Abandoned vehicles

There is no legal definition of an ‘abandoned’ vehicle however, the following characteristics are generally common to abandoned vehicles, and one or a combination of the following could assist a council officer in making a decision on abandonment.

• Untaxed, with one or more of the following:

• No current vehicle keeper on the DVLA record

• Stationary for a significant amount of time

• Significantly damaged, run down or un-roadworthy

• Burned out

• Lacking one or more of its number plates

• Containing waste

A vehicle does not have to meet any or all the above criteria for it to be considered as being abandoned. It is at the discretion of the investigating council officer who will look at all the individual circumstances in reaching a decision.

A vehicle that has no tax is not necessarily abandoned.

It is a criminal offence to abandon a motor vehicle on open land or the public highway.

If you are the registered keeper of a vehicle that’s not being taxed and is kept off the road on a private drive/ land you must make a SORN (Statutory Off Road Notification). You can do this online, by phone, at a Post Office branch or when you apply for a refund of vehicle tax.

It is illegal for any vehicle to be on the Highway with a SORN declaration.

You will need to make a SORN:

• If your vehicle is being kept off the road due to repair or a MOT failure, or it is not being used

• If you are not renewing your tax and you are keeping the vehicle off the road

• If you are applying for a refund of vehicle tax and keeping the vehicle off the road

• Every 12 months if you continue to keep your vehicle off the road

• In advance if your vehicle is to be kept off the road in Great Britain when you are abroad

Vehicles that have SORN declarations are not removed from Private Land unless the council is requested to do so by the land owner.
This means that vehicles with SORN are permitted on private land only with the landowners permission.

Any vehicle on the public highway (this includes council owned car parks) that has a SORN declaration can have a destruction notice applied to the vehicle stating that the vehicle will be removed.

If the vehicle is causing an obstruction, report it to the Police (0845 0404545).
If they are unable to act, the police may still report the vehicle to the Council.

If the vehicle is suspected of being abandoned, it should be reported to the Council using our Report an Abandoned Vehicle Form or by contacting Action Line (24 hour telephone contact service) 0800 5 19 19 19

the council has a target to ensure that reported vehicles are investigated within 24 hours of notification, and if deemed abandoned, are removed by the Council’s contractor after 24 hours, or earlier if they could put public safety at risk.

The vehicles are kept for 10 days at the Contractors pound this gives the owner’s time to contact and /or to pay to release their vehicle if required. Owners are informed that they either have to have the vehicle taxed on return, or moved to private property.

Vehicles that are not claimed within 10 days are disposed of.

Just being untaxed does not mean a vehicle is classed as an abandoned vehicle.

If you wish to report a vehicle that appears to be untaxed but is on the highway you can report it online direct to the DVLA using the link provided or call the national untaxed vehicles telephone hotline - the freephone number is 0800 0325 202.

If you choose to send the details in writing to your nearest DVLA Local Office (which can be done anonymously), the details must include the:

• Registration number

• Location of the vehicle

• Make or model, and colour

Wherever possible, please provide the:

• Time it can usually be seen on a public road

• Name and address of the owner

• Time and date untaxed vehicle was witnessed on the public highway

The information provided can then be used for further investigations by an inquiry officer who can make a formal sighting of the vehicle and complete a witness statement.

Vehicles on private property can be removed by the Council provided that the following procedures have been carried out.

The vehicle has to be untaxed, and the DVLA will need to be contacted by the landowner to find out the name and address of the registered keeper. Every endeavour must be made by the landowner to trace the owner of the vehicle and request its removal from private property.

If the registered keeper cannot be found, then a notice may be placed on the vehicle by the land owner stating that if it is not removed from private property within 7 days then the vehicle will be taken away and disposed of.

The landowner can then request a Refuse Disposal Form from the Council to complete and return to Parking Services. This gives the Council the landowner’s permission to go on to their land to remove the vehicle.

Land owners may be asked to provide documentary proof that these procedures have been followed before the council can act upon your request under the Refuse Disposal Amenity Act 1978.

Once the vehicle has been checked with the DVLA to establish that it is untaxed, and inspected by the Council officer to verify that it is not just an untaxed vehicle, the Council can then put a 15 day notice on the vehicle for the attention of the landowners. If this is not disputed within the 15 day period the vehicle can then be removed by the Council under the Abandoned Vehicle procedure.

You can only recover your vehicle if it has been removed for no more than 10 days (after which it will be disposed of). There are fees that are payable if you have had your vehicle removed through being abandoned. You will need to tax your vehicle within 7 days or run the risk of it being removed again if it is left on Highway land. Payment of fees for recovery must be made in person through the Gateway office in the Civic Centre, Southampton.

You will also be asked to provide proof of vehicle ownership, and a contact number which our Contractor will use to liaise with you regarding delivery of the vehicle.

Southampton City Council, offer a Car Clear service where your ‘end of life’ vehicle can be collected locally, removed and disposed of legally. There is currently no charge for this service. This scheme is available to residents who live within the Southampton City boundary only.

The vehicles can only be given up in person (as your identity needs to be verified) at the Local Housing Offices or Redbridge, Hightown or St Marys Fire Stations, and at Gateway at the Civic Centre.

You will need to take photo identification, proof of your address, proof of ownership (your vehicle registration document) and car keys with you. You will also need to complete a Project Car Clear form to provide your authority to the Council (or agents) to collect and dispose of the vehicle.

Alternatively, the Environment Agency maintains a list of Authorised Treatment Facilities which are licensed to dispose of vehicles. The list can be found on their website - please follow the links provided for details.

Burnt out vehicles can be dangerous, due to the residue of dangerous chemicals arising from the fire. Please keep clear of such vehicles and report them as soon as possible to Hampshire Police on 0845 045 4545 or Actionline on 0800 519 19 19.

The legislation that empowers Southampton City Council to remove abandoned vehicles comes under amended sections 11-17 of the Clean Neighbourhoods and Environment Act 2005:

• Refuse Disposal (Amenity) Act 1978 – Sections 2-5
• Road Traffic Regulation Act 1984 – Sections 99-103
• Removal and Disposal of Vehicles Regulations 1986 (s1 1986/183)

The legislation places an onus on local authorities to remove motor vehicles that are abandoned without lawful authority on any land in the ‘open air’ or any other land forming part of a highway.