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  1. #1
    DF PwNagE BigBrand's Avatar
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    Default A legal loophole?

    Scenario:

    I use an NCP car park in my city centre for work most days, for the last 6 months there has been a car parked second to top floor, with a smashed drivers window, and 2 now flat tyres.

    The car was originally sealed up, presumable by the NCP, but has since been broken into and the local homeless crew no doubt had numerous rummages around.

    It's approaching 7 months in Jan that the car has been there.

    I've ran the plates, and the vehicle holds no tax, no MOT and no insurance. So I suspect the vehicle may be on false plates.

    But this has got me thinking. If I were to grab the VIN on the way home tonight, and run the VIN for HPI/MOT and Tax to confirm it's true identity, I could in theory run a MID check to establish if it's insured, or has been insured over the last 7 months. I have already checked the registered keeper, and there is "no keeper for that VRM" for this VRM (which if it's fake then I would expect this) but if I was able to confirm the VRM via the VIN and indeed the vehicle is no longer registerd with any individual via the DVLA - would I have a claim in registering the vehicle in my name for the purposes of removla and selling it on.

    Immediately I'd probably need permission from NCP, as it's on their private land (but seeing as it takes up a spot in a premium car park) I'm sure they'll be happy to let me take it if it was all legal).

    I'd then have the option of either getting it into Auction and selling it as it (with no keys), or once I was the registerd keeper, obtaining a spare key from the manufacturer) and then selling it with a key as a runner (providing it runs)

    None of the above seem insurmountable, and the vehicle spec (according to my checks is worth over 9k retail, so as a none runner or runnier you may expect 25/30% of that at auction.

    Has anyone any experience of this here?

  2. #2
    DF Super Moderator BertRoot's Avatar
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    Default Re: A legal loophole?

    If you are trying to take ownership then NCP may want some cash for storing it for nine months. Always an angle.


  3. #3
    DF PwNagE BigBrand's Avatar
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    Default Re: A legal loophole?

    Quote Originally Posted by BertRoot View Post
    If you are trying to take ownership then NCP may want some cash for storing it for nine months. Always an angle.
    Potentially, something certainly to consider. Although they appeal for them of not having to pay to remove it, might just be enough.

  4. #4
    DF Super Moderator JonEp's Avatar
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    Default Re: A legal loophole?

    What your proposing is theft.

    First of all and you will know this already, the registered keeper is not necessarily the person who has good title to the vehicle so even if you were able to register it without committing an offence under the Fraud Act you still wouldn't have good title to it.

    There is an exception to this when the object is land known as Prescription, a process of acquiring rights and in particular obtaining a good title to land as a result of the passage of time usually after you have fenced it off or changed the locks and enjoyed uninterrupted occupation for a decade or so.

    And secondly the removal of abandoned vehicles on the road is controlled by Section 99 of the Road Traffic Regulation Act 1984 and amended to cover “or other land” not just roads by Section 55 Protection of Freedoms Act 2012.

    In essence only the Local Authority or Police have a right to remove an abandoned vehicle.

    3 Thanks given to JonEp

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  5. #5
    DF PwNagE BigBrand's Avatar
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    Default Re: A legal loophole?

    Quote Originally Posted by JonEp View Post
    What your proposing is theft.

    First of all and you will know this already, the registered keeper is not necessarily the person who has good title to the vehicle so even if you were able to register it without committing an offence under the Fraud Act you still wouldn't have good title to it.

    There is an exception to this when the object is land known as Prescription, a process of acquiring rights and in particular obtaining a good title to land as a result of the passage of time usually after you have fenced it off or changed the locks and enjoyed uninterrupted occupation for a decade or so.

    And secondly the removal of abandoned vehicles on the road is controlled by Section 99 of the Road Traffic Regulation Act 1984 and amended to cover “or other land” not just roads by Section 55 Protection of Freedoms Act 2012.

    In essence only the Local Authority or Police have a right to remove an abandoned vehicle.
    Bummer, thanks for that information.

    I'll draw a line under it then.

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