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Car SORN awaiting V5 to dispose off council threatening to remove


Rich44
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Ok I'll try to keep this short

 

 

Bought a car, broke down still awaiting the V5 and fully intend to scrap the car but will also remove some parts from it before it goes. In the meantime the car is whole and in tact and looks in roadworthy condition with MOT.

 

 

 

The car is parked on social housing landlord car park and is SORN'd, untaxed but does have current MOT. Have had issues with neighbours and ASB for which I involved the police. They have moaned at the landlord saying the car is "abandoned" to get at me.

 

 

The council came out and put a notice on the car last week:

 

 

Polite Notice

Refuse Disposal Amenity Act 1978 (as amended by clean neighbourhoods and environment act 2005)

Road Traffic the removal and disposal of vehicles and regulations 1984

 

 

Reg*********

Make xxxxxx

 

Model xxxxxxxxxxx

 

Colour xxxxxxxxx

 

Location xxxxxxxxxx

 

 

 

Vehicle reported as abandoned, if you have information relating to this vehicle or are the owner/keeper please contact the environmental protection team at xxxx if no information is received by x July the vehicle may be removed and destroyed

-------------------------------

 

 

That is complete there's no date or other details on the notice.

 

 

 

I emailed them immediately telling them the car isn't abandoned at all and up until today I hadn't heard anything from them. I have emailed them chasing up a reply and just got a curt email from someone with no job title saying contact the landowner yet it wasn't the landowner that put the notice on the car that was the council.

 

 

I have no intention of leaving the car there any length of time, i've submitted a V62 to the DVLA to get the V5 as I haven't had one for the car yet and once I have it i'll get a scrappy to collect it. Unfortunately I hadn't acted as quickly as I could've done due to disabilities and ill health.

 

 

So what's the legalities with removing the car in this way how much time do I have? The car is MOT'd until September but is SORN at present and quite happy to get the car gone as soon as I have the paperwork to do so.

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Its on private property

The council cant touch it without the landowners permission

Have you told the landowner this?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Social housing car park IS NOT private property.

Its akin to sorn-ing your car and parking it on Tesco's.

Park it on your drive.

 

 

If I had a drive it'd be on it we don't even have a road let alone a driveway. Did I mention it broke down, can't remember if I did now or not but either way I can't move it myself. I will scrap it but the local company wants a V5 (not unreasonably) to collect it and it hasn't turned up yet. I've now done a V62 to request one but obviously this takes time hence the question.

 

The note was banging on about it being abandoned that's all it is talking about nothing else and as I have told them it is not abandoned this notice says nothing about SORN nor tax etc it just literally says it's abandoned and for which I was asking advice especially as it's undated too.

 

 

I have since had an email from someone with no job title just a name saying contact the landowner despite the fact it wasn't the landowner that put the notice on the car

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The council cannot take it without the land owners [even if a general one beforehand] permission

 

Same goes for tescos bushy..its private land.

No one even the council can rockup and take it without permission

 

Simply tell the council its not dumped...rich44

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you dx100uk

 

 

So that's all I have to do in relation to the notice? I told them immediately that the vehicle is not abandoned it's parked awaiting the V5 so it can be scrapped and i've emailed the landowner to tell them the same. Hopefully the DVLA will respond quickly to the V62 and can get this gone.

 

 

Thank you

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Just a quickie, got the car without a v5c. How long ago did you apply via v62 to get it?

As they write to Las known keeper and give 28 days to have them reply.

Grace period of 5 working days either side so it could be up to 38 days before they will process a v5c to you

 

Or was it a lost v5c?

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Thanks, it was last week I sent it off. I suppose I might get lucky and one of the other scrappies I have contacted might take it without the full V5C

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same as private parking bushy else councils would do the parking ..its private land regardless

… if notified they cant take it

I think someones being a bit nasty here..

 

other option is let them take

why do you need to use the scrapper rich?

they wont pay you anything for it I bet...same outcome:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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there may be somehting in your tenancy about this but if there isnt then the council will have to rely on s99 of the 1984 Road traffic regulation act that gives them powers to remove ABANDONED vehicle from private land if certain criteria are met.

 

so for example, is it in a condition that may cause danger to someone?

The council has to serve papers in a certain way and without a V5 to show you are keeper you may well be clobbered by the 15 days notice period.

 

it makes me wonder what circumstances the council believe give them cause to think it is abandoned as they will have to show why they thiink that is so and just someone reporting it isnt enough. imagine all those classic car restorers having their garages raided just because their pride and joy is in bits

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