Last Updated on May 11, 2022 by Fair Punishment Team
Have you got an old, broken down car residing on your property? Is it becoming a real burden?
Often in present times, people are abandoning cars due to how quickly they depreciate in value. Cars also can cost to dispose of and to declare as SORN, so the instant alternative is to abandon cars in public places.
If you are one of the unlucky ones who has a car abandoned on your private land, then you are probably unsure on how to rectify the situation. Don’t panic! This article will guide you clearly through the laws and regulations so safely remove the abandoned car from your property.
Read on to find out more!
Can I Remove A Car From Private Land?
To get a car removed from private land, it can be a frustrating and complicated matter. The first option when it comes to tackling this issue would be to obtain a court order from a civil court to remove the vehicle. The second option would be to pursue a civil action for nuisance against the owner of the vehicle.
How Long Can A Car Be Parked Without Moving?
According to the California Vehicle Code allows local jurisdictions to regulate the time in which a vehicle is parked in one spot without moving. In most cities, there is an average time of 72 hours that a car can be parked before it becomes unlawful to stay there.
What Makes A Car Abandoned?
An abandoned vehicle is defined as one that has been left unattended on public property for more than 24 hours, is missing current registration plates, or has two or more wheels or other parts that render it completely unusable
What Happens If You Leave A Car Abandoned?
New South Wales Police, Roads and Maritime Services and local councils are currently available for residents to report dumped vehicles. The council will contact the vehicle’s last registered owner. If the owner does not respond and a significant period of time has passed, the vehicle may be towed.
What To Do If You Think A Car Has Been Abandoned?
What should you do if you suspect a car has been abandoned on your property?
Trace the vehicle online or text TRACE followed by the registration number to 66663. You may be charged. After this, call the TRACE customer service desk for further support and advice. Their number is 0845 206 8602.
Can The Police Remove A Car From Private Property?
In exceptional situations, the police, the local council, or the Driver and Vehicle Licensing Agency (DVLA) can clamp or tow away cars on private property. Cars or other vehicles parked illegally on the road or public land can be clamped and towed away by the police, the local council or the DVLA.
Can A Vehicle Be Clamped On Private Land?
A vehicle parked on private property which is clamped or towed away without legal authority is an offence under the Protection of Freedoms Act. Fines and parking charges can still be issued on private property.
Can I Remove A Car Parked On My Drive?
If a vehicle is parked on your driveway without your permission, they are trespassing. As trespass is a civil and not criminal offence, the police will not always get involved. At most, they may send an officer to try and determine the owner of the vehicle and ask them to remove it.
What Do Police Do With Abandoned Vehicles?
In some cases, a police department will place a warning tag on a vehicle after checking whether it has been reported stolen, allowing the owner 24 hours to move it. The city may impound and/or dispose of the vehicle if it has not been moved within the time limit.
Who Do I Complain To If I Am A Victim Of Anti-social Parking?
Contacting the police and/or the local authority is the first step to dealing with any anti-social parking problem. Even if a car blocks your driveway, there is little the law can do to support homeowners. The Highway Code only applies if a parked car is blocking the road, not if it is on private property.
If a vehicle is parked in front of a dropped kerb, the local authority can take civil enforcement action, so it would be advisable to contact them.
Alternatively, you could file a legal claim for nuisance on the grounds that the driver is interfering with your use and enjoyment of your property – but you would need to identify the driver.
Final Thoughts
Finding an abandoned car on private property is never ideal and the process to rectify this situation is not that simple either. Due to certain laws and regulations, there is not much the police can enforce without yourself having to take it into your own hands. Taking the matter in your own hands can often not have the best outcome!
The first reasonable step is to identify if the car is abandoned and then proceed from there. If the car is identified as abandoned, then the process is smoother for the authorities to be able to seize this vehicle and you can head on with your life.
