Can I park sorn car in a council lesquire carpark

lisyloo

111222 wrote: »

Mot due tomorrow turns out I need a part that I can't get for a week or so, a sensor haven't sorned it yet so car would be sitting on road with no mot, I thought sorning it would be a better option.

For future reference note that you can go for your mot test a month in advance without bringing forward the expiry date I.e. you can get almost 13 months.
This means you still have an in date mot if you need any parts (provided of course the car is roadworthy).

TooManyPoints

It is a major crime to "use" (includes parking) a vehicle on a public road without a valid MOT (except whilst driving it directly to a pre-booked MOT).

It is not against the law to keep a vehicle on the road without a valid MoT. It only becomes an offence when the vehicle is driven.

Back to the OP. Is this vehicle currently declared off the road (by way of a SORN)? If so, where has it been kept until now?

The SORN regulations say the vehicle must not be used or kept on a public road. A car park is not a road. This was determined in a lengthy decision by the House of Lords in 1998:

https://www.bailii.org/uk/cases/UKHL/1998/36.html

Whilst that decision revolved around the definition of a "road" for insurance purposes, it has been cited since as the authority for other matters where the argument was whether or not a car park was a "road". Whilst this may help you avoid prosecution for having a SORN'd vehicle allegedly on the road, of course you will still be liable to any penalties the Sports Centre or their agents may be able to impose for parking your car there for a couple of weeks.

Herzlos

You're going to be paying tax on the whole month anyway, so just tax it and leave it where you normally do. If you're worried about the no MOT thing, see if the garage doing the repair can hold onto it for the week.

foxy-stoat

111222 wrote: »

Mot due tomorrow turns out I need a part that I can't get for a week or so, a sensor haven't sorned it yet so car would be sitting on road with no mot, I thought sorning it would be a better option.

I would just keep it parked on the road and wait until the part is delivered to the garage and book in a MOT and drive it there.

TooManyPoints

Yes I'm really not sure what the situation is with the OP's car. Perhaps he can help us.

Is it just that the MoT has expired and you are awaiting the part? Or have you actually notified the DVLA (via a SORN) that it is off-road (in which case the earlier questions such as where has it been until now and how do you propose to get it to the car park become important).

a.turner

TooManyPoints wrote: »

It is not against the law to keep a vehicle on the road without a valid MoT. It only becomes an offence when the vehicle is driven.

Back to the OP. Is this vehicle currently declared off the road (by way of a SORN)? If so, where has it been kept until now?

The SORN regulations say the vehicle must not be used or kept on a public road. A car park is not a road. This was determined in a lengthy decision by the House of Lords in 1998:

https://www.bailii.org/uk/cases/UKHL/1998/36.html

Whilst that decision revolved around the definition of a "road" for insurance purposes, it has been cited since as the authority for other matters where the argument was whether or not a car park was a "road". Whilst this may help you avoid prosecution for having a SORN'd vehicle allegedly on the road, of course you will still be liable to any penalties the Sports Centre or their agents may be able to impose for parking your car there for a couple of weeks.

The legislation states use not drive the vehicle.

For tax purposes it must be a road maintainable at public expense so the is a car park a road isn't relevant. Who pays to maintain it is.

Hermione_Granger

TooManyPoints wrote: »

It is not against the law to keep a vehicle on the road without a valid MoT. It only becomes an offence when the vehicle is driven.

The government have a different opinion:

Report a vehicle with no MOT
Contact your local police to report a car, van, motorcycle or other vehicle that does not have an MOT.

You can only report a vehicle with no MOT to the police if it’s being used on a road. This includes parked vehicles.

https://www.gov.uk/report-no-mot

as do the police:

You will commit an offence if you park a vehicle without an MOT on the road.

https://www.askthe.police.uk/content/Q360.htm

sevenhills

Car_54 wrote: »

No, the offence is 'using' the vehicle on a road, not 'driving' it. There is case law to establish that a parked vehicle is being used.

But the police cannot be bothered, in reallity its a fixed penalty notice which costs the driver £100, its a much easier process when the driver is present.

a.turner

TooManyPoints wrote: »

It is not against the law to keep a vehicle on the road without a valid MoT. It only becomes an offence when the vehicle is driven.

Back to the OP. Is this vehicle currently declared off the road (by way of a SORN)? If so, where has it been kept until now?

The SORN regulations say the vehicle must not be used or kept on a public road. A car park is not a road. This was determined in a lengthy decision by the House of Lords in 1998:

https://www.bailii.org/uk/cases/UKHL/1998/36.html

Whilst that decision revolved around the definition of a "road" for insurance purposes, it has been cited since as the authority for other matters where the argument was whether or not a car park was a "road". Whilst this may help you avoid prosecution for having a SORN'd vehicle allegedly on the road, of course you will still be liable to any penalties the Sports Centre or their agents may be able to impose for parking your car there for a couple of weeks.

sevenhills wrote: »

But the police cannot be bothered, in reallity its a fixed penalty notice which costs the driver £100, its a much easier process when the driver is present.

But none of that makes his statement correct.

111222

TooManyPoints wrote: »

Yes I'm really not sure what the situation is with the OP's car. Perhaps he can help us.

Is it just that the MoT has expired and you are awaiting the part? Or have you actually notified the DVLA (via a SORN) that it is off-road (in which case the earlier questions such as where has it been until now and how do you propose to get it to the car park become important).

Hasn't been sorned yet, mot in 1 day, think I'll just risk it and leave on street with no mot, just not drive it.