Abandoned vehicle

Post by **yorky** » Tue Jul 10, 2012 10:08 pm

Got an interesting situation at my office, we have had a vehicle dumped in our car park which hasn't moved for months.

Called Police, but its on out of state plates so couldn't help. Told to call council.

Called council, but because its on private property they can't help, call a tow truck.

Called towing companies, can't help since its not authorised.

So apparently this car is stuck here forever now... It has been broken into as well now. Of course we can't touch it since its not ours.

Magnus · Post by **Magnus** » Wed Jul 11, 2012 7:51 am

yes, it's a a messy situation, and can be a drawn out legal process to get it resolved.

This is from Legal Aid WA

What are the steps I need to take to sell or dispose of the goods/property?

You can negotiate

You should contact the person who left the goods with you or at your property and ask that they collect them. Make sure that you say the date that you would like the goods/property collected by. If possible, your request for the collection of goods should also be in writing. Depending on the reason the goods were not collected it may be possible to negotiate an agreement for collection of the goods that is suitable to you both. If the goods remain uncollected you may need to begin legal proceedings to sell or dispose of the property. Always get legal advice before going to court.

You must give formal notice

If you cannot reach an agreement with the other party before disposing of any goods or property you are required by the Act to give the other party formal notice that you intend to sell or dispose of their property. This can be completed by filling in a form and serving it on the other party. The forms can be obtained from the Magistrates Court of WA. Get legal advice about what you must address in your notice to the other party.

What if I do not know the other party's whereabouts?

If you do not know where the other party resides or cannot contact them you must give notice of your intention to sell or dispose of goods to the Commissioner of Police. If this applies to you get legal advice.

What if I have given notice and nothing happens?

If you have served your notice and one month has passed and you have received no response from the other party you can make an application to the Magistrates Court of WA for an order to sell or dispose of the goods. Get legal advice if this applies to you.
What orders can the court make?

The court can order :

the goods be sold or disposed of
the way in which the goods are to be sold or disposed of
prohibit the sale or disposal of the goods
reasonable storage fees be awarded to the person making the application
an advertisement be placed in the newspaper for the owner to be notified

Post by **yorky** » Wed Jul 11, 2012 8:38 am

Wowsers. Seems like an easier task to just push the bloody thing out onto the verge for the Ranger to deal with

kilmo · Post by **kilmo** » Wed Jul 11, 2012 9:19 am

kilmo · Post by **kilmo** » Wed Jul 11, 2012 9:20 am

Post by **robbage** » Wed Jul 11, 2012 4:35 pm

Call the police and tell them it's ticking....

allycat · Post by **allycat** » Wed Jul 11, 2012 5:52 pm

Ring sims metals or one of those companys.They will give you $100 for it.

Post by **yorky** » Wed Jul 11, 2012 5:57 pm

But they can't legally take it right?

allycat · Post by **allycat** » Thu Jul 12, 2012 11:34 am

You've done your best to locate owner.So personley thats what i would do.Is it a piece of crap?

Post by **yorky** » Thu Jul 12, 2012 12:41 pm

Its an older Fairmont so yes

kyeboi · Post by **kyeboi** » Thu Jul 12, 2012 4:54 pm

release the hand brake fair game

Post by **yorky** » Thu Jul 12, 2012 4:59 pm

Release the handbrake and it goes through the shop window...

Since its been broken into thought anyone can get into it.

nra555 · Post by **nra555** » Thu Jul 12, 2012 10:39 pm

we can get my 4x4 and tow it onto the verge..... then ring the council again

I would ring the police in the respective state and verify its not stolen, and maybe ask them to contact the owner.

if its been dumped there for months, has interstate plates on it and isn't worth more that $1,000 then i cant really see the owner going out of his/her way to come after it.

maybe ring the court house.

Post by **yorky** » Fri Jul 13, 2012 11:39 am

Update: Emailed SA Police traffic listed on their website, got a quick response saying the owner is registered locally here and they have forwarded details to WA Police to contact them.

Fingers crossed WA Police get in touch with the owner so they can collect it (although good chance they might ignore it since the vehicles in a bad way and very soggy on the inside).

dazla · Post by **dazla** » Fri Jul 13, 2012 6:41 pm

You might find WA Police will send a letter to the last known address of the registered owner giving him a set period (normally 7 days) to remove the vehicle.

After that time you'll be given permission to dispose of the vehicle if the owner doesnt make contact/arrangements for it to be removed.

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