Vehicle Seizure Notices
Birmingham City Council has powers to seize a vehicle, trailer or mobile plant and their contents if it's believed it is being, has been or will be used to commit a waste crime such as fly-tipping. Vehicles and their contents can be seized under the Control of Pollution (Amendment) Act 1989 or the Environmental Protection Act 1990.
A vehicle can be seized in the following circumstances:
- It has been used to illegally dump waste (e.g. fly tipping) in a way that could cause pollution to the environment or harm to human health
- It has been driven by someone not registered as a waste carrier
- It has been used at a site that’s breaking the rules of an environmental permit
- It has been breaking the rules of duty of care, for example it has been used to transfer waste to someone not registered as a waste carrier
When a vehicle is seized, the council must put details of it on a public notice in their main office within 1 day of seizing the vehicle. They must also put these details on the authority's website or in a local newspaper. The police and the registered keeper will be notified in writing.
A seized vehicle can be held for 15 working days whilst it is being investigated.
Where a prosecution has been started, the vehicle will be retained for the duration of the prosecution.
To claim a seized vehicle you must be the legal owner of the vehicle and be able to provide the following documents to prove this:
- V5C Vehicle registration Document in your name with your correct address and;
- Current certificate of motor insurance in your name with your correct address.
If we require further proof of legal ownership we would notify you within one working day, any further proof must be received within two working days from receipt of the request, we will then notify you of a decision within three working days.
Where a vehicle has been claimed the owner will have 10 working days to collect the vehicle, unless we need to keep the vehicle for further investigation or are prosecuting the owner. If a claimed vehicle is to be released and is not collected within 10 working days it can be sold or destroyed. If a vehicle is not claimed within 15 working days, it will be sold or destroyed.