Taxed, insured, no MOT

user1977

elsien said:

There is already a permit parking scheme in place. Although he doesn’t have a permit because he stuck his mum’s disabled badge in there to save paying for the permit (mum lives elsewhere). 

So he ought to be getting ticketed for that at least.

elsien

Local council said if there’s a blue badge on the car, permit isn’t needed. They don’t look at whose badge it is. 

Doesn’t help that they’ve got rid of all the traffic wardens bar one for the whole town. I counted 20 cars the other day with no permit, and there’s been no warden round here for weeks.

HillStreetBlues

elsien said:

Local council said if there’s a blue badge on the car, permit isn’t needed. They don’t look at whose badge it is. 

Doesn’t help that they’ve got rid of all the traffic wardens bar one for the whole town. I counted 20 cars the other day with no permit, and there’s been no warden round here for weeks.

Are you sure it's him mum's?  did you check the birth date(month/year) on the front?

elsien

Yes. 

Although in terms of parking, it doesn’t make any odds whose it is -   I was just checking if a permit was needed or not

Car_54

The blue badge rules say "It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped.", which doesn't seem to cover the situation the OP describes.

And "It’s a criminal offence to misuse a badge. This includes people other than the badge holder taking advantage of the parking concessions provided under the scheme."

Try the police. What's the worst that can happen?

HillStreetBlues

Agree with the above as it's fraud.

prowla

user1977 said:

elsien said:

But it’s annoying when a handy nearby parking space is being taken up by a slowly rusting and falling apart heap of junk. 

Would you be happier if it had an MOT, but was still just sitting there?

If there is a general difficulty with a lack of parking spaces, you want to lobby your council to introduce restrictions of some sort.

Well, if it's there illegally then that is a reason to get it removed.

Aretnap

TooManyPoints said:

No, he can't park on the road without a valid MOT, unless he has an MOT booked and will be driving the car only to that appt

There are three terms used in connection with vehicles and road traffic law: "keeping", "using" and "driving". None are defined in legislation and if an allegation is contested it is up to a court to determine whether a law has been broken.

The legislation covering MoT test requirements for cars (Section 47 of the Road Traffic Act) makes it an offence to "use" a motor vehicle without a valid test certificate. Clearly "using" requires more activity that merely "keeping" but less than "driving". I cannot imagine a court deciding that the vehicle described in this question is being "used" and that could explain why the police are reluctant to become involved with enforcement on vehicles with no valid MoT that are simply parked.

I dunno, in Pumbien v Vines a car that that was parked up on the road gradually deteriorating was held to have been "used" despite the fact that it would have been impossible to drive, or even tow, without significant repairs. The owner was convicted of using it without an MOT or insurance. Unless the car is in spectacularly bad condition and couldn't be repaired with any amount of effort, I don't see how this case is any different.

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://crimeline.co.uk/wp-content/uploads/2017/11/pumbienvvines1996rtr37.pdf&ved=2ahUKEwjf_burgpSDAxWgTEEAHRf7BdcQFnoECA0QAQ&usg=AOvVaw0ZxA9xusYGFUTLtIwzNRiL

I agree that in practice the police are very unlikely to be very interested, but there doesn't seem to be any reason why they couldn't do something if they had the time, resources and inclination.

TooManyPoints

I dunno, in Pumbien v Vines a car that that was parked up on the road gradually deteriorating was held to have been "used" despite the fact that it would have been impossible to drive, 

Thanks for that. It is a most interesting read and not something I had seen previously. I must say I am surprised, but it's a pretty strong authority (being a decision on a "Case Stated" to the High Court). I may have to revise my opinion.  

B0bbyEwing

sevenhills said:

Glad said:

No, he can't park on the road without a valid MOT, unless he has an MOT booked and will be driving the car only to that appt
You can report him, maybe call your local town hall and ask advice there

He can park on the road with no MOT, the police will not be interested unless it is being driven.

That is my experience.

My experience is also that the police are not interested. Not only that but I was told to report it to the DVLA when I reported someone locally driving with no MOT. This was all by email.

So I said to them, basically you're saying the government are lying? (at least about this) - and directed them to the .gov website which said report to your local police.

After much hurdling & lack of interest from them, they FINALLY acted on it & got the guy to get his car MOTd. 

It wasn't as simple as it should be though.