Abandoned vehicle on my land-can I claim it?

[march2009]

Last year we bought a house that had been repossessed. A vehicle had been abandoned on a strip of land adjacent to our property that we now lease as garden. We were told by neighbours that the previous owner of the house had also leased the land in the past, owned the vehicle and that it had been left there for years. We have since towed the vehicle further across, onto our property, as it was in the way. I have applied to the DVLA and have found out the name and address of the Registered Keeper, which do not match that of the previous home owner but may be his ex-wife. The last licence issued expired 30.09.06. What is the best way of going about applying for keepership/ ownership of the vehicle? Can I charge rent for the space it is occupying on my land? Can I just sell it for parts (it is not in running condition) and do I have to notify the police and council as the DVLA suggested? Thanks.

[patdavies]

If you apply to DVLA for a V5C, you will, in all probability, eventually get one in your name.

 

However, this in no way affects the ownership of the vehicle, only the RK. You will be responsible for tax/SORN, etc. and still not be in a position to legally dispose of the vehicle.

 

As I see it, you have three courses of action open to you; two legal, one not so legal.

 

1) Contact the previous owner and request that he transfer ownership of the vehicle to you or remove it by XX date. If you have no forwarding address. then either try via the building society/bank that bought from or the conveyancing solicitor.

 

2) Write to the lessor of the piece of land that you lease and state that the vehicle is interfering with your quiet enjoyment of the leased land and you wish the abandoned vehicle removed from his property - then the headache is his.

 

3) Tow it out onto the public highway - without being seen - and report it to DVLA/Council as an abandoned vehicle.

[crem]

We have since towed the vehicle further across, onto our property,

 

Can I charge rent for the space it is occupying on my land?

 

That would be a bit naughty, it wasn't on your land until you towed it there! Maybe the owner could prosecute you for theft for moving it onto your private property?

 

As I see it, you have three courses of action open to you; two legal, one not so legal.

 

I think all 3 sound alright. Is there a prize for guessing the not so legal one?

[march2009]

Thanks for the suggestions, I am going to try writing to the registered keeper to see if they are also the vehicle owner and go from there. Unfortunately no one seems to be able to trace the original owner of the house (I get a lot of debt collectors looking for him so if he also owns the vehicle I am a bit stuck and I am sure they would probably want to seize it anyway) Fair point about charging rent though!

[buzby]

Don't overlook the possibility of getting useful information from an HPI check. The vehicle may have outstanding credit on it an be owned by a finance house, who may be interested in its whereabouts - even if it is old!

[DCA-KING]

I would tell the debt collectors its his car that way they will clamp it and remove it not your problem then

regards DK

[patdavies]

I would tell the debt collectors its his car that way they will clamp it and remove it not your problem then

regards DK

 

Problem is that they may just clamp it and not remove it. Anyway, clamping could only lawfully be done by bailiffs rather than a DCA and I don't think that they would have authority to enter the property as the debtor no longer lives there.

[march2009]

You are right about the bailiffs, they always ask for my ID and can't enter the property now as it is not owned by the debtor. I was hoping not to have the vehicle removed but rather become the owner so that I can try and restore it or sell it for parts. I have written to the registered keeper but if they aren't the owner how can I trace the owner? The DVLA told me they don't hold details of owners only keepers. Should I ask the local police? Several people have expressed an interest in buying it for parts but obviously I can't sell it unless I own it.

[buzby]

The short answer is no. The police only have access to the same info the DVLA has and there is no central register of 'owners'. What is likely to happen - assuming the property it sits on in NOT yours, the council will remove it for crushing, and will not enter into any negotiations to purchase. (BTDT)

 

If it IS on your property, you can place a notice on the vehicle for a defined period - 28 days - stating that the vehicle will be assumed abandoned if the owner does not claim it within the time frame. It may also be useful to place a small ad in the local paper asking for the owner to contact you. This makes it a useful protection if at a later stage the owner returns and says you 'stole' it. In this situation you'll probably hear nothing more, and is a better situation as the council machine is impossible to derail.

[daveell]

Hi,

 

I have a similar kind of problem, The company i was working for went into administration in February and without any warning i was left with my leased company vehicle sat on my drive, The Insurance was cancelled and so were the payments to the lease company, I was informed not to drive it as the insurance had been cancelled and told the lease company would be picking it up in due course. Three months later and the vehicle was still on my drive causing me problems, I had to park my own car accross the road, I had neighbours complaining as no vans are supposed to be allowed on my estate (Its a Twin Cab Pick-up Truck) and was also informed i would be causing an offence just by driving it onto the road without insurance). At this point i had no idea who the lease company was as there was nothing in the vehicle to trace them, I wrote to the DVLA to request the registered keeper information explaining the situation and paying the £2 fee, I never heard anything back. Due to the complaints from neighbours and the fact the Tax ran out on 30/06 i Paid £14 to insure the vehicle myself for a day and last week moved it to the car park of a workshop unit i rent from the council which is a few miles away.

 

Finally today without any phone call or warning a guy from the lease company turned up at my house to pick the vehicle up, I gave him the directions of where to find it and got a receipt with the lease company's details.

 

What i want to know is -

Can I legally charge the leasing company for having the vehicle parked on my land and the expenses of trying to trace them and moving it? If so how would i go about it.

 

Thanks

[buzby]

No - you would have to have had their prior agreement before sucha a charge could be made. The same would hold true for your out of pockedt expenses, which should be rightfully paid by your employer.

 

In situatins like these, it is always best to get the vehicle back into the care of the Administrators on the company property - as this way you have no responsibilities and can get on with the serious business of finding a new job.

[JonCris]

Why is everyone here hell bent on giving the previous owner more grief Like many others on this site He's obviously got into serious financial trouble. He's already lost his home & probably much more & you lot want to deprive of a vehicle he may need - Not only that some are suggesting contacting debt collectors......... pathetic