united-kingdom traffic vehicle motor-vehicle environmental
Does Council removal of a vehicle constitute Trespass to Chattel?
<p>Recently recieved a notice stuck on my car windscreen,<br />
Which is a removal Notice giving 7 days to remove the vehichle.<br />
or Until the 16th of November.
I live in Norwich in the Uk &amp; the local council is
Norwich City Council.</p>
<p>preceps:</p>
<p>The car is not parked on a road, nor on a highway per-say:<br />
Google earth image included for referance:
<a href="https://i.stack.imgur.com/oBlKF.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/oBlKF.jpg" alt="enter image description here" /></a></p>
<p>The notice cites the following acts:<br />
<a href="https://www.legislation.gov.uk/ukpga/1978/3" rel="nofollow noreferrer">Refuse Disposal (amenity Act 1978)</a><br />
<a href="https://www.legislation.gov.uk/ukpga/1984/27/contents" rel="nofollow noreferrer">Road Traffic Regulation Act 1984</a><br />
<a href="https://www.legislation.gov.uk/uksi/1986/183/contents/made" rel="nofollow noreferrer">Removal and Disposal of Vehicles Regulations 1986</a><br />
<a href="https://www.legislation.gov.uk/uksi/2002/746/made" rel="nofollow noreferrer">The Removal and Disposal of Vehicles (England) (Amendment) Regulations 2002</a><br />
<a href="https://www.legislation.gov.uk/ukpga/2005/16/contents" rel="nofollow noreferrer">Clean Neighbourhoods and Environment Act 2005</a></p>
<p>First Act that they mentioned being the Refuse Act, A Car is not Refuse, Rubbish, Fly-Tipping &amp; Dog Doo Are Refuse, if anything it is a Re-cycleable &amp; will be melted down &amp; made into a Smart Toaster or someones fridge freezer..</p>
<p>First Paragraphs of the letter states:</p>
<blockquote>
<p>In pursuance of their powers of the above named Authority HEREBY GIVE NOTICE<br />
that they are of the opinion that this vehicle is in such a condition that it<br />
ought to be destroyed and that UNLESS THE VEHICLE IS REMOVED WITHIN 7 DAYS<br />
from the date hereof they will, in pursuance of the above acts,<br />
remove the vehicle and arrange for its retention until the<br />
current licence expires and its subsequent destruction</p>
</blockquote>
<p>The car is <strong>not</strong> in a state of disrepair, it is not damaged, not wrecked,
has not been abandoned &amp; is not burnt out.
I have declared the car as SORN and un-taxed the car until I could save up the money to get items repaired on it that are quite expensive. There are no parking restrictions in my area, we do not have wardens, it is not parked on a single or a double line. Nor is it in my opinion parked on a road or a highway. It is not obstructing anyone access to their property, it is not block or obstructing any pathways or entrances, sheds, garages or any other propetys.</p>
<p>it is the local The Area Management Team, Which is part of or under the control of the local Environment Agency which has issued this notice.</p>
<p>My Question is, if they try to remove my vehichle without my consent,<br />
Does that constitute <a href="https://injury.findlaw.com/torts-and-personal-injuries/trespass-to-chattels.html" rel="nofollow noreferrer">Treepass to Chatells</a> or <a href="https://www.legislation.gov.uk/ukpga/1977/32" rel="nofollow noreferrer">Torts (Interference with Goods) Act 1977</a> &amp; if it doesn't what other grounds can you use for Appeal?</p>
<p>They have marked at the bottom of the letter that it Appears to be a Non-Runner, but they cannot possibly tell that without opening the doors, putting the key in the ignition and trying to turn the motor over... It is a running car, which still works, it just needs a new clutch and a few other things fixed. It does not have any flat tyres, nor does it have any outside cosmetic damage for them to state <code>its in such a condition that it ought to be destroyed</code></p>
<p>Partially Related Questions i can find:<br />
<a href="https://law.stackexchange.com/questions/48251/is-a-carpark-a-road-given-this-definition-in-new-zealand-law?rq=1">is a Carpark a road?</a><br />
