Car declared sorn in our parking area

foxy-stoat

This is STILL going on.....OP have you managed to report him or speak to him to get it moved?

diannebrewer

Sorry to jump on someone else's thread, but as mentioned, the op seems to have disappeared!

Need your help. Our car was parked in one of 3 bays outside our flat, owned

diannebrewer

(cont'd)
Owned by our housing association. Parking bays are separated from road by pavement.

Car needs repairs, and is SORNed. Not used for a considerable period of time.

Fine appeared from DVLA today saying car has been reported to them as in use or on road. We know clampers were recently in the area.

Do we have a chance to appeal, or do the parking bays count as public road?

We are gutted, they want almost £600!

Even worse, we were at the vets having our dog put to sleep at the time of the incident!

Car_54

diannebrewer wrote: »

(cont'd)
Fine appeared from DVLA today saying car has been reported to them as in use or on road. We know clampers were recently in the area.

You need to point out to them - ASAP - that it is not on any road, public or otherwise.

dogshome

Had this situation with my DiL - Bought car which was trailered to her address and whilst insurance & tax was sorted out, it was parked in a Cul de sac behind the house with garages for her and neighbors


DVLA notice received by post, but a bit of research showed the Cul de Sac was still owned by the Estate Developer and maintained by them, and not a public road - Letter to DVLA and not another word heard from them.


Likely the HA own the Parking Bays and maintain them - If they are not maintained by the local authority, IT IS NOT A PUBLIC ROAD and the DVLA has no power over the area.


Quite possible that the HA's terms and conditions state that vehicles in the area have to be Taxed & Insured - Read the Lease - But it's not within the DVLA's remit, so write them a letter telling them it's not a public road

diannebrewer

Thanks very much for your advice. We have decided to appeal the penalty, and DVLA have given an extension to this end! It all seems to hinge now on a 2m wide service strip, and whether the council has adopted the parking spaces or not. I've called the council every day looking for clarification, but no one is getting back to me yet!

TooManyPoints

It all seems to hinge now on a 2m wide service strip, and whether the council has adopted the parking spaces or not.

Whether the council has adopted it or not may not be the issue. If the area where the vehicle is kept is not a road it doesn't matter. Is this strip a road in the conventional sense?

diannebrewer

Hi Toomanypoints,
No, the parking spaces seem to me to definitely NOT be road. They are separated from the road by pavement, and are in no way a through road or necessary for access to anywhere by anyone.

It's REALLY confusing though! It seems a ridiculously complicated and confusing system...

ihelp

I have read your dilemma with interest

This is not a DVLA matter and the offending vehicle owner is fully aware that it is not, hence them parking in your space in the first instance.

One option available to you is to use a Private Parking Company to issue PNC to offending vehicle I believe this service could be free of charge

Another more costly option rest in the civil courts taking the following action, if they are unwilling to remove the vehicle.

1) Trespass

2) Breach of contract

3) Nuisance

Any of the above will result in your space being kept available to you all times

Coupon-mad

I believe this service could be free of charge

Does your company offer it 'free' then, and do you consider that scam a 'service'?!