Power of police to remove vehicle from private land - SCOTLAND

[ew23]

My car a few months ago failed its MOT.

 

Until I could decide what to do with it (initially I was looking to rent a garage or lock-up so that I could take it apart and then learn how to do the necessary repairs myself)

 

I parked the car on a private car park, owned by a private individual and leased to the local council in connection with a small council office building, 50 yards away from my home.

 

I let the insurance expire and made a SORN notification to DVLA.

There are more spaces in this car park than are ever used, and there is no doubt that it is not a public car park, but a private one.

 

The only notice up is "Private Car Park", with no tow-away or clamping warning signs.

 

As I am in dispute with the owner of the land over a planning application he is making which will impact on my property, I rather cheekily did not seek anyone's permission to park there.

 

Now the council have asked the police to intervene, and they came calling.

 

I have explained to the police what the score was, and that eventually I would get it moved, but the police officers stated that if I did not, then they would tow it away and charge me.

 

I expressed my certainty that they did not have the power to tow the car away as this was strictly a civil matter, and with all due respect, nothing to do with them.

 

They confirmed that data protection issues meant that they had not passed my details onto the council,

but that if they did not have the power themselves, they would do so on behalf of the council.

 

I again expressed my scepticism as to this claim, but left it that I would speak to the council, and eventually get the car moved.

 

Does anyone have any idea if the police do indeed have the power to tow away and charge me?

 

The police accepted that the vehicle was not abandoned, and it was not in any way a danger to the public,

even if it does look somewhat scruffy in the bodywork department.

 

I am in Scotland.

[marmaris30]

Apologies if I've misunderstood your situation, but the council as lessee have every right to ask for it to be removed if it's there without their permission.

 

If someone had deposited their unroadworthy vehicle on my private property, I think I'd consider it fly-tipping and the police would be my first port of call, or failing that I'd invite a breaker's yard to remove it for free, without taking too much effort to locate the owner, so perhaps you're lucky they've found you and asked nicely to remove it yourself!

[huggy41]

hang on a minute let me park my car on your drive till i can afford to fix it . guess what my 5 year old said you can't do that it's not right, so from a 5year old MOVE IT

[ew23]

I should really have explained more of the background to avoid the previous two answers. The planning application which the owner of the land has lodged is for property immediately adjacent to mine for over-development of flats on that site. He will reclaim the parking area on which my car is situated from the council lease to form the required car parking for the flats, even though it will leave the office parking with less than the required amount, and the council as tenants are playing ball on this. Most importantly he will then expect to take access to my garden ground or the air above it (still my property in Scotland) for the purposes of constructing his flatted development, without any right, title or interest to do so. He cannot build his flats without doing so, and no approach has been made to me for such access.

 

So yes, my unroadworthy car is parked on someone else's land, and I have no right to do, and it could be removed by them (although it probably would be theft), and it is probably not moral, but it is all part of a larger dispute. Yes, the council can ask me to remove it, but what is their remedy if I don't? They are suffering no loss, and no damage is being caused to their property. Obtain a court order requiring me to move it IMHO.

 

My question was, not am I morally wrong, but do the police have the power to do this?

[citizenB]

I have edited your title to reflect your location. The law is quite different in Scotland I think

[scaniaman]

I understand from my local council (scotland), that before they or the police can remove what they perceive to be an abandoned vehicle, they must make every effort to contact the RK and ask them to remove vehicle. There is normally a time limit for the RK to comply, failure to do so allows council to remove vehicle themselves. (Usually scrappie)