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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Does the local council have the right to just take cars that

Resolved Question:

Does the local council have the right to just take cars that are not taxed or permitted on the road?

If you had just brought a car that was parked in a road and not working. if it had no tax and you were making provision for it to be moved. do they have the right in the time from purchase to collection - to remove the vehicle and say scrap it?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Why did it have no tax please?
Customer: replied 2 years ago.

it had no tax when I bought it- it had ran out.

Expert:  Jo C. replied 2 years ago.
yes, but why didnt you do it online or immeidately at a post office?
Customer: replied 2 years ago.

I dont need a lecture! :-) I was going on holdiay??


 


The car was a spare vehicle low in value and was going to be used for a quick runaround?



Do they have the right or do they have to follow some procedure of notice etc?


 


How does this work if effectively the new owner would not be not be registered yet who would they tell?


Expert:  Jo C. replied 2 years ago.
Thats a problem I'm afraid.

If this vehicle was untaxed, not SORNed and parked on public land then the council had every right to remove it without notice.

The obligation is upon the old owner to tell the DVLA of a change in ownership which they usually do because its in their interests. Even if they haven't done it they usually do fast enough when fines start coming.

For future reference, you can avoid this by taking online and leaving a note on the car explaining that. From October there will be no need to display car tax.

I'm very sorry.
Customer: replied 2 years ago.

Thank you.


 


Just a couple of points for clarity.


 


What if there was a note?


IS the emphasis on the previous owner and not the new?


What is arguable in the "just sold" principle like the next Two days.


 


Lets say the owner sold it, and it gets collected the next day does the new owner have a claim against the council?

Expert:  Jo C. replied 2 years ago.
They don't have to take notice of a note but they often will.

If you pay for tax online and then park the car on private land with a note you are fairly safe.

The onus is upon the old owner to tell the DVLA. Obviously the new owner has to sort out tax.

No, there isn't a claim I'm afraid. If a vehicle isn't displaying a tax at any time then the vehicle can be removed
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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