Abandoned vehicles and the law

Dave_au · 11-05-2005, 09:38 PM

Hi guys.

Does anyone know the legal implications or process regarding the claim of ownership of abandoned vehicles?

A mate has his eye on a car that has been issued the abandoned vehicles sticker - and he wants that car. Is there a general rule of law (NSW or other) that states the local council has power over any non-substantiated claim to ownership?

Venomous · 11-05-2005, 09:42 PM

Damn u must have read my mind lol. Ive been meaning to post something like this up for a few days. Ive seen a eb or ea falcon parked near me and ive seen it day after day sitting there with a abandoned car sticker on it and i wanted to know what if u can claim it or what. If it just sits there do they take it away and sell it or what. Altho i went past there today and it was gone unfortunatly. Im in qld. im curious as to what is the proceding also.

**Captain Stubing** · 11-05-2005, 09:47 PM

In Brisbane, it gets towed by the council to a towing yard, kept there for a period of time, an ad's placed in the newspaper about the car/s, then sent to auction if no one claims it.
That's a rough approximation of what happens.
There's no abandoned car stickers. Council is too tight?

dogbreath_48 · 11-05-2005, 10:19 PM

Yeah same question for victoria: I drive past an abandoned magna with an orange sticker on the windscreen every day....and i could do with the cash :P

-Stu

MRJUCY · 11-05-2005, 10:42 PM

It's the Council's car once the time is up more often then not they have a tow truck company contracted to take them who generally sell them to a metal scrap yard

**Captain Stubing** · 11-05-2005, 10:46 PM

Yes, council's car, yes they've got a tow truck company contacted, but most go to auction. They make more toward revenue that way. Though if you've got a line into the tow truck company, or maybe just approach them, you might be able to get the car for the cost of the towing fees.

b2tf · 11-05-2005, 11:02 PM

Here what they do is tow them or cart them off once theyve been reported, if theres any obvious signs of an owner (i.e. rego sticker) they trey and contatc the owner, but if not - off to the council yard it goes.

They sell them off every 6 months or so.

Dave_au · 11-05-2005, 11:09 PM

So what about before council actually collects them - or is council ownership effective as soon as they apply the abandoned car sticker?

The process for Ashfield council (the only council I've found to actually document what happens)

Upon receipt of notification from either staff or external observation (contact council on 9716 1800) a report is taken on the location, vehicle make, colour and registration details if known.

Rangers will inspect the vehicle and if considered abandoned will affix a sticker on the vehicle, take a photograph, and obtain relevant information for processing into the RTA drives computer to determine the last registered owner.

The last registered owner/s of the abandoned vehicle are issued with a "First and Final Notice" which allows them four (4) working days to remove the vehicle. If the owners details cannot be traced, then the vehicle is stored for a period of twenty-eight (28) days. (If the last registered owner or their authorised agent does not claim the vehicle after that time and it's value is less than $1,000 the vehicle is disposed of as scrap metal).

After the four (4) working day period, the ranger reinspects to see if the vehicle has been removed, if not an infringement notice is issued to the last registered owner. If the vehicle is considered to be over $1,000 in value, the contractors will be advised to store the vehicle for twenty-eight (28) days. If the value is considered less than $1,000 the car is disposed of as scrap metal.

If the owner/s of the impounded vehicle wants to claim the vehicle, then they are required to provide proof of ownership and to pay to Council the daily storage and administration fees and the towing fee as stated in the adopted fees and charges in force at that time before the vehicle will be released.

If the owner does not make contact with Council for the return of the vehicle within the twenty eight days and the vehicle is considered to be over $1,000 in value, Council will auction the vehicle to recover its costs. Any money left over after this process can be claimed by the person/s who were the proven owners of the vehicle prior to the auction.

RspecAU · 12-05-2005, 12:17 AM

Dam i had my eye on a 97 camry last year and a few months ago a short wheel base F250 or F350. Next time i see anything good screw the council it's mine.

12-05-2005, 05:56 PM

Quote:

Originally Posted by RspecAU

Dam i had my eye on a 97 camry last year and a few months ago a short wheel base F250 or F350. Next time i see anything good screw the council it's mine.

as long as you realise if you spend money and register the car, the real owner can come along and claim it as you won't have any proof of ownership

Black XR6 · 12-05-2005, 07:09 PM

Well. I know someone who got an xy fairmont I think it was.

It didnt even have ana bandoned sticker on it as it was left behind on someones property when they moved.

They just took it and got a notice that it was abandoned or something from the owner of the property and registered it.

paul351xb · 13-05-2005, 12:22 AM

I was looking at a ZH Fairlane only a couple of weeks ago. I'm pretty sure the local council got it. Wasn't a bad car either. From what I have been told we can't just go and take an abandoned car. The rightful owner still owns the thing even though they may not want it anymore. Council can legally remove the car and then do with it what they choose once all avenues of contacting the proper owner have been exhausted.
Now if there was some way we could contact the owner of a car before it is towed away and then do a cheap deal for the keys and a letter of sale and remove the vehicle before councils towies get to it? Yeah easy.......and pigs fly at noon.

RspecAU · 13-05-2005, 12:36 AM

Quote:

Originally Posted by devil cv8

as long as you realise if you spend money and register the car, the real owner can come along and claim it as you won't have any proof of ownership

There are ways and means around that to

LuvinmyEB · 13-05-2005, 01:18 AM

We (my ex and I) managed to pick up an abandoned Datsun 1600 from Coburg once. It had been left behind a factory. We called the Council and they told us if we could move it, we could have it. Borrowed the ex's brothers car transporter and added it to the collection, I think that made Daddo 1600 number 6!

Damn I miss the Daddo's.

:

14-05-2005, 09:18 AM

they would make more money from taking you to court for theft ova what you could make from a dumped car! be carefull

14-05-2005, 09:19 AM

the car is still someones property, how would you know if the owner couldnt afford to pick up the vehicle!

blownvn · 23-09-2005, 08:56 AM

I think the general rule of thumb here is "don't touch what isn't yours". I'd hate for someone to "claim" one of my vehicles.

Back when I lived in Sydney my ******** neighbours used to call the council all the time about some of my cars, claiming they were dumped or some such , so I'd have to go out and scrape these stupid stickers off my cars even though they were registered and legally parked.

If you're desparate for a cheap car, go to the auctions.

clontarf_x · 23-09-2005, 05:16 PM

Quote:

Originally Posted by Black XR6

Well. I know someone who got an xy fairmont I think it was.

It didnt even have ana bandoned sticker on it as it was left behind on someones property when they moved.

They just took it and got a notice that it was abandoned or something from the owner of the property and registered it.

This is exactly what happens to imported cars. I used to work for FCD in Fremantle and we had a couple of crs (300zx's, old POS tritons e.t.c.) that had been imported and then not sold/no longer wanted by the owner. And since the importing company cant legally sell the car because it isnt theirs, they get the importer to sign a declaration of abandomment. Then its all up for grabs for the highest bidder, because with Customs, doesnt matter how much the car is worth *ahem MK3 supra 60k with mods* it gets crushed... :(

aimzes · 23-09-2005, 05:55 PM

Quote:

because with Customs, doesnt matter how much the car is worth *ahem MK3 supra 60k with mods* it gets crushed...

whaaat??? *cries*

TZENU · 23-09-2005, 07:29 PM

I rang the council once to ask them whether i could tow a abandoned vehicle home and they told me that if i did it would be clased as theft of a motor vehicle....

I dont see the point because they are just going to use it to make money!