Vehicle Seizure Notices
Sunderland 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:
- If it is used in fly-tipping
- If it is driven by somebody who is not registered as a waste carrier
- If it is used to transfer waste to somebody who is not registered as the waste carrier
What happens when a vehicle has been seized?
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.
Vehicles we have seized
These notices are issued in accordance with requirements of the Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015.
Claiming a seized vehicle
If you are the registered keeper of a vehicle that has been seized, you will have been served with a notice explaining how to make a claim. Please refer to the details on the notice.
To claim the vehicle, you must register your claim with us within 15 working days of the date of the notice. This should be done in writing. Please use the form that accompanies the notice.
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:
- original V5C vehicle registration document in your name with your correct address and
- current certificate of motor insurance in your name with your correct address
Any person making a claim will also be required to produce:
- proof of identity (for example, valid photo card driving licence or passport) and
- proof of address (for example, two different utility bills in the applicant's name no older than three months)
If we require further proof of legal ownership, we will notify you within 1 working day. Any further proof must be received within two working days from receipt of the request. We will tell you whether we agree you are the legal owner or not within 3 working days of receiving your proof of ownership.
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.
A seized vehicle that has been claimed can be held for a further 15 working days whilst the alleged offence is being investigated. Where a prosecution has been started, the vehicle may be retained for the duration of the prosecution. You would be notified if the vehicle is to be retained and the reason why. If you are convicted, the court may order forfeiture of your vehicle.
If a vehicle is not claimed within 15 days, or nobody is entitled to it, it and its contents will be sold or destroyed.
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