Discussion
hi guys,
im new here - a long time lurker, and i was wondering if you could help me out with a question? the top of my road ends in a t junction and the people living at the top of my road consistently park their untaxed sheds right up to the main road which can make it a nightmare to turn in when traffics busy. i spoke to the dvla about it in an effort to get rid of them but was told id need a statement in writing and that they people in question would have access to my name and address if they so wished. is this correct? id really love to get rid of thier illegal cars and try to prevent them from doing it again but there is a considerable threat of possible reprocussions if they realised who'd grassed them up. ive read there are other ideas such as getting a v62 and legally stealing thier cars off them but us this not overlooking the legal methods? apologies if this has already been covered but it really, really annoys me!
many thanks
paolo
im new here - a long time lurker, and i was wondering if you could help me out with a question? the top of my road ends in a t junction and the people living at the top of my road consistently park their untaxed sheds right up to the main road which can make it a nightmare to turn in when traffics busy. i spoke to the dvla about it in an effort to get rid of them but was told id need a statement in writing and that they people in question would have access to my name and address if they so wished. is this correct? id really love to get rid of thier illegal cars and try to prevent them from doing it again but there is a considerable threat of possible reprocussions if they realised who'd grassed them up. ive read there are other ideas such as getting a v62 and legally stealing thier cars off them but us this not overlooking the legal methods? apologies if this has already been covered but it really, really annoys me!
many thanks
paolo
Apart from not being taxed, if the vehicles are parked within 15 metres of a junction they commit an offence, and if they are causing an obstruction they commit an offence and can be removed. If an accident occurs causing injury, then the owners may be held liable.
If the vehicles are untaxed and it appears that they have been abandoned, then the local authority can issue a 7 day removal notice, and then tow it away if it is not removed, if it is causing an obstruction, then it can be towed away by the Police immidiately.
If the vehicles are untaxed and it appears that they have been abandoned, then the local authority can issue a 7 day removal notice, and then tow it away if it is not removed, if it is causing an obstruction, then it can be towed away by the Police immidiately.
Call the council and say x car has been abandond can they remove it. For work we ask this every 4 months or so and the offending car is stickered and then removed after 7, 14 21 days.
Just say its been there for 3 weeks not moved and untaxed. That will do the job.
We write in to the council.
Just say its been there for 3 weeks not moved and untaxed. That will do the job.
We write in to the council.
t-c said: Apart from not being taxed, if the vehicles are parked within 15 metres of a junction they commit an offence, and if they are causing an obstruction they commit an offence and can be removed. If an accident occurs causing injury, then the owners may be held liable.
The distance is 10 meters from a junction, not 15.
If they are causing an obstruction where no one can get through (including blocking driveways), then the Police may remove it.
If the obstruction is merely inconvenient, then they will not as long as traffic can pass through safely.
If the vehicle is left in a position that is dangerous to other road users, then it may be removed and the perso that left it there is liable to 3 points and a hefty fine (can be dealt with by FPT).
If the vehicles are untaxed and it appears that they have been abandoned, then the local authority can issue a 7 day removal notice, and then tow it away if it is not removed, if it is causing an obstruction, then it can be towed away by the Police immidiately.
Correct. But this is only done when the vehicle is checked on the PNC and there is no updated keeper.
The best way to sort this out is to firstly make sure that the relevant piece of road is subject to being maintained at public expense. If it is in any way an unadopted road or a private road, there is no need for any vehicle to be taxed on it.
The second thing to do is to contact the local home beat officer and inform him/her of the problems (you could even pass the relevant index numbers if you wanted so he could check PNC to see if they have current insurance), therefore not having to identify yourself on any statement. The information to the beat officer should set the ball rolling. If the area you live in is served by a traffic department (Not all forces have them now), then a call to them may also pay dividends as they will be happy to find those who also have no insurance.
madcop said:
If they are causing an obstruction where no one can get through (including blocking driveways), then the Police may remove it.
Madcop: what's the exact law regarding this? Does it come under the Road Traffic Act? I ask because, for the last three years, I've had innumerable cars parked completely blocking the entrance to my garage (on double yellows, usually on the pavement).
As is the case for many of us, if the car's not garaged overnight, it's not insured. And I've already had cars broken into outside the house while being unable to get them in the garage.
