Any Legal Boffs In Here

[Chris.S]

i've been having problems with a van thats slightly blocking my drive and i'm struggling to get in and out.

The vans now been there 3 weeks and nobody has been to it or moved it in that time.

The police originally came up and spoke to several naeighbours who had called about it. The police said it belonged to a lease company in Derby but they had sold it on and the police said they didnt know who owned it now as it had not had a keeper change.

Meanwhile i contacted the council about it being abandoned, they looked into it and said they had passed it on to the police to sort.

The plot thickens, a week went by and the van was still there so the police were contacted again, this time they changed the story to not Derby but Oxford and had emailed the council to tow it away within 7 days.

The officer who came when spoke to by a neighbour regarding safety and not knowing what was in back was told the "i wouldnt think there was anything really"

So the could be anything from a body, bomb or drugs in the back lol.

So today seeing as we are now into the 4th week i thought id ring the council to see whats happening. They have told me today that they have recieved no email to say that it need removing and as far as they are concerned its in the hands of the police.

So now im trying to find out what further LEGAL action i can take to get it shifted.

I nearly slid into it when we had the snow as its pretty damm close when im coming in and out

[Chris.S]

Police dont know who the registered keep is so they've told me

[ROYT]

I thought if you didn't send the new keepers name when selling you were still responsible

for the vehicle.

In this case the leasing company, or am I missing something here?

[Chris.S]

Been told now by the police that the owner isnt allowed in the area tp move it at present lol

[Rory]

if its causing an obstruction aren't there other powers to allow it to be shifted?

[stani1029]

If it were me id have towed it out the way so its blocking the whole road so that it gets moved asap

[PCthug]

Well, if its taxed its not the polices issue, or the councils issue either, and they are powerless to do about it.

However, if its blocking or being an obstruction they can issue a £30 fine for obstruction. Dont confuse obstruction with inconvenience.

This is obviously stopping you from turning right out of your drive, or even having a clear view when turning left.

If its a hazard then they have powers to remove it, or ask the owner to remove it.

They can possibly find who it belongs to by doing an insurance check on it, but this isnt 100% foolproof as not all insurers are on the database.

If the police remove it, and it is taxed, tested, insured, then THEY can be dealt with for TWOC.

Its not actually the police who remove it, they authorise a recovery agency to remove it. This costs the force about £150, so will only do it if necessary.

As for looking inside it, the police have NO right to look in it, just as much as they have no right to look into your vehicle.

What i think i would do is put a trolly jack under it and drag it into the middle of the road and phone the police again. Then it becomes an obstruction and the police will have to get it towed away :winky:

It sounds as though the police now know who owns it. If they arent allowed in the street then there must be some injuction or court order stopping them. Ask if the police can remove the vehicle on behalf of the owner, by getting the keys off them.

[lexynik]

Well, if its taxed its not the polices issue, or the councils issue either, and they are powerless to do about it.

However, if its blocking or being an obstruction they can issue a £30 fine for obstruction. Dont confuse obstruction with inconvenience.

This is obviously stopping you from turning right out of your drive, or even having a clear view when turning left.

If its a hazard then they have powers to remove it, or ask the owner to remove it.

They can possibly find who it belongs to by doing an insurance check on it, but this isnt 100% foolproof as not all insurers are on the database.

If the police remove it, and it is taxed, tested, insured, then THEY can be dealt with for TWOC.

Its not actually the police who remove it, they authorise a recovery agency to remove it. This costs the force about £150, so will only do it if necessary.

As for looking inside it, the police have NO right to look in it, just as much as they have no right to look into your vehicle.

What i think i would do is put a trolly jack under it and drag it into the middle of the road and phone the police again. Then it becomes an obstruction and the police will have to get it towed away :winky:

It sounds as though the police now know who owns it. If they arent allowed in the street then there must be some injuction or court order stopping them. Ask if the police can remove the vehicle on behalf of the owner, by getting the keys off them.

i was going to suggest finding someone with a nice soft nudge bar and giving it a friendly nudge six foot thataway ------->

[Steve ( West Mids )]

Yes, I'd be inclined to use a trolley jack to move it about 3 feet.

[PCthug]

Yes, I'd be inclined to use a trolley jack to move it about 3 feet.

Years ago i used to be the manager of a tool/machinery shop that had a secure car park.

At the end of the day we closed and locked the car park to stop ram raiders (when ram raiding was the thing) ramming the rear shutters.

Every so often a car would be left in there when the owner used our car park to leave their car for free whilst they did their shopping elsewhere.

We used to use a trolley jack to pull their car out and dump it in the road, so we could secure the gates.

On occasions we would have to lock their car in, which would mean that they couldnt get it out until the next morning.

Oh what fun we had the next day when they came in playing holy hell, saying that they had to walk home, lol.

[TigerFish]

Yup, I'd go for the trolley jack and the middle of the road approach.

[mattc]

Defo go for the trolley jack or loads of mates approach.

if that had been by me then the thing would be a shell by now as the local kids would ahve had a field day breaking into that and smashing it up :winky:

[The Editor]

You're very patient ... If that was my drive it would have been gone weeks ago !!!

You have a few options..

1 - The trolley jack/mates approach

2 - Write a formal letter to the local police telling them that as it's parked dangerously and you have already informed them of this, if there is an accident or injury caused by the obstruction of your drive you are holding the chief constable responsible and will issue proceedings.

3 - An anonymous call from a phone box (do they still exist)telling them there is an explosive package inside (they will shut off the road for a bit but the entertainmant value could be fun and once they've broken into the van they will cart it off or blow it up !!)

The Ed

[ormi]

if you have a tow bar/hook get a rope and drag it a few feet clear wont take much....or the trolly jack works very well......

or wait till the early morning take a automatic punch put it in on the window it will shatter with no noise take the hand brake off push it then scatter whats in the van about..itll look like neds have been looking for stuff too sell...lol

[sprinter2012]

Personally I'd just write something along the lines of 'Jihad is coming...' on the side of it.

I'm pretty sure it would get moved rather sharpish...

[dave1]

You say it is slightly blocking your driveway......is it a proper driveway with a dropped kerb? If it is overhanging a proper dropped kerb then it is obstructing you from your access. Check on the MID site to see if it has insurance....if not report it as an uninsured vehicle via internet. I have had 3 cars removed from the avenue in which I live and this has been done with minimal fuss, just reported as apparently abandoned. If the vehicle is nowhere near the last known address of the registered keeper and has been unattended for several days then it is classed as abandoned. Report it again to your local council via their website.

http://www.direct.gov.uk/en/HomeAndCommunity/WhereYouLive/Streetcleaninglitterandillegaldumping/DG_4001703