Can a Residents Management Company, Freeholder or Managing Agent remove an abandoned Vehicle?
No, under the Protection of Freedoms Act 2012 only Authorised Bodies can move a motor vehicle on Private Land.
In the period before 2012, abandoned vehicles could be moved by the Land Owner providing certain conditions were met.
Who has the Authority to Remove Vehicles?
- Local Authority
- Traffic Warden
What Laws cover Abandoned Vehicles?
- Road Traffic Regulation Act 1984
- Protection of Freedoms Act 2012
- The Removal and Disposal of Vehicles Regulations 1986
Checklist to see if Vehicles are Abandoned
Has the vehicle not been moved in 3-4 weeks? Yes / No
Does the vehicle have a missing number plate? Yes / No
Does the vehicle have 2 or more flat tyres or wheels missing? Yes / No
Are the windscreen or windows broken? Yes / No
Are the doors or bonnet left open? Yes / No
Does the vehicle have visible internal damage or vandalism? Yes / No
Is the car covered in mould or rust? Yes / No
Are there litter and weeds under vehicle? Yes / No
Red Brick would deem that if 4 or more of the above answer are YES, then the vehicle is Abandoned, the Local Authority may have more or less requirements than Red Brick.
Our Process for removing an Abandoned Vehicle:-
- Follow Checklist to see if the vehicle is classed as abandoned.
- Place a completed Abandoned Vehicle Notice on all 4 sides of the vehicle
- Photograph vehicle with notices and items in the checklist.
- Obtain a DVLA Search of the Registered Keeper.
- Write to legal Registered Keeper giving 21 days’ notice to remove the vehicle.
- Contact to Local Authority / Police to remove the vehicle and pass them our file (Checklist, photos and Correspondence to Registered Keeper)
- If Local Authority or Police will not remove vehicle then ask affected leaseholder/resident to complain to Local Member of Parliament and Local Authority.
- Should the client choose to remove the vehicle themselves it will be at their own risk.
- Removed vehicles should be stored for a minimum of 28 days.
- Any monetary value of the vehicle if sold or scrapped after the expired storage time should be returned to the Registered Keeper.