Abandoned vehicles and parking infringements
Purpose Is to ensure that abandoned vehicles left on CityWest Homes managed land are reported and removed in line with the council’s responsibilities.
Is to ensure that parking infringements are managed appropriately.
Scope This procedure applies to both residents and non-residents.
Use this procedure when vehicles have been abandoned or are causing a parking infringement on CityWest Homes managed land.
Personal information required
Name and address of vehicle owner
Data is managed by CityWest Homes and used in line with GDPR regulations. All documents are to be scanned onto Swordfish and managed in accordance with the Document/Data retention policy and schedule. Do not keep hard copies. A password protected spreadsheet is kept to maintain records so that repeat offenders can be identified and the case escalated. Data is provided by the DVLA under the ASB, Crime and Policing Act 2014 and is only used for the purposes of parking enforcement
Responsibility The housing services advisor is responsible for managing this process.
The housing services manager authorises action against the vehicle/owner.
Procedure 1. The housing management team are notified of a suspected abandoned vehicle or parking infringement on CityWest Homes managed land. See appendix 1 for common characteristics of an abandoned vehicle or parking infringement.
2. The housing services advisor (HSA) visits the area and completes the vehicle details checklist (appendix 2) within 24 hours. The advisor also takes photos and stores these with the checklist in their Area parking enforcement folder and updates the parking enforcement tracker (located in the G-Drive).
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3. The HSA checks if there is a record of the vehicle on orchard, or any information held locally in the garage/parking bay spreadsheets for each village.
4. The HSA follows the procedure relevant to the type of vehicle.
Parking infringements and abandoned vehicles
1. The housing services advisor puts a notice (appendix 4) on the vehicle within 24 hours. In addition:
2. if the owner is a tenant/lessee or a visitor of a tenant/lessee, put a copy of the notice through the door of the tenant/lessee.
3. The HSA records the details on the vehicle details checklist (appendix 2) to record the parking infringement.
4. If the vehicle is not moved within 48 hours (less time if it is parked dangerously or if the situation is urgent), or there is a second breach of the parking regulations, the HSA records the details on the vehicle details checklist (appendix 2) to record the continuing or second parking infringement.
5. The HSA puts a second notice on the vehicle (appendix 4) within 24 hours of being notified. In addition:
6. if the owner is a tenant/lessee or a visitor of a tenant/lessee, put a copy of the notice through the door of the tenant/lessee.
7. If the owner of the vehicle is not known, the HSA emails the completed checklist (appendix 2) and photos to the contracts and standards team. The steps above should continue to be repeated and the enforcement letter (appendix 4) issued each time an infringement is identified and recorded with photographic evidence to help build a legal case against the perpetrator.
8. The contracts and standards request details of the owner from the DVLA and pass them on to the HSA. This can take up to 21 days.
9. Once details are known, the advisor contacts the owner in writing informing them of the parking infringement and that legal action is due to commence. If the vehicle is believed to be abandoned from the characteristics outlined in appendix 1, follow the continued section on abandoned vehicles.
10. For parking infringements, the housing services manager instructs the legal team to take enforcement action by completing appendix 6. For tenants, lessees and their visitors, the action is for breach of tenancy or lease conditions. For third parties, the action is for trespass. An injunction under the Anti-social Behaviour Crime and Policing Act 2014 is sought.
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Abandoned vehicles – next steps 1. Once all notices being served on the vehicle and corresponding owner address, and the owner has not contacted the HSA, the vehicle is reported to the WCC environmental team – phone 020 7641 2000 or website https://www.westminster.gov.uk/abandoned-vehicles.
2. A Westminster city inspector inspects the vehicle, researches the registered keeper / user, and confirms whether it has been abandoned.
3. If the vehicle has been abandoned, the city inspector requests a letter of authorisation from the HSA to remove it from its location. The HSA refers the matter to the housing services manager for final approval and signs the letter (appendix 3).
4. The HSA emails the letter to the city inspector, who will send the removal request documents to Westminster’s parking operations team who will arrange for its removal. The housing team confirm whether the vehicle will be stored or disposed with the parking operations team. The vehicle will not be returned and therefore all steps must be taken to ensure that the removal is authorised appropriately.
5. The HSA saves all documentation to Swordfish under the relevant parking bay / block.
Vehicles blocking emergency or utility services In the event that a vehicle is parked in an area that is blocking emergency services, or the access of utility services such as refuse collection or CityWest Homes contractors undertaking health and safety works, the notice in appendix 5 is placed on the vehicle.
The vehicle details checklist is completed and sent to the Contracts and Standards team mailbox, where a request to the DVLA is made. The details of the owner will be given to the housing management team, who contact the owner requesting immediate removal and request for the legal team to take action against the respective owner.
Vehicles in a dangerous condition / location or stolen If there are concerns that a vehicle poses a risk to the public (see appendix 1) or is parked where it could cause an obstruction or an accident, the housing services advisor reports it to the police using number 101.
Vehicles with no road tax or SORN (statutory off road notification) Vehicles parked on CityWest Homes managed parking bays or garages must have road tax or a SORN. To check for free, the housing services advisor inputs the vehicle details on the Government website – https://www.gov.uk/check-vehicle-tax.
