Abandoned Vehicles Policy

Transcription

1 Abandoned Vehicles Policy Responsible Officer Director of Customer Services Aim of the Policy To ensure that all Phoenix estates are attractive and well maintained. To control the number of abandoned vehicles on estates and ensure their removal as quickly as possible to release parking spaces. To recognise that car parking is at a premium and should not be used for vehicle storage. To ensure Phoenix operate its policy in line with current tenancy agreement and leaseholder lease agreements. The Policy The Abandonded Vehicle policy applies to all Phoenix housing estate roads, paths and parking bays in accordance with current tenancy agreements and leaseholder lease agreements. The tenancy agreement states: Section G Motor Vehicles 1) You, or any person living in or visiting your home, must not, in the locality of your home, allow vehicles to be parked anywhere except in designated parking areas and vehicles should not be parked anywhere that would obstruct emergency services or prevent us, our agents or contractors carrying out their duties, for example, refuse collection. 2) You, or any person living in or visiting your home, must not park any vehicle on the estate of which your home forms part if the vehicle is longer than five metres. 3) You, or any person living in or visiting your home, must not park an untaxed or un road worthy vehicle on the estate except in a garage or on your personal driveway. If circumstances arise that you have good reason to store an untaxed vehicle on our property, then you must obtain our written consent for such storage. Such consent will not be unreasonably withheld provided you: Page 1 of 5

2 prove that a Statutory Off Road Notification (SORN) declaration has been sent to the DVLA; a copy of that declaration is forwarded to us; and a copy of the declaration is clearly displayed on the driver's side of the vehicle's dashboard. If any of these conditions are not met the vehicle will be treated as untaxed and may be removed and destroyed. 4) You, or any person living in or visiting your home, must not in the locality of your home, carry out motor vehicle repairs which are likely to cause a nuisance or annoyance or offence to other people. For example, repairs which cause excessive noise or cause oil to leak in communal areas. 5) You, or any person living in or visiting your home, must not in the locality of your home, carry on a business involving the sale or repair of motor vehicles. 6) Subject to clause 3 of this 'Motor Vehicles' section, we may claim, remove and ultimately destroy any illegally parked, abandoned, dangerous or un road worthy vehicle and charge the owner for all reasonable costs we incur. This provision also applies to any vehicle not displaying a valid licence or, where required, a valid permit. The Leasehold lease agreement states: Facilities 6) The right (in common with all other persons entitles to the like right) and subject to the availability of the services referred to:- (1) To use the refuse facilities (if any) serving the Building (2) To connect any wireless or television apparatus in the Demised Premises with any aerials for the time being provided by the Lessor (if any) (3) To park one private motor vehicles only in the area (if any) set aside by the Lessor for parking purposes on the Estate PROVIDED ALWAYS that such motor car is taxed insured and in regular use AND that no maintenance or other work is carried out to or in the motor car whilst the same is parked on the Estate SUBJECT to reasonable regulations for the common enjoyment thereof as the Lessor may from time to time prescribe. Page 2 of 5

3 Heavy Goods Vehicles (HGVs), Buses, Minibuses, Quad Bikes, Large Vehicles (classified as Category C by the Driver and Vehicle Licensing Agency) and large commercial vehicles should not be parked on Phoenix housing estate roads, paths and parking bays. Residents must request in writing permission to have a vehicle registered off road (SORN) indicating the following: Make of Vehicle. Model of Vehicle. Length of time off road. Reason off road. The maxium length of time a vehicle is allowed to have a SORN with written permission on a Phoenix housing estate is four weeks from the expiry of tax. Any untaxed or SORN vehicle without permission or has had its notice period expired on a housing estate will be issued with a two stage notice for the removal. The notices includes: 1. Date notice issued. 2. Expiry date. 3. Registration date. 4. The Officer who issued the notice. The first notice will be issued when the abandoned vehicle has been identified asking the owner to contact us. The second and final notice will be issued 1 week after the first notice was issued advising that the vehicle will be removed from the estate. Vehicles deemed with a value of less than 1000 will be demolished. Vehicles deemed with a value of more than 1000 will be kept in secure storage by a certified removal contractor for 4 weeks from the date of removal. The vehicle will be demolished if the owner does not make contact. Any cost incurred for removal, storage and demolition will be recharged to the owner. Burnt out and damaged vehicles will be reported to relevant partners (Police and Local Authority) to arrange for removal. Page 3 of 5

4 Monitoring and Review Phoenix officers will carry out regular inspections of Phoenix estates for non taxed, SORN and abandoned vehicles. This policy will be reviewed every three years or whenever there are changes to legislation or best practice. Reference to other documents and associated policies and procedures Including: First and second Notices London Borough of Lewisham Abandoned Vehicles Policy Abandoned Vehicles Procedure Tenancy Agreement Leaseholder Lease Agreement Definitions Term/acronym Resident Phoenix SORN Vehicles Description Includes tenants and leaseholders. Phoenix Community Housing. Statutory Off Road Notification Includes all motor vehicle classfications and trailers. Mobility vehicles; such as mobility scooters are excluded. DVLA Driver & Vechicle Licensing Agency Document Type: Title: Author Policy Abandoned Vehicles Policy Estate Services Manager Department Owned By Equalities Impact Assessment: Customer Services No Approval Date: 30/07/2015 Approved By: Board Implementation Date : 03/08/2015 Page 4 of 5

5 Status: Version No: Final V1 Last updated: 27/07/2015 Issue Date: 03/08/2015 File Path: \\pchfile01.phoenixch.local\shared\policies and Procedures Manual\Department- Customer Services\Abandoned Vehicles\Policy Page 5 of 5