Can I get a abandoned van removed from my driveway when the owner refuses to do so?

[RageSloth]

Fly tipping is a generic term which covers a number of offences created by a complex series of statutes.
The bit about abandoned cars is in Section 2 of the Refuse Disposal (Amenity) Act 1978

Under the act referred to in post 2 schedule 1 requires the notice to be given to him, or left at his address or posted to him.
If you know where he is, give it to him.
If the only way of finding him is via his address from the DVLA, then that is the route you should take.
You can argue that it was not possible to discover his address and place a notice on the vehicle, and it might suffice, but it is not the correct way to go about it.
If you are concerned that he will claim the contents are valuable, create a photographed inventory and follow correct procedures

A V62 form does not give you any ownership rights as it only registers you as keeper

Ah thanks you posted as I was typing up my last post. If he hasn't updated his address correctly, I'm still fine right? Also do I need to include my surname in the letter? and If I make money from the scrapping should I hold onto it, I don't know his surname so can't write and post a cheque for example.

[RageSloth]

Does anyhitng become easier, ie. the council or polices responsibility if there are no license plates on the car or if hate speech is inside on the windscreen?

[des8]

When you write to him you must include in the letter: your the name and address, details of the goods and the address where they are held, and specify the date on or after which you intend to sell them.

If you do not know his current address, you send to his last known address.

From any money you obtain you may deduct your expenses in selling the goods. The balance you retain to give to the owner when possible.

[wales01man]

Does anyhitng become easier, ie. the council or polices responsibility if there are no license plates on the car or if hate speech is inside on the windscreen?

The vin number will give the reg number

[dslippy]

Yes, listen to Des8
Make sure you can prove your right to do all yhis by keeping and producing the letters, so that someone at auction gets title.

[wales01man]

Does anyhitng become easier, ie. the council or polices responsibility if there are no license plates on the car or if hate speech is inside on the windscreen?

The vin number will give the reg number

[RageSloth]

If these companies are legit, it doesn't appear to be necessary to send a letter to an address.
https://www.nationalparkingcontrol.c...doned-vehicles
https://www.avrsrecovery.co.uk/issue-tort-notice.php



Also although I dont have the address, I have been texting/phoning the concerned individual quite a lot recently. he is refusing to move it/ feeding bs excuses. I of course already gave him a weeks notice before posting here.

I dont know anything about cars or the law regarding them (which is why I'm in this dumb situation) have never had a need for one; but the vehicle is 18 years old, and it doesn't look like it's worth putting any money into getting it to work again and there is only junk inside.

This is really weird, I can't decide if I'm dealing with a conman or some extremely odd guy with autism/ocd or a combination of both.

Maybe he thinks he can scare people into settling in cash when he claims people can't remove the van and says he will sue?
He turned up on the day I said I was going to initally remove it from my last 1 week notice, the first time I was firm with him.

I'm very confused lol.

[des8]

SEC12.3 of the act:
(3)If the bailee—
(a)has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or
(b)has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,
and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods.

You have not failed to trace or communicate with the bailor (owner) of the car, so you must first give him written notice by recorded delivery post.

If you dispose of the vehicle after slapping that notice on it and without writing to him, he may (note may) go legal and cause a lot of stress.
Of course he might not; he might just shrug and get on with life.

[RageSloth]

SEC12.3 of the act:
(3)If the bailee—
(a)has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or
(b)has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,
and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods.

You have not failed to trace or communicate with the bailor (owner) of the car, so you must first give him written notice by recorded delivery post.

If you dispose of the vehicle after slapping that notice on it and without writing to him, he may (note may) go legal and cause a lot of stress.
Of course he might not; he might just shrug and get on with life.

Des I can't find his address though, thought I could through the DVLA, but was a no-go.

[R0b]

Why can't you go through the DVLA? They will release the details of the registered keeper where you have 'reasonable cause' and someone dumping their vehicle on your land without permission would in my view would be considered reasonable cause. If they do it for parking tickets, and road traffic accidents, there is no reason why they cannot supply the information in this case.

[RageSloth]

Des I can't find his address though, thought I could through the DVLA, but was a no-go.

I'll try again, and give one week notice in the letter and sign on the car,

[atticus]

Read Schedule 1 of the Torts (Interference with Goods) Act 1977. This includes:

Notice of Intention to Sell Goods


6(1)A notice under section 12(3) shall:

(a)specify the name and address of the bailee, and give sufficient particulars of the goods and the address or place where they are held, and

(b)specify the date on or after which the bailee proposes to sell the goods, and

(c)specify the amount, if any, which is payable by the bailor to the bailee in respect of the goods, and which became due before the giving of the notice.

(2)The period between giving of the notice and the date specified in the notice as that on or after which the bailee proposes to exercise the power of sale shall be such as will afford the bailor a reasonable opportunity of taking delivery of the goods.

(3)If any amount is payable in respect of the goods by the bailor to the bailee, and become due before giving of the notice, the said period shall be not less than three months.

(4)The notice shall be in writing and shall be sent by post in a registered letter, or by the recorded delivery service.

[des8]

Read Schedule 1 of the Torts (Interference with Goods) Act 1977. This includes:

.....as advised in post 2 !

[atticus]

But the OP appeared to need to be informed of the actual text, Des.

[RageSloth]

was only questioning the length of time needed to specify in the notice, conradictory info when I google it. I'll just say a week. Think the one month periods are only relevant for parking/garage lots.

Doesnt specify in the tort legislature either.