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Smiley18

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  1. The case is being withdrawn from court Thank you for your support and advise - a win for the little people!
  2. Thank you Yesterday the Land Charges Department of the local county council got back to me stating that ‘Our records show that the area in question, shown on the plan below, is not considered to be highway maintainable at public expense.’ I believe that this should be all the evidence I need for them to drop the case? I forwarded it to the DVLA prosecutor yesterday, so will let you know!
  3. I would like to think that they should have to prove that it is public - would make my life easier, I think the only way that I would be able to get that would be to have my day in court - which could backfire terribly if I’m wrong! Which was exactly my argument, I produced pictures from the local council website showing that the area in question was not maintained by the council (on behalf of the highways agency) - but apparently this was not proof. Some waffle about it being possible for unclaimed land still to be classed as publicly maintained. I honestly don’t think she was familiar with the area in question and was doing her job to make me pay the fine, she has the legal training not me I argued until she walked out on me!
  4. Sorry for the delay. The DVLA prosecutor spoke to me before we got into the magistrates court on the day of the hearing advised me that she would be requesting an adjournment after I mentioned my defence of it not being a public road (as it is not maintained at public expense). She has asked for proof that it is privately owned, I am struggling to find that proof. I believe the public access is irrelevant under this act - had I parked in front of my garage (in a garage block, not attached to house), it would be private land as it appears on the deeds to the house. This area next to the garages is not on the deeds, nor is it registered with the land registry (but it is much more convenient than me parking in front of the garage block). The car was not insured, and that was never mentioned, but it is now sold. I have until the end of Feb to submit the proof to DVLA (and they drop the case), pay the fine or it goes into magistrates again. The garage block and the parking spaces are at the end of a cup-de-sac, so although technically accessible to the public, there would be no benefit to anyone apart from residents.
  5. Hi I am trying to prove that an area of land that I parked my SORN vehicle on is private. DVLA charged me with using it on public land, I refuted this and took it to court. They now say that the proof that the council / highways agency do not maintain this area is not proof that it is private land, and have adjourned the case for me to pay the fine or find proof that it is private. The area in question is a group of 3 parking spaces next to a group of garages. The garages are linked on records to the houses nearby, the spaces are not. So far I have asked the County Council, district council and land registry along with a local housing company, but the land is not registered... the district council advised me that in order to park a SORN vehicle I should have written permission from the owners, but I cannot locate the owners! The DVLA prosecutor told me that I should have made sure that it was private before I parked my car there, but I am now not sure how I was meant to do that, or how I get proof now that it is not public land (which I believe means it should be maintained through public funds - which it is not!). I do plan to ask the houses around (I have asked my neighbours who would be the obvious claimants), but does anybody have any experience / advice on this?
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