Unfair removal notice?

[munky30]

I have a car that is off the road being rebuilt.

 

Its parked in a space in the residents car park for my street, which is never full or even close so its not taking a space that would otherwise be used. It is however council owned land.

 

Its currently got no front suspension and is sat on its wheels with no interior.

 

But it is secure, has all windows intact, no sharp edges, is no danger to anyone and has tax, mot and insurance.

 

Today it had a removal notice put on it...

 

What do I do? I've called the number on the notice and am waiting for a call back (after bank holiday weekend)... Surely they cant take it away if its taxed etc?

 

Fair enough if it had no windows or loads of sharp edges or something, but externally it is a complete car.

 

One of the locals has been using the car park to dump loads of sh** lately which was removed the other day.

 

I was told by a neighbour that the police were sniffing round my car at the time but figured as its all legal they wouldnt do anything... then this happens.

 

So I assume they reported it as dumped (its too much to expect them to use their anpr system to actually check to see who's it is and ask me about it, obviously)...

 

Hopefully the council will get back to me and I'll be able to explain its being rebuilt and that will be the end of it but the chap on the phone today asked about its 'state of repair' and I had to say its in the process of a rebuild.

 

So I'm worried they'll claim its in a state of disrepair and can be removed under the 'clean neighbourhoods and environment act' (mentioned on the removal sticker).

 

Also... Just out of interest...

 

Its insured for the next two months, and taxed until the end of the 5th month. Does it have to be insured to be legal or does it just have to have tax?

 

I was planning on getting a new tax disc before the insurance runs out (as you need ins. to get tax) then letting the insurance and mot expire.

 

I know if its on 'the road' it needs to be insured, but its in a (council owned) residents car park so does the insurance thing still count? Same goes for MOT?

 

If not... I need to find a garage to rent.

 

Or... is there such a thing as off road car insurance? A 0 mile policy or something like that?

 

(which would be a good idea anyway where I live... I wouldnt want one of the local feral children to run across the roof or throw a brick through the window, hurt themselves in the process and then sue me)

 

Thanks in advance, I'm very worried about this as I was planning I rebuild that will take 6 months + but now, thanks to some jobsworth I have this to worry about.

[Helford]

A quick response!

 

Motor insurance (Tax and MOT) is compulsory on any vehicle regardless of whether it is a 'runner' or not if it is on the public highway. The Road Traffic Act stipulates that the public highway includes private land where the public have access.

 

So, yes the car must be insured against third party risks (Taxed and MOT'd).

 

H

[munky30]

balls... guess I need to find a garage.

 

But, it is still taxed, mot'd and insured now (and for the next two months) so surely they cant take it away (yet)?

[munky30]

anybody?

 

I understand that once the insurance, mot and tax expire I will need to find a garage to store the car... but I really could do with some ammo to use when the council get back to me on tuesday in reference to the removal notice.

 

Its taxed, mot'd, insured, secure and safe... albeit immobile, stripped and looking sorry for itself...

 

But surely a legal car that doesnt work is still a legal car?

[Helford]

Hi Munky,

 

I appreciate that the vehicle is legal, but I regret to say that you are missing the point here.

 

By your own admission, the vehicle is in a sorry state and it is this fact alone that is prompting their action.

 

See the regulations here:-

 

https://www.opsi.gov.uk/acts/acts2005/ukpga_20050016_en_1

 

Regards.

[green_and_mean]

If its on Council property they may have a policy about working on or repairing vehicles on the street sometimes its against your tenancy or lease terms.

[munky30]

Well... I'm not actually working on it at the moment. I havent had time for a few weeks.

 

Externally it is a complete vehicle so 'sorry state' is a bit of a misleading term.

 

 

Just a car, parked in a car park... Admittedly it doesnt drive, but thats not the point. Its not dangerous, its not leaking fluids or anything, it just doesnt work and has no interior...

 

That in itself surely doesnt justify it being removed as abandoned?

[robin9342]

Notify the council, in writing, that your vehicle is taxed, insured and MOT'd and that you have not abandoned it. Include copies of the documents to prove it. Also include some photos to prove the vehicle is not in a dangerous condition. If you can, get a value too.

 

Then, if the council do remove/destroy your vehicle, they will be liable to compensate you.

[munky30]

well...today I re-fitted the front suspension (so the front wheels are now attached) and put a drivers seat and dials in the interior.

 

When they put the notice on it, my mates identical car was parked next to it, in the same state but with a drivers seat, dials and front suspension... there was no notice on his car.

 

I contacted the 'abandoned vehicles officer' at the council today but they were busy and I havent had a call-back yet.

 

I have taken some pics and they will be developed tomorrow to be attached to the letter I will be sending with photocopies of all my documents, asking why I was targetted for this removal notice and requesting it be removed and my LEGAL car left alone....

 

I wont let this go without a fight... grrrr

[munky30]

Update>

 

I re-attached the front suspension and thus the front wheels, bolted an old seat in the drivers position and balanced a set of dials on the steering column.

 

Then called the council abandoned vehicles officer and asked her to re-appraise the cars status.

 

The next day she came round and looked at it.

 

Got a call 10 minutes later saying the notice had been lifted and it was fine to stay there as it is until the tax etc runs out.

 

Yay me.

[robin9342]

Result

[green_and_mean]

anybody?

But surely a legal car that doesnt work is still a legal car?

 

Update>

 

I re-attached the front suspension and thus the front wheels, bolted an old seat in the drivers position and balanced a set of dials on the steering column.

 

Not sure its legal to have no wheels and the speedo balanced on the steering wheel, lol! You had better get cracking before the tax runs out and they come around again.

[munky30]

It had wheels... (see my post with pic above ^^^^)... But without front suspension the entire front end was resting on those wheels, which werent attached to anything.

 

So I can see their point that it could be considered dangerous as they thought it could fall off the wheels or something (even though it wasnt, it was solid as a rock).

 

But they have their guidelines... Hence re-attaching the front wheels.

 

I checked with the local council's abandoned vehicles policy and it mentioned such things as exterior/interior mould, vegetation under the car, the car being un-driveable, etc...

 

So I made it 'driveable', put all the essential elements of a car in it such as dials, seats etc and swept the leaves out from underneath it... I even left the front wheels at full lock so they could see clearly that they were attached.

 

My argument that 'It is a road legal track car and thus has no interior... just because the engine doesnt work doesn't mean its abandoned. Its not my fault I have to save up to fix the engine... I work hard for low wages with a family to support... yadda yadda blah blah sob sob' seemed to work.

 

And yes, the clock is ticking, work has begun. All the docs run out at the end of May.

 

There isn't a snowballs chance in hell it will be finished by then, but I WILL have found a garage to rent.