Hi Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.
Do you know how owns it?
yes i know hois name and his mother's address only
How do you know its been abandoned?
As opposed to just parked there for an unacceptable period?
err because he was a lodger the car wouldn't pass the MOT due to needing a replacement pertol tank so i stupidly lent him the money to get a replacement one with the insistence he got rid of the old one. he has since leftowing me the money but the flippin car is still here
Do you know here he is now?
not worries about getting the money back just need the car to go
What do you intend to do with the car?
Are you ok?
no only his mother's address- have just written a letter to him c/o her address and copying her in requesting the documents so i can call a scrap dealer but i believe i have to put an abanded notice on the car becasue if i don't get the documents i can't see how to get rid of it. i read somewhere i cna place an abandonment notice on the car which hopefully then( as I don't reckon i will get a response to my letter) will mean a scrap dealer will collect it
i just want to know legally what i can do and what i should write on the notice
Its not quite that simple although there are lots of things you can do about this.
The first thing to do, and the safest, is to report this to the local council. They will tell you that they cannot act but they can/
In any event, you will be protected by the fact of the report.
outside of towing it with my disco and putting it on council land?
Yes, you could do that as well and then they would have to act.
This isn't your car so its not your problem.
Parking it there and leaving it is trespass and you can use self help remedies.
Those do include towing.
Also, you should put a notice on it.
Take photographs of the notice there so he cannot dispute it.
i just want to know what to write on the abandonment notice i can ring the council for sure but what do i wirte on the notice which is why i asked in the first place
It would be a good idea to send him notices to the address you have for him too and follow up with texts and any other methods you have of contacting him.
yes i know that i just want advice on what to write on the notice
Regardless of whether or not they actually do reach him you will have tried.
i have done that too just tell me what to write on the notice
What you write on the notice shouldn't be your central concern.
It will not necessarily protect you if you are trying to run abandonment.
If you could give me time to finish before responding though we will probably get to the answer quicker
Abandonment is a badly defined defence in law.
It really requires you to show that you have give him 'reasonable' notification and time and what is reasonable is left up to a court to decide.
The higher the value of the item the more steps you need to take.
The best protection is to do everything you can do.
If you don't know where he is there is only so much you can do but its important to take those steps and be in a position to prove them.
A notice on the car is a step thats easy to take and so you should do it.
If he turns up a few weeks later saying that you had agreed to him leaving it there because you knew he was away though you will need to fall back upon other communications.
Sometimes people do lie.
and the wording is?
The wording of a notice is fairly fluid.
You must clearly state the times, the fact that its not welcome, the time period to resolve and your intended cause of action if its not.
But I need to give you information on that so please give me time to do so before responding.
In terms of a specific wording,
Something like 'POLITE NOTICE. THIS VEHICLE HAS BEEN ABANDONED ON MY PROPERTY SINCE X DATE. IT WILL BE REMOVED ON X DATE. THE REGISTERED KEEPER WILL BE LIABLE FOR ANY COST'.
You need to specify the dates.
You also need to take photographs of it in the windscreen regularly so that he cannot deny that it was there.
However, there is a further step.
What you do with it will be critical.
If you take it straight to a dealer and invite them to scrap it then you could rely on abandonment.
But it would be safer to remove it to council land.
Then report it.
They will act fast enough and it will be absolutely nothing at all to do with you and no claim will arise as you did not scrap it.
Its a matter for you as to whether you want to try to argue abandonment and scrap it.
But its much safer to just tow it onto public land and leave it safely there.
Trespass allows you a self help remedy.
Make a report to the Council.
Send him a text or whatever explaining what you have done.
i can't take it to a dealer as it has no mot even though i have insurance cover to drive it via my insurance but that will be invalid given it has no mot
If it has no MOT and is leaking they will be round fast enough to remove it.
No, you would have to show you are taking it to a mechanic for a pre-booked appointment.
Wouldn't be a good idea anyway.
you could tow it though
Or even just push it onto council land.
its not leaking just failed its mot and as you said he could have lied about that
The point is that its a trespass and you are entitled to remove it.
If he has no MOT though and he leaves it there then they will act fast enough.
err i live in the middle of no where and also it has no integrity to push/tow it to council land
Its much safer to let the councils take action.
Can't it be pushed at all?
yes but as i said it isn't responsible to dump it on someones' elses land- i just needed to know what to write on the notice enough to hopefully convince a scrap dealer to take it i don't care about the money i just want it removed
or it costing me
No, I wasn't suggesting that.
A scrap dealer won't tow it from your property.
The notice above will protect you if you fill in the gaps and take photos so you can prove it.
ok well it seems then if i write what you suggest that will then be enough to get a scrap dealer to remove it
It should be enough to convince any court or authority that it was abandoned.
I would still suggest report it to the councils though.
You might also try reporting it to the police.
Although they would probably take no action, you will have the report to rely upon which is helpful.
I notice you've left negative feedback?
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