My car has been seized from private land with a valid SORN.

bluebrix

waamo wrote: »

Forget what the email says and answer the question asked by kimplus8

Yes, I have just checked on the DVLA website. It shows a green tick and SORN, it also shows a red cross for MOT with the correct MOT expiry date.
All of the vehicle details displayed below it are correct.
There's no ambiguity or confusion there, it's been declared as SORN since March 2019.

BooJewels

bluebrix wrote: »

The letter re the seizure and impoundment was received on the 27th December stating that the vehicle was observed as not being in accordance with "valid tax" or a SORN notice.

I wonder if it's the status of the road that is generating the 'not in accordance with', rather than the SORN aspect.

I've had recent issues in respect of 2 SORN vehicles I've been representing under a PofA and with one of them, the tables were reversed and the DVLA and police were totally powerless to help me in my circumstances. So it would suggest to me, that the Council maybe have a different view of the status of the land it was parked on. So they recognise the SORN - but not that it was parked on private land.

bluebrix

BooJewels wrote: »

I wonder if it's the status of the road that is generating the 'not in accordance with', rather than the SORN aspect.

I've had recent issues in respect of 2 SORN vehicles I've been representing under a PofA and with one of them, the tables were reversed and the DVLA and police were totally powerless to help me in my circumstances. So it would suggest to me, that the Council maybe have a different view of the status of the land it was parked on. So they recognise the SORN - but not that it was parked on private land.

Interesting. As I can't post an image of the letter here due to being a new user, I'll type the content (my bold highlight)

"The driver and vehicle licensing agency checks vehicles on the road and in off road areas to make sure they either have a valid tax or a valid statutory off road notification. We identified this vehicle on the date and location above and found that it did not meet either of these requirements. we have impounded the vehicle and you will need to go to the address above and pay a charge to get it back . details of the the charges and the documents you will need are in the leaflet inclosed. these charges are separated to any other penalties you may receive. The vehicle will be disposed of if you do not collect it ny 02/01/2020"

They are not specifying whether it has been found on the road without a SORN, or that it has been found off road with a SORN. Due to the state of the private road itself it's next to impossible that an enforcement vehicle would have clocked the registration as they might do in an automated fashion when driving about town looking for untaxed vehicles, so that suggests to me that they are acting on a specific report and have walked the private road looking for it specifically.

I wonder if said person is this 3rd party contractor NSL services working for either/both the council and the DVLA specifically to grab my car.

Shaun_of_the_Dead

bluebrix wrote: »

Interesting. As I can't post an image of the letter here due to being a new user, I'll type the content (my bold highlight)

"The driver and vehicle licensing agency checks vehicles on the road and in off road areas to make sure they either have a valid tax or a valid statutory off road notification. We identified this vehicle on the date and location above and found that it did not meet either of these requirements. we have impounded the vehicle and you will need to go to the address above and pay a charge to get it back . details of the the charges and the documents you will need are in the leaflet inclosed. these charges are separated to any other penalties you may receive. The vehicle will be disposed of if you do not collect it ny 02/01/2020"

They are not specifying whether it has been found on the road without a SORN, or that it has been found off road with a SORN. Due to the state of the private road itself it's next to impossible that an enforcement vehicle would have clocked the registration as they might do in an automated fashion when driving about town looking for untaxed vehicles, so that suggests to me that they are acting on a specific report and have walked the private road looking for it specifically.

I wonder if said person is this 3rd party contractor NSL services working for either/both the council and the DVLA specifically to grab my car.

I'd guess that as the road has a name which is different from your address they think you haven't met the conditions of the sorn and were keeping the vehicle on a road.

bluebrix

As I can't post images due to being a new user, try viewing this in your browser

postimg.cc/mPCPk0Rq

it shows the areas behind our properties, some of which have been concrete covered by freeholders for their cars, some unkempt. My patch is where my car was taken from.

Opposing streetview direction:

postimg.cc/NK914Jt7

BooJewels

Shaun_of_the_Dead wrote: »

I'd guess that as the road has a name which is different from your address they think you haven't met the conditions of the sorn and were keeping the vehicle on a road.

That would be my interpretation too - if the vehicle was on a public road, it would need valid tax - if it has a SORN, it needs to be kept on private land. I think the status of the parking location is where the confusion lies.

I feel sure, as said by the OP, that it's down to someone reporting it a particular way. It seems statistically unlikely that it would be happened upon by chance.

DUTR

bluebrix wrote: »

As I can't post images due to being a new user, try viewing this in your browser

postimg.cc/mPCPk0Rq

it shows the areas behind our properties, some of which have been concrete covered by freeholders for their cars, some unkempt. My patch is where my car was taken from.

Sorry, that looks like a right of way and hence does not carry the status that you hope for .

BooJewels

Is the squiggle where at was parked? Maybe your private bit is only adjacent to the property and the rest if the road is a right of way, as DUTR says. I lived on an unadopted road years ago and we only owned 6' from the front wall of the house and the rest was a right of way. Similarly, where I live now, I own the path around my property and the gardens, but I can't fence them off as my neighbours have a right of way over a designated area of them.

waamo

Links made live

https://postimg.cc/mPCPk0Rq

https://postimg.cc/NK914Jt7

bluebrix

DUTR wrote: »

Sorry, that looks like a right of way and hence does not carry the status that you hope for .

I agree that there is an easement to allow all freeholders right of way to the area of land behind their properties as I have seen the HMLR documents myself, some of which have been concreet covered by freeholders and removable bollards put in place to prevent others parking on their land and preventing rear access to our properties.

I could understand a freeholder reporting a vehicle parking on their land and blocking access to their rear entrances and having a vehicle removed on that basis, but in this case someone has reported me for parking on my own land.

The boundary is split 50% behind the property to the freeholder, 50% to allow passage by other freeholders to their patch.