Estates Management Policy

Abandoned Vehicles

Abandoned vehicles, unauthorised and inconsiderate parking, and the use of parking areas to carry out vehicle repairs can be a serious nuisance. Housing Services staff will actively attempt to resolve all such problems in partnership with the police, local residents and the waste management team.

Where inconsiderate parking or abandoned vehicles are causing a nuisance or a hazard, Housing Officers will make appropriate investigations to identify the owner of the vehicle.

Attempts will be made to arrange for the owner to rectify the problem. This will be followed up with a letter to the tenant outlining the nature of the problem and any agreement reached, or any instructions which are necessary to resolve the problem.

A further inspection will be carried out within a reasonable period of time, to ensure that the problem has been resolved. Where the owner has failed to comply with the agreement, or instructions given, further action will be taken.

An Interdict can be used to resolve the problem of inconsiderate parking on land that belongs to the Housing Revenue Account. This would only be used where all attempts to negotiate with the offenders have failed. An interdict would be sought to prevent the person from parking in a specific place which is causing an obstruction or nuisance. Photographic evidence along with statements from officers, the police and local residents can be used. Housing Services will pass all evidence to the council’s solicitors. If the solicitors consider it appropriate to seek interdict, then the case will proceed to court. Legal Services will deal with the case from this point. If an interdict is awarded, Housing Services staff will monitor the situation. If the interdict is breached, evidence in the form or photographs and statements will be sent to the solicitor. Breach of interdict is a criminal offence and punishable by fine or imprisonment.

Under the Refuse Disposal Amenity Act 1978, the Council’s Waste Management Section has a duty to remove motor vehicles (including trailers and caravans) which appear to be abandoned without lawful authority on any land in the open air. The one exception is where it would be prohibitively expensive to remove a vehicle from land that is not part of a road. This duty extends to land which is privately owned, but the occupier of the land must first be consulted (and a Notice served if necessary) prior to the removal of any vehicle.
The 2 main procedures for removing abandoned vehicles are as follows:

1. Vehicles considered being in such poor condition that they ought to be destroyed – by placing a notice on the vehicle for 24 hours, the vehicle will then be removed on the expiration of the notice.

2. Vehicles in reasonable condition – by removing the vehicle immediately for storage whilst ownership enquiries are made. If an owner can be traced they will then be served with a notice requiring that they reclaim the vehicle from the Council’s custody within a period of 7 days from notification. Where a vehicle owner comes forward to reclaim a vehicle they will be liable to pay a ‘release fee’ to cover the removal/storage costs incurred by the Council. Where an owner cannot be traced or they fail to reclaim a vehicle after notification, the vehicle will be destroyed.

A vehicle may not be destroyed if it displays a valid tax disc or is part of a finance agreement. The Waste Management Team and Strathclyde Police will make all necessary checks in this regard.

Vehicles that are considered to be in a hazardous condition are generally removed for storage as soon as possible in consultation with the Police.

Reports of abandoned vehicles should be made to the Waste Management Team on (01292) 613079.

The council tenancy agreement states that the tenant or anyone living with or visiting the tenant must not cause nuisance or annoyance by inconsiderate parking of any vehicle, caravan or trailer. It states that:

No vehicle, caravan or trailer belonging to you or anyone living with you or anyone visiting you may be parked on our land unless:

the land is set aside for parking; OR
we have given you written permission; OR
it is a public road;

AND, in every case,
it does not cause a nuisance or annoyance to your neighbours.”

This means that as a last resort, where all other options have been exhausted, the council could seek repossession of the property on the grounds that the tenancy conditions have been broken.