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Another parking thread!(5 Posts)
Hi all, I've just searched the talk archives and can't find this exact problem anywhere, so here goes:
I rent a shop which has its own parking space at the back, accessed by a service road. This parking space is clearly marked on the property deeds and on my lease as belonging to my shop. Based on the actual geography, it is very clearly a private parking space/driveway, so it would be impossible to mistake it for a public parking space.
When is arrived at work today, there was a car parked in the space, and something just looked wrong: it was an expensive car (BMW) but one of the wing mirrors was hanging off, and it had moss etc on the front grille which made it look as if it hadnt been driven for a while, and it was parked at a funny angle. I mentioned it to my assistant and when she had a look she said straightaway "that looks as if it's been dumped," which was also my first thought.
I knocked on the nearby doors to try to find the driver but no luck.
I then phoned 101 and reported it to the police enquiries line. Apparently the car has not been reported stolen; however, according to the DVLA / police records, it is a grey car, whereas the one parked at my shop is dark purple.... (I did double-check the number plate so this sounds like a respray job??)
The police operator said that she tried to contact the registered owner but was unable to do so, therefore it is my problem and I need to pay for legal advice as to how to have the car removed from my property...!!
I'm fuming!!! Aside from not having the funds to do this, is it not a crime to dump a car on private property? Or is this a civil matter? The operator wouldn't discuss this, she just kept saying that she was unable to help me any further and that I would have to deal with it.
So: what are my options? (Assuming that the car actually has been dumped, and the driver doesn't come back and move it). If we push it out on to the highway, and left it by the side if the road, would we be committing a criminal offence?? If we push it out into the service road I'm worried that one of the neighbours might report me for dumping it there!!
Thanks for reading ...
I should add that my landlord will be of no use whatsoever, so I will not be discussing this with her - I know that she will just sigh and tell me that I have to deal with it.
When a car has been abandoned on private land, some councils will remove it, provided that the land owner accepts liability beforehand for any claims arising.
The council will also ask what steps have been taken to contact the owner. What I do when I have to deal with this for work:
- Place a dated notice on the car (in a plastic folder or laminated), To The Vehicle Owner of (eg) Vauxhall Corsa registration AB12 CDE. This vehicle is parked on private land. It is in a deteriorated state (list out why this is the case) and has not been moved for X days/weeks. We therefore consider the car to be abandoned and intend to take steps to have it removed. If you are the vehicle owner, please note that steps to begin this process will commence if the vehicle remains in place by DATE (48 hours after the notice has been placed on the vehicle). Then sign in the name of the landowner and give a contact telephone number.
- I then document placement of the notice on the car with photographs, some showing the vehicle plate, tax disc and any evidence that the car has been abandoned, some which clearly show the wording of the notice in situ.
- If the car is still parked after the period given on the notice, I then complete a form V888 and send this to the DVLA. Once I get contact details, a recorded delivery letter is sent to the registered owner, advising that car X is parked on private land (effectively the text in the notice on the car) and that a notice to this effect was placed on the vehicle on 'DATE' but the vehicle remains in place. It is your intention to take steps to have the vehicle removed if still in place by (seven days from date of letter) and to seek reimbursement of your costs for doing so via the County Court.
If you get this far in the process and the car is still there give me a shout and I'll put the full text of my standard letter over to you.
If your council won't remove the vehicle then a private firm will have to do it.
It will be the landowner who authorises removal so your landlady will have to get involved in the latter stages whether she likes it or not.
Wow thank you, that is really helpful.
The landlady will definitely NOT get involved though, so I guess I shall be stuck with an abandoned car in the parking space for the duration of my lease..... Sigh.
I am still tempted to push the bloody car onto the public highway and leave it by the kerb under cover of darkness - much cheaper and easier!
Push the bloody car on to the highway...its mad that nothing can be done because its on private land, it is a PITA.
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