If the vehicle owner is known and they have a licence agreement with CWH, the housing services advisor contacts the owner to remind them that they must have page 3 of 13 uncontrolled when printed - date printed 17 October 2018
road tax or a SORN in order to rent a parking bay from CWH, and asks them to provide proof within 10 days. If they fail to do this, take enforcement action relevant to a breach of the licence agreement by issuing a NTQ on the bay/garage.
If the vehicle owner is not known, the housing services advisor notifies the DVLA and follows the steps relating to parking infringements.
Scooter and Moped parking
Scooter, mopeds and other forms of petrol vehicles is prohibited from being stored or parked in internal communal areas of a block. A notice is issued immediately on the vehicle and a block letter is distributed to residents advising this is prohibited. A request for keeper details is requested from the contracts and standards team so that legal action can be sought at the earliest availability.
Housing teams must visit blocks and estates to establish suitable parking availability for these types of vehicles if applicable. If no parking is suitable on CityWest Homes managed land, residents must utilise on street parking through Westminster City Council.
Success measure
TBC
Appendices
1) Characteristics of abandoned vehicles / parking infringements 2) Vehicle details checklist 3) Permission letter for Westminster parking to remove abandoned vehicle 4) Parking infringement notice for vehicle and tenant/lessee 5) Emergency notice 6) Tri Borough legal form instructions
Process owner Jon Lock Date created Feb 18 Author Alex Bevan Approver Jon Lock Department Contracts and standards team Revised Aug 18 Version 3 Review due Dec 18 GDPR Yes – Alex Bevan Next review due Dec 18 Reviewed? Yes /No
Revision history Revision Date Nature of change Person Approver responsible V1 09/04/2018 Single notice created for Alex Bevan Jon Lock parking infringements V2 May 18 GDPR principles applied Alex Bevan Jon Lock page 4 of 13 uncontrolled when printed - date printed 17 October 2018
V3 Aug 18 GDPR statement revised Alex Bevan Jon Lock
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Appendix 1 - Characteristics of abandoned vehicles / parking infringements
This table outlines the various types of vehicles which can cause a nuisance to residents, staff and contractors on CityWest Homes managed land. Use the characteristics associated with each type of vehicle to decide what action to take.
Common characteristics Abandoned • stationary for a significant amount of time vehicles • significantly damaged, run down or not roadworthy - with flat tyres, wheels removed or broken windows • burned out • have number plates missing • untaxed (can be checked at https://www.gov.uk/check-vehicle- tax) Vehicles in a • stationary for a significant amount of time dangerous • significantly damaged, run down or not roadworthy - with flat condition or tyres, wheels removed or broken windows stolen • burned out • have number plates missing • untaxed (can be checked at https://www.gov.uk/check-vehicle- tax) • have damaged locks / ignition • been left insecure Vehicles with • vehicle can be in any condition no road tax SORN • vehicle can be in any condition vehicles Parking • vehicle can be in any condition but is parked in a location that infringements is prohibited or which has not been given authorisation, such as failing to display a permit
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Appendix 2 – vehicle details checklist
Vehicle make and model Vehicle colour Vehicle registration Does the vehicle have road tax or a SORN? Please specify and include expiry. (https://www.gov.uk/check- vehicle-tax) Vehicle location (specific, full address where the vehicle is parked including postcode) Time and date of first incident Time and date of second incident (and any subsequent incidents)
Name and address of owner/linked address (name and address if known) Infringement (ie, unauthorised parking / abandoned vehicle / etc Any other relevant information (significant damage, flat tyres, convertible, etc)
Please ensure photos of the vehicle are sent with this form
Completed by:……………………………………………
Date:……………………………………………………….
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Appendix 3 - Permission letter for Westminster parking to remove abandoned vehicle (print on headed paper)
Reply to: Insert name and address
Tel: 0800 358 3783 Email: @cwh.org.uk Web: www.cwh.org.uk
CC: City Inspector Date: Environmental Action Team Westminster City Council DearLondon XXX (Insert name of City Inspector),
To whom it may concern,
Authorisation letter to remove abandoned vehicle.
This letter is to confirm that CityWest Homes, hereby give permission to NSL to enter the land at XXX (Insert exact location, estate and postcode), and remove an untaxed, abandoned vehicle, registration XXX (Insert registration), from land not associated to the dwelling.
INSERT EITHER PARAGRAPH A) OR B) RESPECTIVE TO THE VEHICLE:
A) This vehicle has been abandoned on CityWest Homes land without our permission by an unknown keeper for the past XXX (Insert amount of time). The site is reserved for parking permit holders only.
B) This vehicle is believed to be abandoned and CityWest Homes request it is removed as an abandoned vehicle. We have made unsuccessful attempts to contact the owner to request that it is removed and they have not been responsive to this.
General condition of the vehicle is: XXX (Provide any notable damage which can help distinguish it).
A sign was also placed on the abandoned vehicle for the owner to remove but this was totally ignored.
