Is it within my rights to get an abandoned vehicle removed from my driveway when the owner refuses to do so?

[Ragesloth]

I agreed to let someone have use of my driveway for a few months. His small van has been there for 6 months now. Recently hunted him down and he's refusing to move it. Is it within my rights to get it towed to the side of the road or at least to the vehicle's registed address? The vehicle was untaxed as of 6 weeks ago, last MOT 2 years ago. I think this counts as abandoned, I gave him a one week ultimatum saying if he doesnt move it by that time, then I will.

Thanks.

 

[fisicx]

Your property so you can do what you like. Drag it to the side of the road and report the vehicle as abandoned to the local council.

 

[WaveJumper]

I would do exactly the above and if you leaving it blocking something the council are pretty swift on getting it cleared ...... but far be it for me to suggest leaving it in the middle of the road

 

[fisicx]

Leave it outside a school or on a bus stop. Won't be there for long.

A long time ago I knew someone who towed a bunch of abandoned vehicles to the entrance to the council offices. Seem to recall some hefty fines for the vehicle owners.

 

[WaveJumper]

Lets just say (I am not for one minute suggesting it was me) but with the problem of getting recovery trucks into multi storey car parks pushing the vehicles out onto a duel carriage way seems to get them cleared pretty quick.......... just make sure you know where the cctv camera are ?

 

[Fagin2021]

I recall reading a couple of articles about this situation somewhere. I think the gist was that, whatever you do, avoid damaging the vehicle as that might count as criminal damage. I could be quite wrong but it's worth checking.

 

[The Byre]

I gave him a one week ultimatum saying if he doesnt move it by that time, then I will.

In which case, if you move it to the highway, you will be the person who has abandoned the vehicle.

It is abandoned goods and as such, you have the obligation of due care. You agreed to care for the vehicle for a few months - that was a contract. If the number of months was unspecified, it becomes open to interpretation of what a few means. I would suggest that six months is already more than a few.

You can issue him with due notice that after six months, you are going to charge him a rental fee for the vehicle. I suggest that whatever is normal for private parking in your area - perhaps £5 a day. If he fails to pay or states clearly that he is refusing to pay, it becomes a tort and you can issue a claim with the Small Claims Court.

 

[Gyumri]

You agreed to care for the vehicle for a few months - that was a contract.

I'm not sure that can be correct as there is no consideration being provided. The OP offered to do a favour. It is merely a gratuitous promise- the same as if I promise to give you a lift to work every day. I'm free to change my mind unless you've acted to your detriment in relying on my promise. In that case you may be entitled to claim compensation if you've suffered a loss.

 

[The Byre]

I'm not sure that can be correct as there is no consideration being provided.

Assuming English law applies here, you are correct, but only IF there was no consideration. And a consideration must necessarily mean financial consideration. "I'll leave the keys and you can use it in the meantime." would be such a consideration.

The obligation of due care still applies.

 

[simon field]

Assuming English law applies here, you are correct, but only IF there was no consideration. And a consideration must necessarily mean financial consideration. "I'll leave the keys and you can use it in the meantime." would be such a consideration.

The obligation of due care still applies.

Once it’s off his premises, who’s obligation is it?

 

[Newchodge]

Once it’s off his premises, who’s obligation is it?

Primarily it would be the responsibility of the person who moved it, in terms of abandonment, obstruction etc. The owner would be responsible for it not being taxed or insured.

 

[The Byre]

The owner would be responsible for it not being taxed or insured.

I must admit that much of UK traffic laws remain a clouded mystery to me, especially as far as insurance and liability for insurance is concerned - but AFAIK, the person deemed to be in charge of a vehicle on the highway is responsible for compliance with all laws. Therefore, if I pick your car up without your permission from a private driveway and plonk it down on the highway, I am the person in charge of the vehicle and must ensure that it is taxed and insured.

I cut my teeth on this issue in Germany where we often had to move the cars of idiots blocking our trucks in at the back of concert halls when we were putting up all the gear for a show. There and here in the UK, if you move a car without the owner's permission, you become fully responsible for the damn thing.

Fortunately, in Germany, there is the additional misdemeanor of the crime of Nötigung (deliberately creating a nuisance) and blocking someone in when they are going about their business can constitute such a minor offense.

And a consideration must necessarily mean financial consideration. "I'll leave the keys and you can use it in the meantime." would be such a consideration.

I missed out the magic word NOT - as in "And a consideration must NOT necessarily mean financial consideration."

 

[Newchodge]

Therefore, if I pick your car up without your permission from a private driveway and plonk it down on the highway, I am the person in charge of the vehicle and must ensure that it is taxed and insured.

How can you do that? You cannot insure someone else's property for your own benefit!

 

[The Byre]

If I borrow your car for a month and I otherwise have no insurance cover, then I can take out separate insurance for that car. I do not have to be the registered owner of an object to be under an obligation to have it insured.

 

[Newchodge]

If I borrow your car for a month and I otherwise have no insurance cover, then I can take out separate insurance for that car. I do not have to be the registered owner of an object to be under an obligation to have it insured.

But, in that situation you will have the full details of the owner and reegistered keeper.

 

[MOIC]

I agreed to let someone have use of my driveway for a few months. His small van has been there for 6 months now. Recently hunted him down and he's refusing to move it. Is it within my rights to get it towed to the side of the road or at least to the vehicle's registed address? The vehicle was untaxed as of 6 weeks ago, last MOT 2 years ago. I think this counts as abandoned, I gave him a one week ultimatum saying if he doesnt move it by that time, then I will.

