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Does a "producer" need to be served directly to the owner/driver?

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  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Apples2 wrote: »
    ........Best case, talk to the police, update them. The van is legal so there is nothing they can do about it and you carry on with your intentions.

    Worse case, ignore the bizzies, they then assume it is abandoned, tow it away and charge you handsomely for executive storage until you pull your finger out......

    Legal? It's on HA communal parking which might be classed as "highway or other public place" in which case it's not legal and fines and hassle are heading towards the OP.

    Whether contacting or not contacting is better I don't know. My gut feel is not contact but get rid of the van asap
  • thenudeone
    thenudeone Posts: 4,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 10 July 2013 at 11:42PM
    The demand to produce documents is made verbally by a PC. A HORT1 can't be posted.

    HORT1 forms ("producers") have no formal legal basis. They are simply a memo / administrative reminder of the fact that a constable has (verbally) required you to produce your documents; and to ease the make the movement of information to the correct person once documents are produced.

    They are rarely used now, since most checks can be done online, but can still be necessary if, for example, you are involved in an accident and are using an insurance policy which isn't yet recorded on the database (which, remember is NOT live), or a "driving other cars" extension but don't have the details with you, or using a foreign licence. The only way to ensure the details are checked / recorded by the police is to use the HORT1 process.
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  • if the HA communal parking area is open access to the general public the police have contacted the HA who hasnt given authority for a vehicle to be stored or laid up on the land, then RTA rules apply and your breaking legislation of SORN conditions. just get it collected and scrapped.

    your under no obligation to call the police officer, if you have broken and law or legislation then you would have been called upon in person again, one thing for certain is that van will be intel marked as having a complaint made against it for no insurance tax mot etc the police dont tend to do anything about a non driven car kept on the highway (dvla tend to that) but once they spot it being driven and will most likely for the next few days have a look to see if its moved is when youll get tugged for a juicy £200 and 6 points.
  • if the HA communal parking area is open access to the general public the police have contacted the HA who hasnt given authority for a vehicle to be stored or laid up on the land, then RTA rules apply and your breaking legislation of SORN conditions. just get it collected and scrapped.

    your under no obligation to call the police officer, if you have broken and law or legislation then you would have been called upon in person again, one thing for certain is that van will be intel marked as having a complaint made against it for no insurance tax mot etc the police dont tend to do anything about a non driven car kept on the highway (dvla tend to that) but once they spot it being driven and will most likely for the next few days have a look to see if its moved is when youll get tugged for a juicy £200 and 6 points.


    HA permission matters not. Its either a public place or its not. They have no authority to allow an untaxed vehicle to be in a public place.
  • Aretnap
    Aretnap Posts: 5,779 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    if the HA communal parking area is open access to the general public the police have contacted the HA who hasnt given authority for a vehicle to be stored or laid up on the land, then RTA rules apply and your breaking legislation of SORN conditions. just get it collected and scrapped.
    Tax/SORN are covered by VERA, not the RTA. VERA defines a public road as one which is maintained at public expense. Public access has nothing to do with it. It's fine to leave an untaxed but SORNed car in a privately owned car park even if the public do use it - assuming the landowner doesn't object of course.

    Insurance is a knottier issue. Its required if the car is used in an area which is used by the general public, and there's case law to the effect that this also applies if the car is parked rather than being driven. So it may need to be insurer regardless of its tax status. The test though is whether the car park is actually used by the general public (as opposed to HA tenants, their guests etc) - not whether a member of the public could in theory find his way into it.
  • Andy_L
    Andy_L Posts: 13,028 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    fivetide wrote: »
    Ah communal parking. That's why then. No offence but twelve months of a scrapped van sitting there is likely to annoy anyone.

    Has it been SORNed?
  • kizkiz
    kizkiz Posts: 1,298 Forumite
    Part of the Furniture Combo Breaker
    I would imagine it's as simple as the local safer neighbourhood team following up a complaint from a neighbour about the van being dumped. They probably just want to speak to you about it. They will have zero interest when you tell them it's being scrapped next week
  • Tilt
    Tilt Posts: 3,599 Forumite
    kizkiz wrote: »
    I would imagine it's as simple as the local safer neighbourhood team following up a complaint from a neighbour about the van being dumped. They probably just want to speak to you about it. They will have zero interest when you tell them it's being scrapped next week

    Unless it has a 'marker' on it for some reason.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Andy_L wrote: »
    Has it been SORNed?

    Read post #14.
  • kizkiz
    kizkiz Posts: 1,298 Forumite
    Part of the Furniture Combo Breaker
    Tilt wrote: »
    Unless it has a 'marker' on it for some reason.

    A marker for what?
    The only things it's going to be of interest for would be if its identity has been cloned or op is a criminal (I'm guessing not as he's posted here about it)...either way the interest ends when op has a quick chat with them.
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