SO16_Saint Posted 9 May, 2013 Posted 9 May, 2013 Can a SORN car be parked in a residents only car park? I know it can't be left on the road, but is a car park area ok?
badgerx16 Posted 9 May, 2013 Posted 9 May, 2013 I would think not, as I suspect the car park is a 'public' road. 'Off road' means exactly that.
Simples Posted 9 May, 2013 Posted 9 May, 2013 If it's classed a private property you can. I did for a year with no problems.
pedg Posted 9 May, 2013 Posted 9 May, 2013 If it is a car park and not residence parking on the road then I would have thought you would be fine.
badgerx16 Posted 9 May, 2013 Posted 9 May, 2013 If you are a tenant it might be wise to check the T&C's regarding the use of the space, there may be a clause about cars having to be legal for road use.
Son of Dave Posted 9 May, 2013 Posted 9 May, 2013 check out the road traffic act - sets out where the act applies & this includes private land
SO16_Saint Posted 9 May, 2013 Author Posted 9 May, 2013 Thanks, have contacted the Council. Will let you know what they say, in case anyone cares or needs to know
Pedro Posted 9 May, 2013 Posted 9 May, 2013 From experience, the majority of residential parking areas, vehicles will need to be insured, MOT'd and taxed, but not if on private land except, as has been already said, the landlord states in the lease that all vehicles must be roadworthy so that the car parks are not congested with rusting scrap but they would be subject to the tenancy agreement and not the law. DVLA do regular "hits" on areas and will have untaxed vehicles towed away and scrapped.
Weston Saint Posted 10 May, 2013 Posted 10 May, 2013 The only way to find out would be to contact the Council and enquire to check whether the specific piece of land where the car is parked is a public highway or private properly. If it is private property, then the vehicle can be kept there as SORN. However, if it is a public road maintained at the public expense, including grass verges and ground adjoining the road then the vehicle will need to be taxed.
Whitey Grandad Posted 10 May, 2013 Posted 10 May, 2013 The Finance Act 2008 seems to have changed the term 'public road' to 'public place'. The question is whether the public have free unhindered access to the land. From: http://www.astra-mk2.com/forum/archive/index.php/t-34275.html 2 schools of thought here. 1 - its a public place as the public has "free access" into the land without fences, lockable gates etc 2 - According to http://www.direct.gov.uk/en/Motoring/OwningAVehicle/UntaxedVehicle/DG_069727 "A public road is a road maintained at the public expense, including grass verges and ground adjoining the road. " However, the legal statute is at http://www.legislation.gov.uk/ukpga/2008/9/schedule/45 - Finance Act 2008 Essentially it says that if the public has access then its not private. However (and I quote) "This Schedule does not apply to— (a)any place which is within the curtilage of, or in the vicinity of, a dwelling-house, mobile home or houseboat and which is normally enjoyed with it, or (b)any place which is within the curtilage of, or in the vicinity of, a building consisting entirely (apart from common parts) of two or more dwellings and which is normally enjoyed only by the occupiers of one or more of those dwellings.” So they cant come onto your land / driveway to clamp (under a) and they cant clamp in the carpark of a block of flats (under b) but in your case, they probably can clamp as its publically accessable and isnt covered by a or b above. You might be covered under 2 (b)
hutch Posted 10 May, 2013 Posted 10 May, 2013 You might be covered under 2 (b) Or not. That is the question.
SO16_Saint Posted 10 May, 2013 Author Posted 10 May, 2013 quite handily, the council have said that they will reply to my email within 15 days....
SO16_Saint Posted 10 May, 2013 Author Posted 10 May, 2013 I received a reply from Parking Services at the Council, and the answer is yes, you can park a SORN car in the residential car parking areas around Southampton. I've contacted the DVLA, and they are happy, so long as the Council are happy.
The Majestic Channon Posted 10 May, 2013 Posted 10 May, 2013 Maybe i've lived abroad for too long, wtf is a sorn car???
Saint_Jonny Posted 10 May, 2013 Posted 10 May, 2013 From experience, the majority of residential parking areas, vehicles will need to be insured, MOT'd and taxed, but not if on private land except, as has been already said, the landlord states in the lease that all vehicles must be roadworthy so that the car parks are not congested with rusting scrap but they would be subject to the tenancy agreement and not the law. DVLA do regular "hits" on areas and will have untaxed vehicles towed away and scrapped. No they won't, don't believe the hype. The most he'll get is n £80 fine, if not paid court proceedings and ONLY THEN will his car be under threat of being towed away or scrapped. Caught driving without insurance? Then he'd be at risk of losing his car, but keeping it worn in the wrong place isn't something they punish too harshly.
The9 Posted 10 May, 2013 Posted 10 May, 2013 Maybe i've lived abroad for too long, wtf is a sorn car??? Statutory Off Road Notification It's the thing you have to have now if you own a car and want to keep it, but you don't intend to drive it on the public highway. Been the case since 1998.
hutch Posted 11 May, 2013 Posted 11 May, 2013 Statutory Off Road Notification It's the thing you have to have now if you own a car and want to keep it, but you don't intend to drive it on the public highway. Been the case since 1998. Only one of the UK's many new "guilty until proved innocent" laws, introduced so that policemen don't have to waste their time proving people are actually guilty, and as a result have more time to fill in compensation claim forms.
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