If you crash your car ...

M

monquest

Guest
If you crash your car, don't leave it in the ditch. I have a friend who skidded on ice early one morning before Christmas and wrote off his car. At 9am he was in the garage and requested a tow. The garage was unable to do this until later the same day. Within a couple of days he got a letter informing him that he was being fined for "abandonment". He wrote back, explained the situation and enclosed a copy of the form which says that the car was scrapped dated the day after the accident and assumed that would be that.
Not good enough it seems - he got a letter to say pay up within a week or he will be taken to court.
He phoned to see if this was sent in error and the lady didn't have all the details in front of her and will get back to him tomorrow.
Just thought it was worth a warning and I wonder if anyone can tell me the legal definition of abandonment ?
 
Within a couple of days he got a letter informing him that he was being fined for "abandonment".
Click to expand...
Out of curiosity, who was the letter from, and what are their official rules to comply with "non-abandonment"? Seems a bit harsh after an already traumatic experience.
 
enclosed a copy of the form which says that the car was scrapped dated the day after the accident
Click to expand...

Perhaps the insurance company was the owner of the 'lump of metal' at the time.
 
Fine

Hi,
I am not sure where the fine came from - I imagine it is a litter offence rather than a traffic offence. I will try to find out.

By the way, the lady didn't get back to him.

Monquest
 
abandoned car

source: Dun Laoighaire Council

"It should be noted that the abandonement of a vehicle is an indictable offence under the 1996 Waste Management Act with fines of up to €12,700 on prosecution" (ouch!)

Some Local Authorities offer a recycling facility at a nominal cost.

definition under the act
"abandoned", in relation to a vehicle, includes left in such circumstances or for such period that it is reasonable to assume that the vehicle has been abandoned, and cognate words shall be construed accordingly.

The 1996 Act does state "it shall be a good defence to prove"

a ) that the act complained of constituted the transfer of control of the vehicle concerned to a person, with his or her consent, at a facility provided by or on behalf of that person for the purpose of the recovery or disposal of vehicles (including a facility referred to in section 38 (3) and that such transfer of control was not effected in contravention of section 32, or
( b ) in case the defendant is the registered owner of the vehicle concerned, that the abandonment of the vehicle was not authorised by him or her.

The conversation with the Authority should have ended the matter, although generally sensitivity is not their strongest suit. Get your friend to confirm that the Local Authority will be taking no further action.
 
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