Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

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  1. #1
    Basic Account Holder pkinsey Novitiate

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    Default Parking a "SORN" vehicle on an unadopted road

    Is it legal to park a vehicle that is declared as off the road (currently on my drive) on an unadopted road or am I likely to face fines. I could do with my drive back!!

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  2. #2
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    Default Re: Parking a "SORN" vehicle on an unadopted road

    It is, so long as it is not on a road maintainable at public expense.


  3. #3
    Basic Account Holder tim2718281 Informative tim2718281 Informative tim2718281 Informative

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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Quote Originally Posted by pkinsey View Post
    Is it legal to park a vehicle that is declared as off the road (currently on my drive) on an unadopted road or am I likely to face fines. I could do with my drive back!!
    It depends on whether the public have access to the privately-owned road, whether the vehicle is immobilized - that is, is wheels prevented from turning - and whether there is an insurance policy on force relating to the vehicle.

    Determining whether the public have access is trickier than might be thought; if pedestrians have access, it may be public. But it also depends on whether access is for purposes to do with the owners of the road.

    This makes sense. Suppose, for example, a farmer owns some land, with a private road leading to a farm shop owned by the farmer. Members of the public visiting the shop will use the road, but I'd say that does not make it public for road law purposes. So you could park an uninsured vehicle there without committing an offence.

    However, if the private road was used by pedestrians as a short-cut to a shop *not* owned by the farmer, that might be enough to make it public for road law purposes - and so vehicles parked there would need to be insured.

    I expect you can find lots of cases and appeals on this subject, mainly brought by insurance companies attempting to avoid liability.

    My understanding is that vehicles parked on a private road would not require a test certificate though ... admittedly I've not tried very hard to try to get to the bottom of that question.

    I also seem to recall reading that if the vehicle were immobilised such that is impossible for the wheels to turn, insurance is not required if it is on a private road even if the public have access.

    Tim


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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Oh, are we do insurance as well as tax?


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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Quote Originally Posted by pkinsey View Post
    Is it legal to park a vehicle that is declared as off the road (currently on my drive) on an unadopted road or am I likely to face fines. I could do with my drive back!!
    Whether the road is adopted or not is irrelevant.

    You may not place a vehicle under SORN on the Public Highway. Who actually owns the highway is immaterial.

    You can check with the Highway Authority (County Council or Unitary Authority) to see if you unadopted road is actually public hughway. If they confirm that it is not, then you may park the vehicle there under SORN rules


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    Default Re: Parking a "SORN" vehicle on an unadopted road

    An unadopted road is exactly that......

    Unadopted by the Highway Authority, so it is NOT a public highway.

    My house in Wales is on an unadopted road, I have two SORN'd vehicles parked on this road, and the local Police have told me that there is no requirement for any Tax, MOT, or Insurance. PLUS, they say that the vehicles do not have to be immobilised, they also say I can even drive them along the road perfectly legally as long as I don't drive onto the PUBLIC highway at the end of the village.


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    Default Re: Parking a "SORN" vehicle on an unadopted road

    If the public has access to the road it's a public place and you do require insurance.


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    Basic Account Holder tim2718281 Informative tim2718281 Informative tim2718281 Informative

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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Quote Originally Posted by djweeble View Post
    An unadopted road is exactly that......

    Unadopted by the Highway Authority, so it is NOT a public highway.
    No. If the road does not meet the minimum standards set by the local authority, they will not adopt it even if it is a public highway.

    But if the public have unhindered access - eg if there is a public footpath along the road - then it is a public highway even if it is unadopted.

    Actually, there's a thread on this site about this, titled "Tickets on an unadopted road".

    http://www.consumeractiongroup.co.uk...tml#post171838

    Tim


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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Quote Originally Posted by tim2718281 View Post
    But if the public have unhindered access - eg if there is a public footpath along the road - then it is a public highway even if it is unadopted.
    Not necessarily. I live opposite a 'service road' to a primary school. It's tarmacced, pavements on each side and street lighting and has public access. The road is owned by the Education Dept of the local council, who maintain it, yet it is unadopted and not part of the public highway (I've written confirmation)


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    Default Re: Parking a "SORN" vehicle on an unadopted road

    If you look at the Vehicle Excise and Registration Act 1994 you will see that it makes mention of "public roads". If you then look at s. 62 it tells you what is a public road, namely "in England and Wales and Northern Ireland, means a road which is repairable at the public expense".

    So the best bet is to contact your local highways authority and check to see whether the road is maintainable at public expense.

    You do still need insurance though.


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    Default Re: Parking a "SORN" vehicle on an unadopted road

    My neighbour has SORN his car, but still uses it on the public road every day. It is almost three years since he last bought a tax disc. In fact, at the moment he has six cars parked in front of his house. The road, however, is unadopted, so he gets away with it. He calls himself a trader, but he never sells any of the cars - just drives them around. It is like living on a garage forecourt.


  12. #12
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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Quote Originally Posted by bondie45 View Post
    My neighbour has SORN his car, but still uses it on the public road every day. It is almost three years since he last bought a tax disc. In fact, at the moment he has six cars parked in front of his house. The road, however, is unadopted, so he gets away with it. He calls himself a trader, but he never sells any of the cars - just drives them around. It is like living on a garage forecourt.
    Then why don't you report him? I WOULD!!

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    Default Re: Parking a "SORN" vehicle on an unadopted road

    As SS says - go to the DVLA website, they're happy to take reports of unlicenced vehicles being used.

    Here is where it all happens;

    https://www.dvla.gov.uk/dvla/onlines...ed.aspx?ext=dg


  14. #14
    Basic Account Holder bondie45 Novitiate

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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Already reported him three times to dvla, nothing has happened as yet. Thanks anyway for the advice.


  15. #15
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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Quote Originally Posted by bondie45 View Post
    Already reported him three times to dvla, nothing has happened as yet. Thanks anyway for the advice.
    Nothing will happen as the vehicles are legally parked off road as far as SORN is concerned. The DVLA or their agents NSL will not bother taking action which probably surveilance and require a RIPA authorisation to catch him using an untaxed vehicle on a public highway maintained at the public expense it is not worth the man hours or expense when there is easier prey for them to target.


  16. #16
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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Quote Originally Posted by green_and_mean View Post
    Nothing will happen as the vehicles are legally parked off road as far as SORN is concerned. The DVLA or their agents NSL will not bother taking action which probably surveilance and require a RIPA authorisation to catch him using an untaxed vehicle on a public highway maintained at the public expense it is not worth the man hours or expense when there is easier prey for them to target.
    Did you not read his post properly? He said the car is SORNd but being used every day on a public road!

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    Please click my scales at the bottom of my profile window on the left if you found my advice usefull.



  17. #17
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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Quote Originally Posted by sailor sam View Post
    Did you not read his post properly? He said the car is SORNd but being used every day on a public road!

    Yes thanks I can read, did you read my post properly??


  18. #18
    Basic Account Holder Tony P Informative Tony P Informative

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    Default Re: Parking a "SORN" vehicle on an unadopted road

    As pointed out above by POCA, the Vehicle Excise and Registration Act 1994 defines a 'public road' - but that is for VED (road tax) purposes.

    Does the same definition apply for SORN?

    What/where is the SORN legislation?


  19. #19
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    Default Re: Parking a "SORN" vehicle on an unadopted road

    Quote Originally Posted by Tony P View Post
    What/where is the SORN legislation?
    The Road Vehicles (Registration and Licensing) Regulations 2002


  20. #20
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    Default Re: Parking a "SORN" vehicle on an unadopted road

    G & M
    Thanks.



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