Vehicle seizure notices

We can seize a vehicle and its contents under the:

• Control of Pollution (Amendment) Act 1989;
• or Environmental Protection Act 1990.

When a vehicle can be seized

If a vehicle, trailer or mobile plant (and contents) are being, have been or will be used for waste crimes:

• Used in fly-tipping.
• Driven by somebody who is not registered as a waste carrier.
• Used to move waste to somebody who is not registered as a waste carrier.
• Being used at a site that is breaking the rules of an environmental permit.

Notices

Details of seized vehicles are published above and are also on display at the Town Hall, Halifax.

• Information will be on display the first working day after a vehicle has been seized.
• The notice will be on display for at least 15 days.

The police and registered keeper will be notified in writing of the seizure.

Investigations and criminal proceedings

We may keep seized property for the duration of these.

Documents required for a valid claim

1. Proof of Identification. Valid photocard driving licence or passport.
2. Proof of address. Such as two different utility bills in the applicant’s name that are no older than 3 months.
3. Vehicle Registration or other proof of ownership.
4. Valid insurance and drivers licence to be able to remove the vehicle.
5. Written proof of authority to act on behalf of another person, such as valid power of attorney, also:
   • items 3 and 4 above;
   • proof of ID;
   • and address of agent.

Contact details to claim property

Please give notice in writing to Derek Benn, Community Safety Partnership Manager:

• Address: Town Hall, Crossley Street, Halifax. HX1 1UJ.

Unclaimed property

We will become the owner of the property if:

• the claim period ends and no claim has been made;
• or a claim is made in time, but is not successful;
• or the property is no longer required to be kept;
• or proceedings in relation to which the property is seized are discontinued or have ended.

If we become the property owner, we may dispose of it as soon as we see fit to do so.

s33(5)EPA90 offences

It will be a defence if you can prove that you:

• Took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
• Acted under instruction from an employer and had no reason to suppose that an offence was being committed.
• Acted in an emergency in order to avoid danger to human health. Also, that you took all reasonable and practical steps to minimise pollution and harm to human health.
• Reported any acts in an emergency to the relevant authority as soon as you could after the event.