If I leave an old banger there, I get a ticket. If someone else does it, the local police refuse to help. I even recently spoke to a uniformed inspector, who said no offence was being committed. Really.
Sorry, I'm getting off-topic. Peanuts.
CarZee said: MadCop - if the police can now check insurance details on the PNC, how long is it going to be before this is done automatically using the data from ANPR kit that's pervading the country?
At the moment, the procedure that the PNC operator has to do is to link through to the national insurance data system. I am not sure but I think that this is the data base that all Insurance companies share their information on.
In practice this takes two or three minutes to achieve and therefore, would not work effectively with ANPR when data is required within a few seconds so that officers further down the road can have time to react to the information recieved by the ANPR operator.
I have no doubt that as soon as someone develops the technology to link the PNC straight into the insurance data base, then the information will be readily available as vehicles pass through ANPR sites.
Good morning.
There is a large horrible-looking lorry parked in the street adjacent to mine. It is parked in an area used by the locals, or by visitors to the neighbouring houses. It has an expired tax disc, and has been parked there for almost 3 weeks. It has finally has what appears to be a ticket slapped on the windscreen. This morning I noticed a large day-glo sticker pasted beside the ticket.
Question: if the owner does not reply to the ticket/warning, who then becomes responsible for the vehicle? Does the council have any authority to remove this piece of crap from the public road?? Thanks in advance for thoughts/ideas.
There is a large horrible-looking lorry parked in the street adjacent to mine. It is parked in an area used by the locals, or by visitors to the neighbouring houses. It has an expired tax disc, and has been parked there for almost 3 weeks. It has finally has what appears to be a ticket slapped on the windscreen. This morning I noticed a large day-glo sticker pasted beside the ticket.
Question: if the owner does not reply to the ticket/warning, who then becomes responsible for the vehicle? Does the council have any authority to remove this piece of crap from the public road?? Thanks in advance for thoughts/ideas.
If a vehicle seems to be leaking petrol, then it's deemed dangerous and will be removed forthwith, yes?
Work the rest of this one out yourselves..
[tangent]
A few years ago I was in a petrol station filing up when I noticed that an adjacent vehicle was dropping half the petrol that was going into the tank..
"Hello - your car's leaking petrol!!!"
SILENCE..
"HELLO!!!!! YOUR CAR'S LEAKING PETROL!!!" IGNORED
I tap shit wagon owner on shoulder
"Look mate - your car's leaking petrol"
"Ya maan.. it does that.."
Shortly after, forecourt attendants appeared which half a metric tonne of sand..
[/tangent]
Madcop: what's the exact law regarding this? Does it come under the Road Traffic Act? I ask because, for the last three years, I've had innumerable cars parked completely blocking the entrance to my garage (on double yellows, usually on the pavement).
The law is covered by
1. Obstruction of the Highway - Highways Act 1980 Sect 137 Triable summarily / Fine
This is wilfully obstructing the Highway ( Power of arrest under Sect 25 P.A.C.E. 1984)
2. Obstruction on a Road - Road Vehicles construction and use regs 1986 reg 13 triable summarily / Fine
No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause unecessary obstruction of the road.
3. Obstruction of Street - Town Police Clauses Act 1847 S 28 Triable summarily, 14 days' imprisonment and /or Fine
Any person who in any street, to the obstruction, annoyance, or danger of the residents or passengers, ...wilfully interrupts any public crossing, or wilfully causes any obstruction in any public footpath or other public thoroughfare....
You have to look carefully at which act covers which location, i.e. Road, Street, Highway, as all have different definitions. Also is the obstruction 'wilful' or 'unecessary'?
So the answer to your question is that under the Town Police Clauses Act. Imprisonable in to the bargain.
The Police would have to make a reasonable attempt at tracing the owner and asking them to move the obstruction before towing the vehicle away. To do otherwise would negate the wilful side of the offence.
Having been asked to move the vehicle on several different occasions may show that there is an element of 'wilful'
As is the case for many of us, if the car's not garaged overnight, it's not insured. And I've already had cars broken into outside the house while being unable to get them in the garage.
If I leave an old banger there, I get a ticket. If someone else does it, the local police refuse to help. I even recently spoke to a uniformed inspector, who said no offence was being committed. Really.
