SORN And on Private Unadopted road - DVLA Court Summons

privateunadopted

Hi all. After having battled these things alone in the past I thought it might be time to get the opinion of others for this slightly more serious incident.

A couple of months ago, my car was towed and impounded for 'being declared SORN AND on a public road'. After half a day of phone calls back and forth with the DVLA and my local council it was found that the road my vehicle was parked on IS in fact Private Unadopted, not maintainable at public expense. After this was found out, a member of the council apologized and issued for the vehicle to be delivered back to its previous parking spot. It may be worth noting that I was told by 3 members of the council that this road is certainly private and unadopted.

The car has since been sitting at that same spot - however, today I received a court summons from DVLA under the offence of being declared SORN but parked on a public road. (As was the reason for the initial towing). I'm not 100% certain of how to deal with this situation, but I'll be contacting DVLA and my council (again!) attempting to get in writing the fact that this road is private and unadopted. Is there anything else I should be doing? Or, information I should be preparing? Would very much appreciate the help on this one as I do believe that they are wrong.

Thanks!

Spicy_McHaggis

Go to court and make them prove the road is maintainable at public expense. Without that any conviction will fail.


If you can get letters from the council that may halt proceedings, not sure if CPS prosecute for the DVLA or whether they do it themselves.

privateunadopted

Spicy_McHaggis wrote: »

Go to court and make them prove the road is maintainable at public expense. Without that any conviction will fail.


If you can get letters from the council that may halt proceedings, not sure if CPS prosecute for the DVLA or whether they do it themselves.

Okay thanks for this - will definitely make it my aim to get some evidence from the council.

My plan is to call both the council and the DVLA. If I get my confirmation that this road is unadopted once more, I'll send off my 'plead not guilty' form, just in case something f**ks up along the way and suddenly I can't get any proof.

Spicy_McHaggis

privateunadopted wrote: »

Okay thanks for this - will definitely make it my aim to get some evidence from the council.

My plan is to call both the council and the DVLA. If I get my confirmation that this road is unadopted once more, I'll send off my 'plead not guilty' form, just in case something f**ks up along the way and suddenly I can't get any proof.

The DVLA will be there anyway.

To call the council you'll need a section 9 statement from some one, you can't just call the county council.

privateunadopted

Spicy_McHaggis wrote: »

The DVLA will be there anyway.

To call the council you'll need a section 9 statement from some one, you can't just call the county council.

I see okay. I will call them nonetheless to confirm for my own peace of mind, obtaining written confirmation of private unadopted status. Like you say I'll also contact the DVLA and try to at least let them know of this. Then see them at the court.

AdrianC

Whether the road is privately owned and/or unadopted doesn't make a difference. The Road Traffic Act applies to anywhere the public have a reasonable expectation of access.

Marktheshark

Are they prosecuting under the road traffic act ?
The legalisation they are claiming you are bound is what is important.
The act needs to be identified, translated in to English and picked apart.

What other acts say is irrelevant, what exactly is the charge it should say contrary to the ****** act of what ever date section 1-whatever.

Spicy_McHaggis

AdrianC wrote: »

Whether the road is privately owned and/or unadopted doesn't make a difference. The Road Traffic Act applies to anywhere the public have a reasonable expectation of access.

Maybe that's for insurance but for tax it's a public road.

Marktheshark

Been a bit older and wiser here is how to get the conformation the road is unadopted.
If the council thinks its for a court case they will ignore you as they dont do "helping people out" .
What you do is write to the council and highways demanding an answer as to why they are not maintaining the road as it is damaging your car.
Now some clever sod writes back saying Bo ho "It unadopted" ****er Off.
Job done you have your proof on headed paper.

Aretnap

AdrianC wrote: »

Whether the road is privately owned and/or unadopted doesn't make a difference. The Road Traffic Act applies to anywhere the public have a reasonable expectation of access.

I wondered how long it would take someone to say that.

Which section of the Road Traffic Act deals with vehicle tax and SORN? (Clue: You'll be looking for a long time)

Spicy_McHaggis

Marktheshark wrote: »

Been a bit older and wiser here is how to get the conformation the road is unadopted.
If the council thinks its for a court case they will ignore you as they dont do "helping people out" .
What you do is write to the council and highways demanding an answer as to why they are not maintaining the road as it is damaging your car.
Now some clever sod writes back saying Bo ho "It unadopted" ****er Off.
Job done you have your proof on headed paper.

Which may or may not be admissible in court.