Lancaster City Council has powers to seize a vehicle, trailer or mobile plant and its contents if it is believed that 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 under the Control of Pollution (Amendment) Act 1989 or the Environmental Protection Act 1990.
A vehicle can be seized in the following circumstances:
- If it is used in fly-tipping
- If it is driven by somebody who is not registered as a waste carrier
- If it is used to transfer waste to somebody who is not registered as the waste carrier
When a vehicle is seized, the council must put details of it on a public notice in their main office within one 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 be notified in writing.
A seized vehicle can be held for 15 working days whilst it is being investigated. Where a prosecution has been started, the vehicle will be retained for the duration of the prosecution.
Reclaiming a seized vehicle
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:
- Proof of ID (valid photo card driving licence or passport)
- Proof of address (eg two utility bills in the applicant’s name no older than three months)
- V5C vehicle registration document
- Valid certificate of motor insurance
- Written proof of authority to act as an agent IF acting in a representative capacity (eg valid power of attorney + items 3 & 4 above and proof of ID and address of agent)
If we require further proof of legal ownership we will notify you within one working day. Any further proof must be received within two working days from receipt of the request and we will then notify you of a decision within three working days.
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. If a vehicle is not claimed within 15 working days, it will be sold or destroyed.
Last updated: 03 August 2018