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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice.
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I have been reading the info relating to 'abandoned'

Customer Question

I have been reading the info relating to `abandoned` vehicles as there is one which could be con sidered to be abandoned in our road. It is taxed,insured and MOTd so the police and local Council tell me that it can be parked anywhere that is legal so they can`t do anything about it.
HOWEVER, under sections 99 to 101 of the Road Traffic Regulations the police can authorise IMMEDIATE removal under three instances number 1 of which is
`it is in a potentially dangerous position;`
This car is in that situation as it blocks the needed view of at least 6 drivers emerging from their drives onto the road. This is because there is a `dog leg` bend in the road about 100 yards up the road from where it is parked.
The car has been where it is for about two months. At first attempts were made to get it started. These were not successful so there it sits.
Are the police authorised to order its removal in this case
yours in hope Roland Whitehall
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hello have there been any accidents or near misses as a result of this car being there?

Expert:  Jo C. replied 1 year ago.

Is this vehicle parked illegally?

Customer: replied 1 year ago.
There have been a number of near misses
Customer: replied 1 year ago.
This is a busy road on a bus route and we are about 100 yards from a roundabout.
The `abandoned` car prevents drivers emerging between it and the roundabout from seeing what is coming down the road,and drivers emerging above it from seeing what is coming up the road. This is dangerous under any condition and will be more so when we get wintry wseather
Customer: replied 1 year ago.
It is not parked illegally
Expert:  Jo C. replied 1 year ago.

I'm really sorry but if it is parked legally then it is not in a dangerous position. It cannot be by definition.

Illegal parking does not mean that it is dangerous necessarily but legal parking does mean that it is not.

I realise that vehicles left for a long time and not belonging to home owners are annoying but that doesn't authorise removal immediately or at all.

Can I clarify anything for you?

Jo