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Abandoned Cars

  • 17-08-2008 2:24pm
    #1
    Registered Users, Registered Users 2 Posts: 9,390 ✭✭✭


    My (private) estate has a problem with people dumping cars in the car parks and leaving them there. Mostly they're old heaps of junk. The Gardai say they can do nothing, it's a civil matter. The council say they won't deal with it because it's private property (by their instruction during the planning permission!). Our agent says all we can do is get our solicitor to write them a letter asking them to remove the car but if they chose to ignore it, there's nothing further we can do.

    In the past, we paid a company to remove and crush cars that have been there for a long, long time but it's kinda dubious legally and it's expensive. Is there any other alternative? I'm a bit peeved at being treated like a dumping ground, being ignored by the law and then having to pay to remove someone else's rubbish.

    PS If someone wants a 99 BMW free of charge, PM me back :)


Comments

  • Closed Accounts Posts: 6,131 ✭✭✭subway


    well, legally, they can park wherever they like, as long as its not parked illegally of course.
    if its parked illegally report it.
    if you think it might be stolen you inform the gardai and they will reunite it with its owner.
    if the tax is out of date you can report it to the gardai also.

    legally i dont think you have any other recourse.
    i would defintely advise against crushing or otherwise disposing of the cars yourself, criminal charges and jail time possibly await.


  • Registered Users, Registered Users 2 Posts: 9,390 ✭✭✭markpb


    subway wrote: »
    well, legally, they can park wherever they like, as long as its not parked illegally of course. [...] if the tax is out of date you can report it to the gardai also.

    The problem is that AFAIK it's not legal because it's private property just like if I parked my car outside your house. Likewise, since it's private property, the Gardai have no power to do anything if the tax has expired.


  • Closed Accounts Posts: 4,784 ✭✭✭Dirk Gently


    no reg plates = abandoned car = call a recovery company to dump it in a scrap yard.


  • Closed Accounts Posts: 6,131 ✭✭✭subway


    The problem is that AFAIK it's not legal because it's private property just like if I parked my car outside your house. Likewise, since it's private property, the Gardai have no power to do anything if the tax has expired

    if its a private road then its a civil matter.
    contact your solicitor, or more likely your MC's solicitor


  • Closed Accounts Posts: 6,131 ✭✭✭subway


    clown bag wrote: »
    no reg plates = abandoned car = call a recovery company to dump it in a scrap yard.
    if the reg plates are on it then it would be a criminal offence to remove them.
    i know thats not what you suggested, i just want to clarify the point as the OP mentioned the year of the car, indicating the plates are in place


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  • Closed Accounts Posts: 4,784 ✭✭✭Dirk Gently


    subway wrote: »
    if the reg plates are on it then it would be a criminal offence to remove them.
    i know thats not what you suggested
    of course not :)

    reg plate fairies ftw!


  • Registered Users, Registered Users 2 Posts: 17,164 ✭✭✭✭astrofool


    Move them to a public road, and see how quickly they get moved :) Or remove the plates.

    Realistically, start legal proceedings against the owners, make sure you claim legal costs against them.


  • Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    You could ask for a trespassing prosecution under the Housing Acts.


  • Registered Users, Registered Users 2 Posts: 5,563 ✭✭✭connundrum


    In several dealings with the Guards and local county councils, we were advised to circulate a notice to all owners on the estate, explaining that this car(s) is deemed to be abandoned, and will be removed in 14,21,30 days if the owner does not remove them.

    Stick a sign of two on the car itself and document it i.e. take a picture of the car with the sign on it.

    Leave it for 14,21,30 days and then call a scrappers yard to remove it. Some scrappers will remove it, and then hold it for a month prior to scrapping it. This may prove handy if the owner comes back to claim his/her vehicle. Every scrapper we've used has removed the car foc.

    Unfortunately, this proceedure goes ahead at the risk of the directors of the mgt company. Thus far we've had no issues, but it may only take one irate car owner to kick up a fuss and demand the full value of their 1992 Fiat Uno in compensation :(


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    connundrum wrote: »
    Unfortunately, this proceedure goes ahead at the risk of the directors of the mgt company. Thus far we've had no issues, but it may only take one irate car owner to kick up a fuss and demand the full value of their 1992 Fiat Uno in compensation :(

    I doubt €20 for his Uno would break the bank. :D

    We've had this issue once or twice. Thankfully not that often.

    Last time, someone removed the plates from the car and pushed it out on to a nearby public road. The council then removed the abandoned car.

    One car was in our car park for 4 months, and recently someone drove it away. I assume it was the owner as there was no broken glass in the car park. So, currently we've no issues.


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  • Registered Users, Registered Users 2 Posts: 5,563 ✭✭✭connundrum


    Just thinking more about it. There should really be some guidelines set down as it seems to becoming more of an issue, especially in estates where the majority of residents would be renting.

    We had an abandoned car set alight a few months back, which prompted a clear out of any cars which were in situ for more than 3+ months, or which had no tax, insurance or NCT.

    After what happened in that underground carpark in Smithfield at the weekend, I'll be looking at anything which is a potential fire hazard. Unfortunately, old abandoned cars are a fire hazard as young lads have no fear in breaking the windows in and setting it alight.


  • Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    Of all the unreclaimed cars since Dublin City Council have started clamping, the most they've made from any of them at auction is €1,500.


  • Registered Users, Registered Users 2 Posts: 9,390 ✭✭✭markpb


    Victor wrote: »
    Of all the unreclaimed cars since Dublin City Council have started clamping, the most they've made from any of them at auction is €1,500.

    If we made €1500 (or even half that) for every abandoned car in the estate, I'd be very happy. As it stands, we currently pay for someone to remove them.


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