We have the powers to seize a vehicle and its contents if it is believed to have been, or will be, used to commit a waste crime such as fly tipping.
The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015 set out the procedures we follow once we have seized a vehicle, trailer or mobile plant and their contents if it's believed they are being or will be used to commit a waste crime such as fly-tipping.
A vehicle can be seized in the following circumstances:
- If it is used to illegally dump waste (fly tipping) in a way that could cause pollution to the environment or harm to human health
- If it is driven by somebody who is not registered as a waste carrier
- If it is used at a site that is breaking the rules of an environmental permit
- If it is used to transfer waste to somebody who is not registered as the waste carrier
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 and a Magistrate would decide whether the vehicle would be returned to its owner or surrendered for sale or destruction.
How to claim a seized vehicle
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 proofs 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 you will have 10 working days to collect the vehicle, if the vehicle 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 and any proceeds will go against the seizure costs.