Sorry, I'm getting off-topic. Peanuts.
The way I would approach this if it is a serious problem is ask to see your local home beat officer. Make an appointment to discuss the implications of not being able to get into your garage and the knock on effect of the vehicle being broken into (i.e. higher crime stats for his beat and more work for the force in trying to get detections down), insurance aspect to you. Be polite and objective when you meet him/her, Get him/her onside to your problem and offer support in the eforts that they make in trying to rectify the problem. If there are other garage owners near to you, then it would be even better if you could form a co-operative to deal with the problem through the beat officer. Offer a unite front to him/her. Give them the index plates of those vehicles that are the most prolific offenders.
Do Not under any circumstances go like a bull at a gate type of attitude towards the problem, throwing toys around. Slowly, slowly catch-e-monkey will probably get the best response.
I hope that is enough info for the moment. If not get back to me and I will try and offer some more.
>> Edited by madcop on Wednesday 30th October 11:40
Lawrence655 said: Good morning.
There is a large horrible-looking lorry parked in the street adjacent to mine. It is parked in an area used by the locals, or by visitors to the neighbouring houses. It has an expired tax disc, and has been parked there for almost 3 weeks. It has finally has what appears to be a ticket slapped on the windscreen. This morning I noticed a large day-glo sticker pasted beside the ticket.
Question: if the owner does not reply to the ticket/warning, who then becomes responsible for the vehicle? Does the council have any authority to remove this piece of crap from the public road?? Thanks in advance for thoughts/ideas.
Look at the large posted notice on the window. If it is dayglow orange it is likely to be a council 7 day order. At the expiry of the 7 days from whence the notice was attached, the vehicle will be removed and disposed of by the council but only if it is on a public road. Private parking spaces adjacent to the road for the use of residents are not included.
The notice sets out conditions to the owner/keeper. In the event that there is no reply to the council, then they will remove it.
CarZee said:
If a vehicle seems to be leaking petrol, then it's deemed dangerous and will be removed forthwith, yes?
Work the rest of this one out yourselves..
No carzee
The difference is in the words condition and poisition
Both these words in relation to motor vehicles are under different legislation with different powers.
Dangerous Condition is under Con & Use Regs
Leaving a vehicle in a Dangerous Position is under Sect 22 Road Traffic Act 1988.
There is however a point under Dangerous Position that states
If a person in charge of a vehicle causes or permits the vehicle or trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road, he is guilty of an offence.
This must apply to vehicles on a road so the petrol station incident would not apply.
The danger presented by the condition or circumstances of the vehicle however are not confined to when it is staionary but will als apply to a vehicle/trailer which presents a danger by moving (such as where a driver fails to set the handbrake)
madcop said:
If a person in charge of a vehicle causes or permits the vehicle or trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road, he is guilty of an offence.
The danger presented by the condition or circumstances of the vehicle however are not confined to when it is staionary but will als apply to a vehicle/trailer which presents a danger by moving (such as where a driver fails to set the handbrake)
4X4 + Tow Rope = offending vehicle now obstructing junction!
As is the case for many of us, if the car's not garaged overnight, it's not insured
Incorrect. :dispelurbanmythmode: You may have attracted a (small) discount for garaging the car overnight, but your insurance will NOT be invalidated if you don't. In the event of a claim your insurer will (perfectly reasonably) ask questions as to why your car wasn't garaged (suggest answers such as 'garage roof was leaking' or 'temporarily needed the extra storage space while we re-decorated the spare room'), and you may not qualify for such things as theft excess waivers. You may, in exceptional circumstances, be required to pay back the value of the garaging discount out of your claim settlement IF the insurer can prove you NEVER garaged your car (in effect you would thereby be gaining financial benefit by deception) but your claim would not be repudiated solely on those grounds - after all, your valid Certificate of Motor Insurance entitles you to use, i.e. park, your vehicle (legally) on the road at any time, as long as you have a valid MOT where appropriate and are displaying a valid VED disc.
Consider the case of the night worker - do you seriously think his insurance is invalid when he parks his car outside the office at night instead of in his garage at home? I can hear the Ombudsman laughing his ar*e off as I type...
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