Abandoned vehicles

Information about abandoned vehicles.

Report an Abandoned Vehicle online

Frequently Asked Questions

What is an Abandoned Vehicle?

People abandon vehicles throughout Solihull for various reasons. Sometimes the vehicle will have been used in the commission of an offence, joy riding for example, or the vehicle itself may have been stolen. Sometimes they are abandoned as a result of a breakdown or accident, and the owner recklessly decides it's cheaper for them to leave it in that location. Other reasons include simply forgetting about the vehicle, or the owner or keeper having died, or been imprisoned. Sadly, many abandoned vehicles have been, or are being used in criminal activity. They are often not insured, and have no MOT certificate, and some are even used as "pool cars", vehicles available for use by criminal gangs.

There is no legal definition of an abandoned vehicle, the Council's Environmental Health Officers have the freedom of discretion when making a decision as to whether a vehicle has been abandoned. The Council trains each officer to a high standard, and some of the following characteristics are used in making a determination if the vehicle is abandoned:

• Whether the vehicle has a current registered keeper
• The period of time that the vehicle has been stationary
• Whether the vehicle is damaged, run down or unroadworthy
• Whether the vehicle has been subject to arson
• Whether the vehicle is lacking number plates
• Whether the vehicle contains waste
• The value of the vehicle
• If the vehicle is close to the location of the registered keeper
• Whether the vehicle is displaying a current tax disc

Anchor Point:currentVehicles Displaying a current tax disc

On initial complaint a visit to record necessary information will be undertaken. Further enquiries will then be made relating to ownership, however no further action will be taken on the initial complaint. Should we then continue to receive complaints, further action will be taken once it has been established that the vehicle has been stationary for sometime. Taxed vehicles will then be removed into storage. A 7 day notice is then served on the registered keeper of the vehicle. After the 7 days, if the vehicle has not subsequently been claimed, the vehicle will be disposed of.

Removal of Abandoned Vehicles from Public Land

The Council has a duty under the Refuse Disposal (Amenity) Act 1978 to remove any vehicles that are abandoned on all land in the open air, and any land forming part of a highway. The only exception to this is where the vehicle is not on a carriageway, and the cost involved in removing it to the nearest carriageway is unreasonably high.

When an abandoned vehicle is reported to the Council, an officer will usually inspect it within the following twenty four hours. If the officer determines it as having been abandoned, the vehicle will be removed within 24 hrs. If a vehicle is considered to be abandoned and in the opinion of the Council ought to be destroyed, the vehicle will be removed and no notice will be given to the registered keeper of the vehicle and the vehicle will be destroyed. The only exception to this is if the vehicle is taxed or valuable, please see paragraph: Vehicles Displaying a Current Tax Disc and What if the Vehicle is Valuable?

To inform the Council of an abandoned vehicle, and request its removal, telephone Solihull Connect on 0121 704 8000, or email connectcc@solihull.gov.uk or complete the form attached.

Removal of Abandoned Vehicles from Private Land

Where the vehicle has been abandoned on private land that is occupied, the Council must also serve a Notice on the occupier of the land. This Notice gives the occupier fifteen days in which to remove the vehicle, or to object to the Council removing the vehicle, and is often left in a prominent position on the land, and near to the vehicle.

The occupier of the land may formally notify the Council that they wish for the vehicle to be removed, in which case there is no requirement to await the fifteen days.

To inform the Council of an abandoned vehicle, and request its removal, telephone Solihull Connect on 0121 704 8000, or email connectcc@solihull.gov.uk, or complete the form attached.

Anchor Point:valuableWhat if the Vehicle is Valuable?

The value of vehicles is determined by Parkers Car Guide. A high value vehicle is in excess of £500.

The officers inspect the vehicle upon report and if the vehicle is considered to be abandoned it will be removed within 24 hours and taken into storage, if over the value of £500. A 7 day notice is then served on the registered keeper of the vehicle. After the 7 days, if the vehicle has not subsequently been claimed, the vehicle will be disposed of. If the value of the vehicle is less than £500 it will be disposed of immediately.

Dangerous or obstructive

If the vehicle has broken down or is causing an obstruction, West Midlands Police are empowered to remove it.

To inform West Midlands Police of a broken down or obstructive vehicle, and request its removal, telephone West Midlands Police on 0345 113 5000

Custody of Abandoned Vehicles

The Council may remove any abandoned vehicle by towing or driving it, or by any other means necessary.

Disposal of Abandoned Vehicles

If an abandoned vehicle is claimed by the owner or keeper, upon proving their relationship to the vehicle, they then become liable for the costs in removing and storing the vehicle. They may also be liable to prosecution for the offence of abandoning it.

In the majority of cases, the abandoned vehicle is delivered to and then destroyed at an Authorised Treatment Facility. On occasions, valuable vehicles are sold at auction, and the income provides a small contribution to what is an expensive service.

Claiming an Abandoned Vehicle

If you believe the Council has removed a vehicle that you are the owner or keeper of, you should contact the Council. You will be required to prove your relationship to the vehicle.

To claim an abandoned vehicle telephone Solihull Connect on 0121 704 8000, or email connectcc@solihull.gov.uk.

Offences

Under section 2 of the Refuse Disposal (Amenity) Act 1978, it is a criminal offence to abandon a motor vehicle or anything that has formed part of a motor vehicle on any land open to the air, or on any other land forming part of a highway.

Penalties

The maximum penalty upon summary conviction for an offence under section 2 of the Refuse Disposal (Amenity) Act 1978 is £2,500 and three months imprisonment.

Fixed Penalty Notices

The Clean Neighbourhoods and Environment Act 2005 has introduced a fixed penalty fine for this offence which has been set at £200. This will be reduced to £150 if the penalty is received within seven days of being issued. This option will only be considered for first offences as an alternative to prosecution.

Witnessing a Vehicle Being Abandoned

If you witness a vehicle being abandoned, we will do our best to trace those responsible, and prosecute them for their actions. We will need your details, as we may need to take a statement from you at a later date. At no point will your details be released to anyone without your permission. In extreme cases you may be asked to give evidence in court, but these occasions are rare, and doing so will be your own decision.

If you witness a vehicle being abandoned, you should:

• Record the details of the vehicles involved, especially the registration number of any secondary vehicle
• Record the descriptions of the people involved
• Record the time and date of the incident

At no point should you apprehend those responsible, or put yourself at risk in any other way. Do not touch the vehicle as it could contain hazards such as chemicals or sharp objects.

If you have witnessed a vehicle being abandoned, telephone Solihull Connect on 0121 704 8000, or email connectcc@solihull.gov.uk.

Untaxed Vehicles

The Council also undertakes dealing with untaxed vehicles under different legislation to abandoned vehicle legislation. Solihull Council has been given devolved powers by the Driver and Vehicle Licensing Agency (DVLA). This means that within Solihull, the Council can perform some of the functions usually undertaken by the DVLA.

Members of the public may also anonymously report untaxed vehicles direct to the DVLA .

Do you have a Vehicle you no longer want?

To dispose of a vehicle can only be done by an Authorised Treatment Facility. A local Authorised Treatment Facility is now accepting unwanted vehicles at no charge but they are unable to advise how long this will be the case. Proof of ownership is required in order for them to accept the vehicle from you, and they are also required to record the details of the owner under the Scrap Metal Dealers Act 1964.

To contact the Authorised Treatment Facility, telephone 0121 779 3744 or 0121 779 4157.