Vehicle seizure notices

Seizing vehicles for suspected waste crime

The Council has powers to seize a vehicle, trailer or mobile plant (and any contents) if it's believed it is being, has been or will be used to commit a waste crime such as fly-tipping.

Vehicles and their contents can be seized, without a warrant, under the Control of Pollution (Amendment) Act 1989 or the Environmental Protection Act 1990. A vehicle can be seized if:

  • it has been used in fly-tipping

  • it is driven by somebody who is not registered as a waste carrier

  • it is used to transfer waste to somebody who is not registered as a waste carrier

  • waste has been escaping from the vehicle

When a vehicle is seized, the Council must put details of it on a public notice in their main office within 1 working day of seizing the vehicle. They must also put these details on the Council's website or in a local newspaper. The police and the registered keeper will also be notified in writing.

The procedure for dealing with seized vehicles and property is set out in The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015.

 

Details of vehicles we have seized in the current financial year

These notices are issued in accordance with requirements of the Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015. We must make this information available to the public for at least 15 days.

 

Numbers of vehicles seized in previous financial years

Year Number
2018/19 12
2017/18 10
2016/17 4
2015/16 9

 

Claiming your vehicle

If you are the registered keeper of a vehicle that has been seized, you will have been served a notice explaining how to make a claim. Please refer to the details on the notice.

To claim the vehicle you must register your claim with us within 15 working days of the date of the notice. This should be done in writing. Please use the form that accompanies the notice.

To claim a seized vehicle you must be the legal owner of the vehicle and be able to provide the following documents to prove this:

  • original V5C vehicle registration document in your name with your correct address and

  • current certificate of motor insurance in your name with your correct address.

Any person making a claim will also be required to produce:

  • proof of identity (e.g. valid photo card driving licence or passport) and

  • proof of address (e.g. two different utility bills in the applicant’s name no older than three months).

If we require further proof of legal ownership, we will notify you within 1 working day. Any further proof must be received within 2 working days from receipt of the request. We will tell you whether we agree you are the legal owner or not within 3 working days of receiving your proof of ownership.

Where a vehicle has been claimed, the owner will have 10 working days to collect the vehicle, unless we need to keep the vehicle for further investigation or are prosecuting the owner.  If a claimed vehicle is to be released and is not collected within 10 working days it can be sold or destroyed. Alternatively, we may make arrangements to deliver the vehicle to you within the 10 days.

A seized vehicle that has been claimed can be held for a further 15 working days whilst the alleged offence is being investigated. Where a prosecution has been started, the vehicle may be retained for the duration of the prosecution. You would be notified if the vehicle is to be retained and the reason why. If you are convicted, the court may order forfeiture of your vehicle.

If a vehicle is not claimed within 15 days, or nobody is entitled to it, it and its contents will be sold or destroyed.

 

 

 

 

 

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