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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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    • lookinforinfo
      NPE ANPR PCN - No Permit - Locton Estate, London, E3 2LP

      By lookinforinfo · Posted

      Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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      How well does YOUR bank protect you from mobile and online fraud?

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      Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • aesmith
      my Leasehold/Freehold property and it's issues.

      By aesmith · Posted

      I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Parking a "SORN" vehicle on an unadopted road

pkinsey

By pkinsey
in Private Land Parking Enforcement

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tim2718281

tim2718281

Posted
Posted
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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patdavies

patdavies

Posted
Posted
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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djweeble

djweeble

Posted
Posted

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.

Nil Illigitimus Carborundum

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tim2718281

tim2718281

Posted
Posted
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/forum/parking-traffic-wardens/22054-tickets-unadopted-road.html#post171838

 

Tim

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Michael Browne

Michael Browne

Posted
Posted

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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POCA

POCA

Posted
Posted

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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  • 3 years later...
bondie45

bondie45

Posted
Posted

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. :-x

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sailor sam

sailor sam

Posted
Posted
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. :-x

 

Then why don't you report him? I WOULD!!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

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

 

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green_and_mean

green_and_mean

Posted
Posted
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.

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sailor sam

sailor sam

Posted
Posted
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!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

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

 

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Tony P

Tony P

Posted
Posted

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?

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bondie45

bondie45

Posted
Posted

Just wish i could get ripa authorisation, :-x. Only today, low and behold yet another car is parked in front untaxed, just how big a fish do you have to be ???:cool:. Lets all just sorn are cars and drive them around then.:!:

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green_and_mean

green_and_mean

Posted
Posted
Just wish i could get ripa authorisation, :-x. Only today, low and behold yet another car is parked in front untaxed, just how big a fish do you have to be ???:cool:. Lets all just sorn are cars and drive them around then.:!:

 

The DLVA do not as far as I am aware have the power to stop vehicles so even if they did stake out the location in the hope of catching him going on to the road all they could do is watch him drive away like you do. If you consider how many SORN vehicles there are it would not be possible to try and catch them used on the road they rely on spotting them parked or being stopped in random spot checks.

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