Untested and Untaxed Car Parked in Estate - What Can Be Done?

henke

Hi all,

I had this question asked in my local forum before and went to the local authority on it based on the feeback there. Hoping I might get some further direction here.

Car parked in a common area within estate and parking is at a premium as it is. It is out of NCT a number of years and not in use and needlessly taking up space and I am not sure the rationale for the owners keeping it. I am fairly sure I know the house number it belongs to. Just curious if anything can be done. I don't particular want to bring myself to neighbours attention but would love to see this abandoned car get removed. Untaxed and tested since since 2021.

The local council say because it belongs to a nearby neighbour it not abandoned as such and they cannot remove it. They say the council just cannot go in and take someone's property (although its in a public place). My question is are they correct in what they say or is there any legal litature that clarifed

My question is there any rule this falls under. Would the Gardaí forceably remove it or start issuing fines for an untested/untaxed car in a public space? Surely cannot be allowed. I want to have my ducks in a row before going to them so I dont get fobbed off because they cannot be arsed. Much thanks.

Regards.

Marcusm

Tge first thing you need to establish is whether the estate has been taken in charge by the local authority. If it has then the roads within it are public roads and if the tax has been out for more than 2 months then it can be lifted. Whether the particular local authority will do this is a moveable feast. I suspect you will get nowhere with the gardai. If the estate has not been taken in charge then you’ll likely have a longer term problem.

Mick ah

If a car is on a public road and has no plates then the council must lift it.

csirl

I once had someone park (abandon) an old car outside my house. No tax, insurance etc. I reported it to the council. They came out and put some sort of notice on it and it was lifted by them a few days later.

henke

I contacted the council and apparently the local warden checked it out. It was registered to a house within the estate so they say they cannot come in and take someone's property as its not abandoned.

@Marcusm I suspect you are right re the Gardaí, although from reading the law it is an offence to have an untested/untaxed car in a public place. By all means they can move it onto their private property but it seems like nonsense you can put an old car on a public road and the authorities cant deal with it appropriately.

billyhead

https://www.boards.ie/discussion/comment/122174837#Comment_122174837

As mentioned if the car has no plates they should take action and remove it.

henke

https://www.boards.ie/discussion/comment/122175294#Comment_122175294

I get what your saying but trying to remove plates in an estate without getting spotted could be difficult and I'm sure it's illegal to interfere with someone's property. Council would know since it was already reported. Could be a last resort though lol.

peter4918

https://www.boards.ie/discussion/2058352894/untested-and-untaxed-car-parked-in-estate-what-can-be-done

Instead of blaming the Gardai or the council for doing nothing why don’t you just man up and speak to your neighbour about it instead of going behind his/her back, I’m sure they will appreciate that more in the long run.

Fann Linn

Is the car insured? If it is there is someone which has an insurable interest in the car and I reckon the council could be treading on dangerous ground if they lifted it. I have my daughter's car in my garden whilst she is in Australia. It has no tax or NCT on it but there is insurance as she doesn't want to lose her NCB while she is away.

If I pushed her car onto the road beside my house could the council lift it?

henke

It is not insured. It is out of test and tax since early 2021 and it's not a car that's worth much. Extremely unlikely to be going back on the road in any circumstance.

Fann Linn

Ask the owner to shift it. Or else get in touch with those lads who'll buy cars for cash. I've seen a few junkers around with stickers on windows and mobile phone numbers and lads offering cash to take them.

Marcusm

https://www.boards.ie/discussion/comment/122174837#Comment_122174837

oh the gardai can do something about it, especially on a public road. In an “in charge estate” they seem to expect the local authority to deal with it as less of a priority for them but I suspect if you make enough of a nuisance of yourself then they will deal with it. If it’s on a private driveway, nothing for them to do. In a “private” estate, while it will often be a public place (especially if not gated or not with “residents only” signs) I doubt you’d manage to get the Gardai to spring into action. The real problem arises for apartment blocks with underground parking, clearly no local authority:gardai involvement and most OMCs won’t have the powers to move it (except using human propulsion alone) or deal with it without a legal order.

claregal1

We had this issue as well notified the council they came out and put sticker on car giving owner 21 days to remove it. 21 days later car was removed by council.

henke

https://www.boards.ie/discussion/comment/122176327#Comment_122176327

What county is this in? I get the impression the council cannot be bothered to deal with it.

Olympush

Had a similar issue a few years ago. Was told by a guy who worked for the council that if the car didn’t have plates it would be removed. I went out late one night & removed them myself. Car was gone within a few days.

pc7

Is it parked outside their house? Know its public road but are you beside them and want to park your car? If so you could just knock in and ask.

claregal1

https://www.boards.ie/discussion/comment/122176370#Comment_122176370

Co Clare

Mrs OBumble

Is the estate taken in charge or not?

Seems to me this is a critical point.

henke

https://www.boards.ie/discussion/comment/122178723#Comment_122178723

The estate is taken in charge.

The council are claiming because it has a registered keeper they cannot just come in and remove it. However, I am of the opinion if it's untested/untaxed and stationary for a significant period of time they can firstly serve a notice to the owner or a sticker advising them to remove in a time period after which it would be deemed to be abandoned.

My impression however, is County council can't be arsed.

Kaisr Sose

The council should and can take any untaxed vehicle of a public road. It does not matter that it has a registered keeper. What matters is whether it's taxed. I would get onto them again, and again. Also report to AGS as they can request removal of any untaxed vehicle from a public road.

Fann Linn

From Cavan Co. Council website. A matter for Gardai according to them. Seems pretty straightforward.

GSBellew

https://www.boards.ie/discussion/comment/122175294#Comment_122175294

I'm sure you would be delighted if someone came and removed the plates from your car to get it towed away.

Could be taxed, disc might not be in for what ever reason, likewise with NCT.

henke

https://www.boards.ie/discussion/comment/122179841#Comment_122179841

I would agree and I wouldn't want to something illegal. However the car is definitely out of tax and NCT since early 2021. This information is available for any reg on the NCT website. It's stationary since then and even if roadworthy would be worth no fortune. This car will never be back on the road.

Ezeoul

Are the parking spaces allocated or first come, first served?

The owners might have declared it "off the road".

henke

https://www.boards.ie/discussion/comment/122179903#Comment_122179903

Yeah pretty much first come first serve. It's a public space. A declared off the road vehicle cannot be parked in public place and is required to be kept on private property.

RichT

When the next politician comes knocking on your door as they undoubtedly will, tell them to get the car removed and they can have your vote.

Woodcutting

https://www.boards.ie/discussion/comment/122174837#Comment_122174837

The traffic warden can put a ticket on it if it has no tax in a public place. Writing the council chief and complain the warden might be an idea. It doesn't matter who it's regd to if in a public place with no tax the warden can issue. If you leave your car in town insured, with nct, legally parked but with no tax the warden can give you a ticket. Maybe they did. You probably wouldn't be told.

Also the Garda can issue a ticket. Probably too lazy. Writing the super may help. Also the Garda can act on lack of NCT, in fact I think they can seize it

Woodcutting

You are obliged to display the tax and nct disc, not just have one. Why do people think the authorities will act for no plates if the won't for no tax nct

Woodcutting

W7

https://www.boards.ie/discussion/comment/122179800#Comment_122179800

When my tax runs out I must park in cavan main street