<a href="https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;cad=rja&amp;uact=8&amp;ved=2ahUKEwiJjcK8h7nsAhW0gVwKHVf3CgwQFjAKegQIAhAC&amp;url=https%3A%2F%2Fwww.n-kesteven.gov.uk%2F_resources%2Fassets%2Fattachment%2Ffull%2F0%2F6214.pdf&amp;usg=AOvVaw337X9mNaKIfj6_ZO-8IK69" rel="nofollow noreferrer">Managing Vehicles on Council Estates</a><br />
<a href="http://www.knowyourparkingrights.org/News/faq" rel="nofollow noreferrer">Know Your Parking Rights</a><br />
<a href="https://www.petrolprices.com/news/nuisance-parking-become-illegal/" rel="nofollow noreferrer">Nuisance Parking to Become illegal</a><br />
<a href="https://www.inbrief.co.uk/motoring-law/abandoned-vehicles/" rel="nofollow noreferrer">Council responsibility for abandoned vehicles on public roads</a><br />
<a href="https://www.coventry.gov.uk/info/201/street_scene/425/abandoned_vehicles/3" rel="nofollow noreferrer">Criteria of an Abandoned Vehicle - Coventry</a></p>
<p>Also as a side note the Notice is Addressed to <code>The Owner of the Vehichle</code> By DVLA's own documentation. I am the registered keeper Not the Actual owner.. I'm not very good at reading through legislation documentation, its purposefully obscure &amp; non-sensical with all the different amendmants, side notes, double-speak, redactions and implications.. Is this notice Written as a contract? And an <code>opinion</code> as they have worded it is Subjective and not based on Law. Can someone with a better understanding of #uklaw please give me some advice or add some constructive comments or an informative Answer..</p>
<p>I Would fully understand if the car was a wreck, if it was blocking someones access, if it had three wheels missing and no windshield, Or if it was burnt out. But it is none of the above. Plus technically speaking one of those parking spaces is designated for my flat, There is plenty enough parking for every other resident withing this neighbourhood. Two Carparks Both either side and multiple small spots, aswell as on-road parking on all other sides of the flats.</p>
<p>This Document is from a different Council or Burrough but is usefull information to Know:<br />
<a href="https://www.fixmystreet.com/report/809655" rel="nofollow noreferrer">FixMyStreet Article</a></p>
<blockquote>
<p>the road and west side footway are adopted but the parking spaces are not.
In that case, the parking spaces will be private land, owned by the housing &gt; department and used under the terms of the leases and tenancy agreements.
In that case, the council as parking enforcer couldn't do anything about
SORNed vehicles (which would not be illegal) or untaxed and unSORNed ones, &gt; which would be illegal but not removable.</p>
</blockquote>
<blockquote>
<p>As landowner, it could take action under the law of trespass, or as a
breach of the tenancy agreement or lease. Most modern social housing leases &gt; have rules banning SORNed vehicles</p>
</blockquote>
<p><a href="https://www.norwich.gov.uk/info/20010/environmental_issues/1458/abandoned_vehicles" rel="nofollow noreferrer">Norwich City Council Abandoned Vehicles</a><br />
<a href="https://www.norwich.gov.uk/rss/20078/downloads" rel="nofollow noreferrer">Norwich City Council Abandoned Cars RSS Feed</a><br />
<a href="https://www.fixmystreet.com/reports/Norwich?status=all&amp;filter_category=Abandoned%20vehicles&amp;zoom=11&amp;lat=52.6202&amp;lon=1.37233" rel="nofollow noreferrer">Norwich list</a></p>
<p>Legal Definition of a <a href="https://legal-dictionary.thefreedictionary.com/close" rel="nofollow noreferrer">Close</a></p>
<p>1 private property, usually enclosed by a fence, hedge, or wall.<br />
2 a courtyard or quadrangle enclosed by buildings or an entry leading to such a courtyard.<br />
3 the entry from the street to a tenement building.</p>
<p>Legal Definition of a <a href="https://dictionary.thelaw.com/cul-de-sac/" rel="nofollow noreferrer">Cul-De-Sac</a> For other peoples reference.</p>
<p>Thanks in advance for anybodys inputs.</p>

<h2>If they have no legal grounds then it would be trespass to chattels</h2>
<p>However, they do have legal grounds. Following the procedure laid out in the relevant Act <em>makes</em> the car refuse under the Act notwithstanding your opinion.</p>
<p>Move it or lose it. Or seek an injunction preventing the council removing the vehicle- this will likely fail.</p>
