Re: Car abandoned in my front garden
Someone has abandoned a car in my front garden. It has number plates, tax expired 2007, no insurance or NCT on display
Gardai say it is not reported as 'wanted' and agree that it looks to have been abandoned. Gardai say they can do nothing about it as it is on private property and decline to tell me the registered owner name & address.
I want to legally clear it from my front garden
What should I do ?
The behaviour of the Gardai is incomprehensible.
At least one offence has been committed that of littering.
You have reported it to the Gardai. They should enforce the law. They have the means to determine the owner (reg plates) and should prosecute on all offences.
Even if the do not want to follow the law to the letter, they could (out of common sense) call on the owner on your behalf to request him to remove said item and inform him that if he doesn't he faces prosecution.
Alternatively, you could attempt a civil action. You would need to go through your solicitor to force the Gardai to disclose the name of the person so that you (or the DPP if they do not want to /cannot disclose) can prosecute him in court. However, you have the costs, time and stress that this way inevitably involves. It is unlikely that the DPP would mount a case unless you embarress them into it - meaning you are stuck with the problem.
As said here one way around the problem may be to go to your local county council Environmental section. Even though it is on private property they might help ypu if you ask nicely! Through the council's motor tax records they can find the owner or alternatively (if data protection is a problem for them) request it from the Gardai as you have made a formal report. If the point with the object being on private property is not a problem for them they could invoke proceedings against the perpetrator.
Contact the inspector at the local garda station. Inform him that you have no means of contacting the culprit other than going through the Gardai. Remind him of the date and time you reported the incident and ask him to inform the culprit that he has x number of days to remove said item. If you get nowhere send a registered letter to the Gardai instructing them to inform the owner that if not removed, you will remove the item (call a scrap dealer) and charge the culprit all costs incurred. State that you will neither be responsible for any damages to nor for the fate of the item. Also state that the culprit is to inform you before entering your property and that he does so at his own risk. Ensure you note on the letter that a copy has been sent to your solicitor (or get him to write it if you want to pay for it). You may have to end up moving it yourself and paying to do it but you are covered as you have informed the Gardai. It may be the cheapest and most hassle free method in the long run.
You are also free to contact the Garda ombudsman to look into why the Gardai did not act and left you 'on your own'.
If it is on your property for a year and a day it belongs to you anyway.
If you can get into the car you may find something that leads you to the owner.
I must say a totally miserable performance by the Gardai. Such an attitude only promotes people to commit such offences.
The behaviour of the culprit is unreal. How was that person raised?
Any advice given is my own opinion and to be taken at the readers own risk.