Panicky SORN problem

[Worried a]

Hi there

 

I'm still shaking from a visit from the DVLA clamping lorry and wondered if anyone can advise me please? I have a car which broke down a year ago and I've been meaning to sell it for parts but haven't yet sorted it out. As I wasn't using it (I have use of another car) I declared it off the road and have a SORN in place. The car was being kept on the road outside my house as I thought it was a private road (we pay a ground charge to a management company for its upkeep and there are no road markings at all) at the end of the cul-de-sac on the estate I live in. However to my horror today, the clampers came as the local council had apparently requested they clamp it, and were stood looking at it (they were also unsure whether it was a private road). When I challenged them they decided to check with their boss by phone and in the mean time a neighbour helped me push it onto my drive so they couldn't touch it. They said they were going to take photos of me moving it (which they probably did though I didn't see this happen) and that if it turned out to be a public road they would be reporting the offence of keeping a car on the public highway with a SORN.

 

I'm now really worried that not only am I liable to be fined up to £5000 (and possibly imprisoned??) for the SORN offence but now the insurance laws have changed am I going to get done for this too if the SORN was not valid by the car being on a public road. I truly believed my road was private but if the council have ordered the clamping then it can't be.

 

Any idea what sort of fines or points I'm facing and whether the insurance thing is also an issue? Is there anything I can do to argue? I'm very grateful for any help.

[Tony P]

If, as you say, you pay the Management Company for the upkeep of the road it is not a "road maintained at public expense".

Therefore Road Tax is not required and SORN is appropriate.

[boggey1]

thats true it all comes down to who maintains the road get hold of highways and explain to them ,use maps grid referances ,Dvla are going to take me to court because i wont pay em 80 pounds

[madsam]

Prison? £5000? Don't be ridiculous. The most you'll get is an Out of Court Settlement figure of around £150 IF it turns out that it's the public highway. HOWEVER, it sounds likely that it's not but DVLA may try and trick you into otherwise so they can get money out of you and they are a horror to try and deal with, they have no competence of sense or customer service about anything that doesn't involve taking payment, so don't give in if you're not in the wrong. I suggest you find out if it's considered the public highway and any evidence that may have lead you to believe it was so you can use that to counter. I strongly recommend you direct communications through your MP to the DVLA, they're not competent about anything that doesn't involve getting money and dealing with them will be a confusing headache at the best of times and torture at the worst.

[Raykay]

A licence is required if the land where the car is used or kept is a road maintained at public expense, not necessarily public highway.

 

Have a read of this thread, once DVLA were notified of the status of the road, it was sorted out:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?313607-DVLA-Clamping

[Worried a]

Thanks to everyone for your replies.

 

I've spoken to the management company who look after the grounds on the estate I live on and apparently everything APART from the roads are maintained by them (communal gardens are etc). So it looks like I'm in the wrong after all. Damn!

 

I haven't heard anything from The DVLA yet and this all happened over 3 weeks ago. How long do you think I should live in dread of the fine landing on my door mat??

[Worried a]

It arrived - £379.00, seems a bit steep to me but guess I haven't got a leg to stand on as it turned out to be a road maintained at public expense. God knows how Im going to find that in one go with 3 kids to provide for. How do they come up with these figures?

[madsam]

They work out what the absolute most you could afford is and then rub their hands together.

[Tony P]

Although the Management Company say they do not maintain the actual road, that does not necessarily mean the Public Expense does.

 

For example: it could be the road was laid by the developer and the question of cost of it needing to be 'maintained' has not yet arisen.

For example: asking someone (eg.the Management Co) if they maintain something often produces initial negative replies as they think there could be a cost or liability motive lurking behind the question.

There are other theoretical possibilities.

 

I suggest you get confirmation from the Local Authority that they actually maintain the road as well as having the responsibility for doing that.

 

This is all a bit of a long shot - but worth getting right for your peace of mind, on this point at least.

[patdavies]

I suggest you get confirmation from the Local Authority that they actually maintain the road as well as having the responsibility for doing that.

 

This is all a bit of a long shot - but worth getting right for your peace of mind, on this point at least.

 

Highways Authority, not local authority. For most LAs (unless Unitary), this is the County Council