Car declared sorn in our parking area

TooManyPoints

I think we're at cross-purposes.

A vehicle left in a car park under a SORN does not break the SORN regulations. To do that it must be on a road (let's leave aside the status of the road at the moment). If the OP's parking spaces do not form part of a road then his neighbour is committing no SORN offence by leaving his car there. Perhaps the OP could help us by describing (or perhaps providing a photo) of the spaces. Otherwise we'll be here until one of us dies! :rotfl:

Nearly_Old

TooManyPoints wrote: »

I think we're at cross-purposes.

A vehicle left in a car park under a SORN does not break the SORN regulations. To do that it must be on a road (let's leave aside the status of the road at the moment). If the OP's parking spaces do not form part of a road then his neighbour is committing no SORN offence by leaving his car there. Perhaps the OP could help us by describing (or perhaps providing a photo) of the spaces. Otherwise we'll be here until one of us dies! :rotfl:

I agree that photographs would be helpful but being on a "road" does not mean that a SORN offence has been committed as it has to be on a "public road". An unadopted road, or a private road can still, in certain cirumstances qualify as a "road" for RTA but would not be a "public road" for VERA.

poppasmurf_bewdley

Have a walk over to this bloke's house with a bill for parking - £10 a day. Also point out to him that you've made a condition of parking in the space that a vehicle must be taxed, insured and MOT'd.

And I'm sure you could remove the vehicle from the property, undamaged, and move it elsewhere.

AdrianC

poppasmurf_bewdley wrote: »

Have a walk over to this bloke's house with a bill for parking - £10 a day. Also point out to him that you've made a condition of parking in the space that a vehicle must be taxed, insured and MOT'd.

Not without the correct signage being present at the time he parked there, you can't.

And I'm sure you could remove the vehicle from the property, undamaged, and move it elsewhere.

Nope, that's explicitly illegal.

unholyangel

TooManyPoints wrote: »

Actually (1) relies firstly on the land being a "road". If it is not a road a vehicle may be left there with a SORN and not be liable to VED. It does not matter whether the land is "public" - it's whether it is a "road" that firstly matters. Only if it is a road does its status then matter.

It may be liable to be insured but that depends on whether the place involved is a "road or other public place".

Unless those questions are answered it is impossible to say what, if any offences have been committed.

The other way around.

If its private then VERA doesn't apply at all, whether its a road or not. If its public then VERA may apply depending on whether its a road or not.

So if you were doing a flow chart, the first question would be whether its private or public - then next step for private would be do you own the land and for public would be is it a road.

a.turner

unholyangel wrote: »

The other way around.

If its private then VERA doesn't apply at all, whether its a road or not. If its public then VERA may apply depending on whether its a road or not.

So if you were doing a flow chart, the first question would be whether its private or public - then next step for private would be do you own the land and for public would be is it a road.

If private and the public have access it fall under the act for continuous insurance.

Rover_Driver

unholyangel wrote: »

If its private then VERA doesn't apply at all, whether its a road or not.

A registered vehicle, unless exempt, is required to be licensed at any location (public or private).
A SORN is a valid licensing exemption as long as the vehicle is not used or kept on an public road.

unholyangel

a.turner wrote: »

If private and the public have access it fall under the act for continuous insurance.

Yes but the OP's query was about getting the vehicle moved, not just getting one over on the owner.

Rover_Driver wrote: »

A registered vehicle, unless exempt, is required to be licensed at any location (public or private).
A SORN is a valid licensing exemption as long as the vehicle is not used or kept on an public road.

But OP already told us in their first post that the neighbour has made a SORN. Therefore the first question is whether its public or private.

I know the OP has said they own the land in the deeds but there's still scope for error. Particularly with the OP first saying the deeds state they're responsible for maintaining - I've never known deeds to stipulate you're responsible for maintaining land that belongs to you, its yours after all - only land belonging to others. Such as when its communal or when you have a right of some sort over that land.

TooManyPoints

So if you were doing a flow chart, the first question would be whether its private or public -

For the purposes of this question I disagree. The OP's description makes it sound very much like the area is a carpark. If it is a car park then (without getting involved in the insurance issue) nothing else matters - a vehicle may be left there under SORN even if it's a public car park. Of course you could argue the other way round - if it is "private" it doesn't matter whether or not it's a car park. It's a moot point. But none of this really matters because we don't know and it seems unlikely we'll find out.

Rover_Driver

unholyangel wrote: »

But OP already told us in their first post that the neighbour has made a SORN. Therefore the first question is whether its public or private.

It doesn't matter if it is public or private for licensing purposes, unless exempt, it is required to be licensed.