Knowsley Metropolitan Borough Council is authorized to seize vehicles, trailers, or mobile plant and their contents if there is reasonable suspicion that they are being, have been, or will be used for waste crimes such as fly tipping. This seizure power is based on the Control of Pollution (Amendment) Act 1989 and the Environmental Protection Act 1990.
Circumstances for vehicle seizure
Vehicles can be seized under the following circumstances:
Fly tipping
If a vehicle is used to dump waste illegally, it can be seized.
Unregistered waste carrier
If a vehicle is driven by someone who is not registered as a waste carrier, it can be seized.
Waste transfer to unregistered carrier
If a vehicle is used to transfer waste to someone who is not registered as a waste carrier, it can be seized.
Vehicle seizure procedure
When a vehicle is seized, the council must promptly post details of the seizure in their main office and on their website or in a local newspaper. Additionally, Merseyside Police and the registered vehicle owner will be notified in writing.
The council can hold seized vehicles for up to 15 working days while they investigate the matter. If legal proceedings are initiated, the vehicle may be retained for the duration of the prosecution.
Claiming a seized vehicle
To reclaim a seized vehicle, the claimant must be the legal owner and provide the following documents as proof:
- V5C Vehicle Registration Document with the correct owner's name and address.
- Current Certificate of Motor Insurance with the correct owner's name and address.
If further proof of ownership is required, the council will notify the claimant within one working day. The additional proof must be provided within two working days of receiving the request. The council will then make a decision within three working days.
Vehicle release and disposal
If a claimed vehicle is not collected within 10 working days, it may be sold or destroyed. Unclaimed vehicles will be sold or destroyed after 15 working days.
This rewritten version provides a more concise and easy-to-understand explanation of vehicle seizure procedures and the requirements for reclaiming a seized vehicle.