Neighbour parked on my drive

[maltesersplease]

In February, neighbour/friend gets clamped and fined for no tax, MOT, insurance. Asks if she can park on my drive a few days until she can afford to sort it all out.

We fell out over something else a few weeks ago over something much more serious, and don't speak anymore. Don't need to drip feed, this part's irrelevant.

The car is still on my drive. I've asked her to move it, she says she will SORN it. Car doesn't start either so I can't just move it myself. If she SORNs it, she will never move it! It's still not taxed or MOTd.

So now I seem to be stuck with it on my drive. Each of the police, DVLA and council have told me it's one of the other responsibilities.

I'm feeling really irritated by life in general and if I wasn't worried it would harm a person, I'd have taken the handbrake off it by now!

(This isn't AIBU to remove the handbrake, it's more of a "I'm really fed up can anyone help please?).

I think an HPI check costs around £25 for a private individual.

Again, money the OP is unlikely to ever see again.

There is bound to be advertising on the number plate/back window indicating where the carcwas purchased. I wonder if you can find out who they use for finance, you might be able to establish something from them.

Finance Company: Good Afternoon, Can I help you.
OP: This car Reg XX## XXX has been abandoned on my drive and I suspect it may be on finance provided by you.
FC: I'm afraid that information is confidential
OP: That's a shame, we're fed up and if it isn't moved by the weekend, we're going to get it scrapped.

Again, money the OP is unlikely to ever see again.

Yeah, she should put up and shut up. But at least she’ll have that £25.

Yeah, she should put up and shut up. But at least she’ll have that £25.

er, how so ?

I’d pay the £25 just for the pleasure of the CF neighbour’s face when she comes home one day and finds out the finance company have taken it back!

In the middle of the night I would get people to help put it on the road then deny all knowledge.

So what if it ends up in an awkward position or place? CF neighbours problem.

I'd be taking it apart and taking the bits down the tip (or to a scrap dealer if they'd take stray parts, even if for free). Give her warning ('you have until x to remove it from my property and if it remains after that I will assume that you no longer want it and that I am free to dispose of it') but then start having fun with a crowbar. It's great taking things apart when you know they don't need to fit back together afterwards.

Stick a sign on it saying 'free for scrap'. She will move it pretty sharpish.

Bigger car with a tow bar. Drag it off. Not your issue if it's illegally dumped.

Does this help, OP ?

www.motorclaimguru.co.uk/blog/liens-involuntary-bailmentwhat-to-do-when-someone-abandons-their-goods-on-your-property-or-refuses-to-pay

Bearing in mind if the car is on finance the OPs neighbour is not the owner.

This bit caught my eye:

In law, you have become an “involuntary bailee” of the goods. This brings with it a duty to use reasonable care to look after them until they are returned to their owner or disposed of legitimately.

Report it for no tax. It still has to be sorn even if it’s on a driveway.

www.moneysupermarket.com/car-insurance/articles/everything-you-need-to-know-about-the-statutory-off-road-notification-sorn/

I'd send a letter stating that I will be charging £10 per day parking/storage then follow the usual small claims court routine if she doesn't move it or pay.

Ask the police if you are allowed to have a car that you don't own towed off your property. I expect you are, but get it from them so you have evidence. Then get it towed and drop a bill for it round her house. She won't pay it, but at least you can make the point.

If it’s on finance then contact the finance company and tell them it’s been abandoned on your drive. If you know anyone working in the motor trade at all they’ll be able to tell you who it’s with!

Serve a tort notice.

@maltesersplease did you ring the leasing /finance company?

If it’s on finance then contact the finance company and tell them it’s been abandoned on your drive. If you know anyone working in the motor trade at all they’ll be able to tell you who it’s with!

Somebody should have suggested this earlier! Much better idea than the one OP chose. Would have saved all that fuss with the fire engines and bomb disposal unit.

I rang the finance company. They took all the details but were none-committal.

Rtft people. She’s spoken to the finance company, who refused to discuss the vehicle with her because of data protection.

I would just get it moved to outside her house at night. Deny all knowledge. And get something to block her putting it back on! Yes, it’s a hassle getting it moved, but it’s clearly a hassle being there as you posted here! There is nothing the police can do because she hasn’t committed an offence. Tbh no one takes ownership of parking disputes. They’re the foundation of many a neighbour feud.

Good luck, OP, it sucks

Landlords get faced with the same problem when tenants leave a pile of their belongings on vacating a dwelling.

Just because something's been left doesn't change the fact that it's owned by someone else. There's a bit of legislation called the "Torts (Intereference with goods) Act" that explains the legal position. If you find it too complicated the short explanation is that you become the "involuntary bailee". You are responsible for looking after it. That means you have to be reasonable.

I know you've been in touch with the finance co but the FIRST thing you have to do is an HP check - a full one using hpicheck.com/

That will tell you what kind of credit agreement there is against the car. If it's the right type of agreement then the Finance Co is the owner of the car. In which case all notices have to be sent to that Finance Co (although it would be wise to send a copy to the keeper).

You send the owner a notice - download here; www.uk-carparkmanagement.co.uk/tort-notice.php (copy to keeper)

At the end of 28 days you have two choices - you can dispose of the vehicle getting the best possible documented price. Or, you can apply to the Court under S13 of the Torts (Intereference with goods) Act and ask the court to confirm that the involuntary bailee you have the legal authority to sell the car and give the owner any remaining money after deducting your costs - including the cost of the court application which is currently £255.00.

Personally I'd go the second option as there's a finance company involved.

It sounds daunting but you can DIY quite easily. I have used the Torts (Interference etc). myself against someone. (I won) All the court is interested in is having ALL the facts and coming to a reasonable decision based on those facts.

You need to phone your local council. If a car is abandoned on private land then the council issue a notice to the owner. Unless the land owner objects to it being moved then by law they have to move it. You can charge the council an interest rate per day if they fail to move it. This will incite them to move it on day 15.

She cannot complain - she has abandoned it as per the email.

I'd get onto the council... Abandoned vehicles whether on private land or not are definitely in their remit!

Good luck OP

Feck me I'd get someone to steal it

Councils responsibility advise them it's abandoned on your property. Phone police & ask for the neighbourhood team for advice on what you should do or help with resolution. They will be able to advise what you legally can do about the situation

Pogo87

It is NOT abandoned and that's why the council won't touch it. It is there because of an expired agreement between the owner/keeper and the land owner.

People might "feel" that it's been abandoned, but it hasn't legally.

Do you have legal insurance on your home or motor insurance? Or with work/union membership/bank account etc?

If so I would ring them for advice and see if they will send the appropriate letter on headed paper for you.

It sounds like you have found the Finance company... I would ring them again and go through it, then if they don’t want to hand over any details or get involved say fine, but hypothetically speaking, what would they suggest should happen if one of their cars had been abandoned where it cas causing a nuisance, wasn’t taxed, insured or SORNed etc. Furthermore as it wasn’t being used it was rapidly deteriorating - condensation, possible mould inside, bird poops not being washed off so not good for paint, and anything else bad happening to it. You’d have thought they would have wanted to know about this to protect their asset and so could they give you the email address to report it to. Not breaking gdpr to to that in any way.

Then to email neighbour and finance company combined and explain, ask them to move it and point out that as previously discussed permission has been revoked and that you’ll start charging a daily storage fee on a weekly basis, in advance that as joint owners they will both be liable for and include the first invoice. Might shake the finance company to come do something if they get invoiced too. And if it’s all done on the same email they can both see that the other side knows.