Thanks.

Call the local used car spares supplier.

Give him 7 days notice of what you're doing, if you feel generous.

 

[Gyumri]

You agreed to care for the vehicle for a few months - that was a contract

I think in this case it's a simple revocable licence rather than any agreement allowing the neighbour to park on the OP's driveway.

I don't think there is any chance of the OP hurrying to repeat the experience.

 

[Ragesloth]

Your property so you can do what you like. Drag it to the side of the road and report the vehicle as abandoned to the local council.

unfortunately nobody will towe it without me having legally claimed ownership of it. So the only option is for me to scrap it after claiming it.

 

[The Byre]

This website might help you - https://www.gov.uk/guidance/abandoned-vehicles-council-responsibilities

 

[fisicx]

unfortunately nobody will towe it without me having legally claimed ownership of it. So the only option is for me to scrap it after claiming it.

A couple of dollies under the wheels and push it out the drive. I’d come do it for you if you lived close by. All you need to do is get it on the road and parked.

 

[Ragesloth]

This website might help you - https://www.gov.uk/guidance/abandoned-vehicles-council-responsibilities

It does say including private land, but I tried the council multiple times and they refused. Also tried the police from several angles

 

[Ragesloth]

A couple of dollies under the wheels and push it out the drive. I’d come do it for you if you lived close by. All you need to do is get it on the road and parked.

its a small van, the tyres are flat, and its an uphill path to the road from my drive sadly.

 

[The Byre]

Looking at the problem from all sides, the only real answer I can come up with is to have the vehicle beaver-tailed to the owner's property and leave it there. Do you have access to a decent towing vehicle and someone with a nice big trailer? Or better still, someone with a breakdown vehicle?

P.S. If he fails to pay for the moving of the vehicle, the Small Claims Court beckons!

 

[fisicx]

its a small van, the tyres are flat, and its an uphill path to the road from my drive sadly.

Pump the tyres up and tow it using your car (or a mates care)

 

[The Byre]

Pump the tyres up and tow it using your car (or a mates care)

Tax and insurance?

 

[Fagin2021]

If the van is open it would be a great shame if, late at night, some unknown person placed a large, homophobic, racist message in the windscreen which you had to report to the police.

 

[Ragesloth]

Tax and insurance?

Even If I immediately report it as abandoned to the council would I still be in trouble due to the expired mot, insurance and tax?

 

[The Byre]

Even If I immediately report it as abandoned to the council would I still be in trouble due to the expired mot, insurance and tax?

As it is not on the road right now, no. If you get caught towing it, the person at the wheel - yes! If you dump it on the highway, inc. in front of where he lives, yes. In his driveway - no.

If you cannot move it legally and the council is digging its heels in when it comes to disposal, you are going to have to get a court order to have the owner move it. Whether that will do any good is another matter!

If it were me, I would pick the bloody thing up with a tractor at two in the morning and dump it in the middle of the road a mile or two away - but then I live in the Boonies, miles from anywhere!

 

[Newchodge]

Sell it as abandined in your property. New owner contacts DVLA for a replacment log book, DVLA will contact the owner to tell them it has been sold as abandoned and the owner can claim it back from the new owner if they wish to do so.

 

[The Byre]

Sell to whom? Scrappies are not allowed to take them without a logbook - or whatever that piece of paper is called nowadays.

 

[fisicx]

Tax and insurance?

It’s being towed. Not your problem. Once parked on the road it becomes the problem of the registered keeper.

 

[Newchodge]

Sell to whom? Scrappies are not allowed to take them without a logbook - or whatever that piece of paper is called nowadays.

Ask the DVLA for a replacment logbook because it has been acquired as abandoned.

 

[fisicx]

@Ragesloth - you are making a big deal out of something that’s very simple. Get some mates round and just move the thing. Dump it somewhere in the middle of the night and run away.

 

[Newchodge]

Get a vehicle log book (V5C)

Get a replacement vehicle log book (V5C) if yours is lost, stolen, damaged, not received for a new vehicle or if you need to update details.

www.gov.uk

 

[The Byre]

Ask the DVLA for a replacment logbook because it has been acquired as abandoned.

Then the vehicle becomes his responsibility! Ouch! (It does however mean that he can legally sell it to a scrappy.)

 

[MOIC]

its a small van, the tyres are flat, and its an uphill path to the road from my drive sadly.

Pump up the tyres, get builders in to level your path, get a new battery, get it cleaned, then drive it to the blokes house.

Or . . . . . sign on windscreen, buyer dismantles, pays, takes the part away and you're money in.

 

[Ragesloth]

unfortunately it has random crap in it, so im quite worried to sell it to a scrappy, could bite me in the ass.
I think I'll be ok now, thanks guys.

btw how the hell do I get rid of whatever this is?

https://imgur.com/J3bdSs1

 

[Newchodge]

unfortunately it has random crap in it, so im quite worried to sell it to a scrappy, could bite me in the ass.
I think I'll be ok now, thanks guys.

btw how the hell do I get rid of whatever this is?

https://imgur.com/J3bdSs1

It's a hairbrush. Bin it.

 

[Ragesloth]

He left it patially raised it up, I mean how do I operate whatever that thing is called. I am motoring ignorant..

 

[The Byre]

He left it patially raised it up, I mean how do I operate whatever that thing is called. I am motoring ignorant..

You contact these people - https://www.nationalparkingcontrol.co.uk/car-park-shop/abandoned-vehicles

They make money by scrapping abandoned vehicles.