SORN And on Private Unadopted road - DVLA Court Summons

privateunadopted

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.

I was thinking of taking this approach, at least just not mentioning court as they may go sour after hearing that. The last time they were extremely co-operative though. Looks like I'll need a half day off work or something to deal with all this communication =/.

AdrianC

Spicy_McHaggis wrote: »

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

Yes, you're right and I'm wrong. For MOT and insurance, it's irrelevant whether the road is privately owned and/or maintained, but it is an important distinction for tax.

BUT DVLA can go onto private/unadopted roads to remove vehicles if they're neither SORNed or taxed, but not onto private land.

http://www.parliament.uk/Templates/BriefingPapers/Pages/BPPdfDownload.aspx?bp-id=sn00402

Spicy_McHaggis

AdrianC wrote: »

Yes, you're right and I'm wrong. For MOT and insurance, it's irrelevant whether the road is privately owned and/or maintained, but it is an important distinction for tax.

BUT DVLA can go onto private/unadopted roads to remove vehicles if they're neither SORNed or taxed, but not onto private land.

http://www.parliament.uk/Templates/BriefingPapers/Pages/BPPdfDownload.aspx?bp-id=sn00402

MOT is on a road, is an unadopted road a road or public place for the RTA?

The OPs car was sorned.

Marktheshark

The problem is people W I D E N things out, all that matters is what the legalisation they say you broke says.
Thats what they will charge you under, the other 31,000+ bits of legalisation we are all supposed to remember word for word do not matter.
Just the one they say you broke.
Stay narrow, find that act, research that act with a law dictionary to convert the words to real meanings in english and pick it apart word by word and build you defence rebutting the legalisation on the gaps and holes.

Spicy_McHaggis

Marktheshark wrote: »

The problem is people W I D E N things out, all that matters is what the legalisation they say you broke says.
Thats what they will charge you under, the other 31,000+ bits of legalisation we are all supposed to remember word for word do not matter.
Just the one they say you broke.
Stay narrow, find that act, research that act with a law dictionary to convert the words to real meanings in english and pick it apart word by word and build you defence rebutting the legalisation on the gaps and holes.

I don't know why you'd need a dictionary in the OPs case.

privateunadopted

AdrianC wrote: »

Yes, you're right and I'm wrong. For MOT and insurance, it's irrelevant whether the road is privately owned and/or maintained, but it is an important distinction for tax.

BUT DVLA can go onto private/unadopted roads to remove vehicles if they're neither SORNed or taxed, but not onto private land.

To clarify, my vehicle has been and is declared SORN. The vehicle was impounded and released free of charge after the council found the road to in fact be unadopted, not maintainable at public expense. As far as I'm aware, I have not breached anything.

edit: Unless I was misinformed by the council. If I was, do I have any leg to stand on?

privateunadopted

Marktheshark wrote: »

The problem is people W I D E N things out, all that matters is what the legalisation they say you broke says.
Thats what they will charge you under, the other 31,000+ bits of legalisation we are all supposed to remember word for word do not matter.
Just the one they say you broke.
Stay narrow, find that act, research that act with a law dictionary to convert the words to real meanings in english and pick it apart word by word and build you defence rebutting the legalisation on the gaps and holes.

Thanks for the advice, I will be doing some research into the exact legislation. Unfortunately left the paperwork at home today.

Spicy_McHaggis

privateunadopted wrote: »

To clarify, my vehicle has been and is declared SORN. The vehicle was impounded and released free of charge after the council found the road to in fact be unadopted, not maintainable at public expense. As far as I'm aware, I have not breached anything.

Be sure to include any of that paperwork in your defence package.

privateunadopted

Spicy_McHaggis wrote: »

Be sure to include any of that paperwork in your defence package.

I'll try. Unfortunately may have naively misplaced some of it, hence having to chase up the council again.

PDC

A few years ago I know a friend received a fine for having a car untaxed on an unadopted road. Tried to appeal and failed.