property. They can be also be dangerous and may have been used in a crime. If you think a vehicle has been abandoned, you should report it to your local council. They are responsible for the removal of abandoned vehicles, whether on private land or the public highway. The procedure may vary however, from council to council.
It’s not always easy to tell if a vehicle has been abandoned, but there are number of indicators you can check before contacting the council:
•are any of the tyres flat or have any of the wheels been removed
•is there litter or a lot of leaves under the vehicle – this may mean that it hasn’t moved for some time
•is the windscreen or any of the windows broken
•does the vehicle have number plates
•does the vehicle contain items of waste, like tyres, old newspapers, or general rubbish
•have any parts, like the bumper, seats or radio, been removed or damaged
•is there any graffiti on the vehicle
•are there wires hanging from the dashboard because the vehicle has been ‘hot-wired’ (driven without keys by connecting ignition wires together)
You should also check if there is a tax disc on the vehicle and whether it’s past the expiry date. If possible, you should check with your neighbours or local businesses to see if anyone knows anything about the ownership of the vehicle.
Make sure that you don’t enter or touch the vehicle. If it has been involved in a crime, the vehicle will need to be investigated by the police. It may also contain hazardous waste and could be a fire risk.
You can report an abandoned vehicle by contacting your local council direct, or by using an online service via the directgov website – link can be found in the Additional Resources section of this subject.
What the local council can do
The council will investigate whether the vehicle has been abandoned and will check to see whether it has been stolen or involved in an accident. If the vehicle has been abandoned on a road, including private roads and estates, the council will remove the vehicle. If the vehicle is on private land, the council will serve a 15 day notice of removal on the owner/occupier of the land. This is to gain their consent to its removal if its not theirs
If the vehicle is of no value, the council can dispose of it immediately. If it’s considered to be of some value, the council will send a written notice of destruction to the owner. If the vehicle is unclaimed the council can dispose of it.
The council will also work with the Driver and Vehicle Licensing Agency (DVLA) to trace vehicle ownership and impose fines on people who have abandoned a vehicle. Some councils have also been given authority to dispose of untaxed vehicles.
The police have the power to immediately remove any vehicle that is left abandoned in breach of local traffic regulation orders. They can also remove a vehicle that is causing an obstruction or is likely to cause a danger. Councils in London also have this power.
Disposing of your car or another vehicle
It’s illegal to dump a vehicle in the street. If you want to dispose of a vehicle, contact your local council. A number of local councils operate schemes where they will take your vehicle for a fee. The council can also give you information about how to dispose of your vehicle safely and responsibly.
Under European legislation, vehicle manufacturers must provide recycling facilities free of charge. You can find the nearest recycling facility that recycles your brand of vehicle by searching online.
It’s illegal to dump a vehicle in the street. If you want to dispose of a vehicle, contact your local council. A number of local councils operate schemes where they will take your vehicle for a fee. The council can also give you information about how to dispose of your vehicle safely and responsibly.
Under European legislation, vehicle manufacturers must provide recycling facilities free of charge. You can find the nearest recycling facility that recycles your brand of vehicle by searching online.
Requesting owner details from DVLA
If you want to find out information about a vehicle and its owner, you can apply to request this information from the Driver and Vehicle Licensing Agency (DVLA). However, information will only be released if you are entitled to receive it, for example if you can show ‘reasonable cause’ to require it. This is due to Data Protection legislation.
If you want to find out information about a vehicle and its owner, you can apply to request this information from the Driver and Vehicle Licensing Agency (DVLA). However, information will only be released if you are entitled to receive it, for example if you can show ‘reasonable cause’ to require it. This is due to Data Protection legislation.
You use the V888 form to apply for information from the DVLA vehicle records and can find it via the Directgov website – link in Additional Resources section at the end of this subject. Alternatively the form itself can be found in the Additional Resources section.
Download the form from the link supplied and fill it in. The form includes useful guidance notes and information including where to send the form.
