We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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

Options
12346»

Comments

  • Car_54
    Car_54 Posts: 8,837 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    edited 29 December 2019 at 11:13PM
    1) Roads maintainable at public expense are termed “highways” hence we have publications such as the “Highway Code.”

    2) The act refers to public roads, which it defines as roads which the public has access to. No reference to being maintained at public expense. So if you kept a SORNed vehicle on Sainsbury’s access road verge (not a road maintained at public expense) do you think it wouldn’t be lifted?

    3) In my first post I explained ownership of land doesn’t preclude Highway rights existing over the land. Perhaps you should re-read the quote I supplied from a Solicitor’s website I thought it was quite self explanatory.
    The Highways Act is irrelevant. The act which governs VED and SORN is not the Highways Act but the Vehicle Excise and Registration Act. Section 62 defines public roads, for the purpose of the Act, as those maintainable at the public expense. The OP has now confirmed (again) that this particular road is not.

    The definition dates from the days when we had a Road Fund Licence.
  • Car_54 wrote: »
    The Highways Act is irrelevant. The act which governs VED and SORN is not the Highways Act but the Vehicle Excise and Registration Act. Section 62 defines public roads, for the purpose of the Act, as those maintainable at the public expense. The OP has now confirmed (again) that this particular road is not.

    The definition dates from the days when we had a Road Fund Licence.

    The OP has checked that the road is unadopted. However in a freedom of information request answer the Government replied.
    In instances when the road is not adopted or the land is commonly owned with public access, it is for the keeper to check on the status of that road or piece of land with the Local Authority and or Highways Agency. In view of this you should contact these authorities for further assistance.

    The very situation the OP is in.
  • Car_54
    Car_54 Posts: 8,837 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    The OP has checked that the road is unadopted. However in a freedom of information request answer the Government replied.



    The very situation the OP is in.
    What do you imagine ‘unadopted’ means? It means that the council have NOT accepted responsibility for its upkeep. I would guess that the OP and his neighbours would be delighted if they did.
  • Rover_Driver
    Rover_Driver Posts: 1,520 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 29 December 2019 at 11:53PM
    As in posts 45 and 52, the definition of highways and public access are irrelevant in respect of vehicle licensing matters. The criteria for a licensing offence is that the vehicle is unlicensed, it is on a road, and that road is repairable at public expense.
  • 1) Roads maintainable at public expense are termed “highways” hence we have publications such as the “Highway Code.”

    2) The act refers to public roads, which it defines as roads which the public has access to. No reference to being maintained at public expense. So if you kept a SORNed vehicle on Sainsbury’s access road verge (not a road maintained at public expense) do you think it wouldn’t be lifted?

    3) In my first post I explained ownership of land doesn’t preclude Highway rights existing over the land. Perhaps you should re-read the quote I supplied from a Solicitor’s website I thought it was quite self explanatory.


    You're wrong and in a hole, so stop digging.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.