Before 2012, addressing issues related to abandoned vehicles or nuisance parking on private land was relatively uncomplicated. However, the introduction of the Protection of Freedoms Act 2012 significantly altered the landscape. This legislation prohibited the clamping or towing of vehicles for payment in relation to parking infractions. While it effectively eliminated unscrupulous practices by so-called "cowboy clampers," it also introduced challenges in managing genuinely abandoned vehicles.
First for Enforcement monitor and adhere to legislation changes such as Commercial Properties needing 15 days notice compared to residential needing 28 days.
Responsibility for these issues largely shifted to local authorities. However, they rarely intervene on private land and typically lack the budget to do so. Currently, aside from involving the local authority, the only available method for addressing an abandoned vehicle is through a strict legal process under the Torts (Interference with Goods) Act 1977, which requires the vehicle to be formally classified as abandoned.
What is an abandoned vehicle?
There is no legal definition of what constitutes an "abandoned" vehicle, and this guide does not intend to establish one. However, local authority officers are permitted to use their discretion when assessing whether a vehicle has been abandoned. It stands to reason, then, that landowners—when making an informed judgment—should be entitled to exercise similar discretion.
That being said, there are several common indicators that may suggest a vehicle is abandoned. One or more of the following factors could help a landowner reach a reasonable conclusion:
Within just 48 hours of your enquiry a qualified agent will visit the site, photograph and make note of the abandoned vehicles condition to litigate against any allegations of damage.
Our agent will then apply the legal notice to the car. This will start the required legal eviction notice period (Commercial 15 days, Residential 28 days) which, on its expiry, will allow us to remove the vehicle
If the vehicle is not moved within the time frame, we would then arrange within 7 days for a new torts notice informing the last known keeper that the vehicle is going to be disposed of to be drawn up and personally hand delivered to the last known keepers address as per a DVLA check.
Should the torts notice expire, we will then check if you wish to sell the vehicle at auction (If it has a value) or dispose of the vehicle. In the event of a disposal, we are committed to environmentally responsible practices. We recycle and dispose of vehicles in compliance with all relevant environmental regulations.
Throughout this entire process, we maintain rigorous documentation, providing comprehensive reporting with detailed photographic evidence to ensure complete transparency and legal compliance.