I will appreciate your assistance in removing the abandoned vehicle.
Yours Sincerely
Housing services manager
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Appendix 4 – parking infringement notice for vehicle and tenant/lessee
Reply to: [insert name and address]
Tel: 0800 358 3783 Email: [email protected] Web: www.cwh.org.uk
Date: [insert date]
TO THE VEHICLE OWNER
UNAUTHORISED PARKING OF VEHICLE REGISTRATION ______
YOUR VEHICLE IS PARKED WITHOUT A VALID PERMIT / IN ANOTHER USER’S BAY / IN AN AREA WHERE PARKING IS PROHIBITED
PLEASE MOVE YOUR VEHICLE IMMEDIATELY
You must park on CityWest Homes managed land with a valid permit and in bays that are designated for you or visitors. Your vehicle details have been recorded and we will take legal enforcement action against persistent offenders. These bays/garages are in use and are rented by people who cannot park their car as a result of your action. Parking in areas not designated for parking who stops emergency and service vehicles accessing the block.
Please move your vehicle immediately. Further action is now being taken against you / the person you are visiting. This could include legal action for a breach of your tenancy/lease agreement or the tenancy/lease agreement of the person you are visiting, which will incur legal costs, for which you or they will be recharged.
If you do wish to seek permission to park on this land or any other CityWest Homes managed land, you can seek permission by contacting the person at the top of this letter.
Yours faithfully,
Housing Services Advisor
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Appendix 5 – emergency notice
NOTICE
YOUR VEHICLE IS
BLOCKING EMERGENCY TO THE VEHICLE OWNER
UNAUTHORISED PARKINGACCESS OF VEHICLE REGISTRATION______
YOUR VEHICLE IS CURRENTLY PARKED IN AN AREA WHICH EMERGENCY SERVICES AND UTILITY VEHICLES ACCESS.
PLEASE ARRANGE FOR THIS TO BE MOVED IMMEDIATELY.
FAILURE TO MOVE YOUR VEHICLE COULD RESULT IN IT BEING MOVED TO ENSURE THE SAFETY OF PERSONS IN THIS BLOCK
Parking in this area is restricting the access for vehicles accessing the block to attend to services including emergencies. We will now be seeking to take legal action against you. This could include action for a breach of your tenancy/lease agreement or trespassing on CityWest Homes managed land. This may incur legal costs, for which you will be liable to pay for.
If you wish to seek permission to park in a designated parking bay and on CityWest Homes managed land, you can request permission by contacting our customer service centre on 0800 358 3783 and speaking to your local housing management team.
Yours faithfully,
Housing services advisor
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Appendix 6 - Tri Borough legal form instructions
TRI-BOROUGH LEGAL SHARED SERVICES PRO-FORMA INSTRUCTION FORM GENERAL INSTRUCTIONS
Housing (Litigation) Team
Date
Instructing CityWest Homes Limited Authority/Organisation
Please tick Instructing as Department and Cost Client Code appropriate code WCC CWH - Central - Church Street (CWH01) WC78005 WCC CWH - Central - Lisson Green (CWH02) WCC CWH - Central - Marylebone (CWH03) WCC CWH - Central - St John's Wood (CWH04) WCC CWH - North - Mozart (CWH05) WCC CWH - North - Maida Vale (CWH06) WCC CWH - North - North Street Properties (CWH07) WCC CWH - North - Queens's Park (CWH08) WCC CWH - South - Churchill Gardens (CWH09) WCC CWH - South - Grosvenor (CWH10) WCC CWH - South - Lillington & Longmore (CWH11) WCC CWH - South - Millbank (CWH12) WCC CWH - South - Pimlico (CWH13) WCC CWH - South - Soho / Covent Garden (CWH14) WCC CWH - West - Bayswater (CWH15) WCC CWH - West - Little Venice (CWH16) WCC CWH - West - Paddington Green (CWH17) WCC CWH - West - Westbourne Park (CWH18) WCC CWH - West - West Street Properties (CWH19) WCC CWH - 3rd Party - Genesis (CWH26) WCC CWH - 3rd Party - A2 Domination (CWH27) WCC CWH - 3rd Party - Circle 33 (CWH28) WCC CWH - 3rd Party - WCH (CWH29)
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Case Officer: Name Contact details (email & telephone
Client Reference (if applicable)
Signature……………………………Date:……………………….
1. INSTRUCTION DETAILS
Name of resident/tenant
Property Address
Nature of Instruction:
Documents attached ( including any recent correspondence or court orders)
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DECLARATION FOR STATEMENT OF TRUTH [Please ensure the following declaration is properly signed and dated otherwise these instructions will be returned to you.]
I understand that a Legal Officer/Solicitor will sign a statement of truth on my behalf in accordance with the Civil Procedure Rules and I confirm that: 1. I authorise him to do so, 2. I believe the facts contained in these instructions are true, and 3. I understand that proceedings for contempt of court may be brought against me if I cause the Legal Officer/Solicitor to make a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed: Date:
Print full Name: Position:
Please send this form and attachments to: [email protected] marking it “General” for ease of reference
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