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Old 10 May 2009, 07:05 PM
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Scooby Soon!
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Default Vosa / HGV / operators license experts

I have just taken on a warehouse with a large carpark at the front, the car park belongs to me in my lease but still has 2 lorry boxes and a 30ft fixed axle removal lorry parked on it. The lorry is currently SORN by the previous owner of the building (whos familys business was running for over 100 years but went bankrupt 18months ago)

I went to his house and told him today that the boxes and lorry have got to go and he seemed shocked , first thing he said is you "can't make me" but I think I have made him understand but just incase I want to have a couple of back up plans.

The operators license for my address has expired 2 months ago but do you need one for an untaxed lorry?

I am going to sell the lorry boxes on ebay if they are not gone in the next few weeks but would like to have a back up plan for the lorry. He seems to have a real problem letting go (his backyard looks like Mr trebus) and can't seem to accept that the compnay has gone (was telling me how he used to have a million pounds worth of stock and over twenty vehicles etc etc blah blah blah. I can also surround the car park with concrete blocks including restricting access to his house over my carpark (he has no right to the access) but I dont really want to go down this route yet!
Old 10 May 2009, 07:18 PM
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Will
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No you dont. Any one can buy a lorry, but to use it for reward you need an operating licence.
Old 10 May 2009, 07:32 PM
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Originally Posted by mr_impreza
No you dont. Any one can buy a lorry, but to use it for reward you need an operating licence.
I know anyone can buy a lorry but you cant just park it anywhere you want, you have to have an operators license at a registered addess I am just not sure if its untaxed makes any differance.

For instance if you put in the postcode of any HGV firm in to the VOSA website it will tell you how many vehicles they can park at there property and when it expires.
Old 10 May 2009, 07:47 PM
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You dont need an operating licence to own a lorry mate, but if its on your land and you can get it moved if you want. I remember i left a car at a pub car park saturday night and i was too ill to go and get it, the cops was at my house sunday at 4pm because the land owner ( landlod ) phoned them.
Old 10 May 2009, 07:55 PM
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Originally Posted by Scooby Soon!
I know anyone can buy a lorry but you cant just park it anywhere you want, you have to have an operators license at a registered addess I am just not sure if its untaxed makes any differance.

For instance if you put in the postcode of any HGV firm in to the VOSA website it will tell you how many vehicles they can park at there property and when it expires.
you only need an O licence if the vehicle is being used for hire or reward as stated and as the business has gone bust then this is no longer the case so no O licence required
point 2 is if he was a director of the company then there is a good chance that he won't be able to have an O licence for at least 2 yrs
anyone can go out and buy a truck and use it aslong as its taxed and tested as long as they have the relevent license
Old 10 May 2009, 08:27 PM
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Originally Posted by D11AKS
you only need an O licence if the vehicle is being used for hire or reward as stated and as the business has gone bust then this is no longer the case so no O licence required
point 2 is if he was a director of the company then there is a good chance that he won't be able to have an O licence for at least 2 yrs
anyone can go out and buy a truck and use it aslong as its taxed and tested as long as they have the relevent license
he was in partnership with his dad under a sole trader so lost everything, I know that you need an operators license to park any commercial vehicle over 3500 kilos at a permenant address (although I know people park them at farms and places out of the way because no one sees them) as I had Vosa at my house ( I live about half a mile from there base in Ashford) and I have a very large box van and one of my neighbours complained (even though its parked behind gates) and told them it was a lorry! They came and checked the weights and asked to see the V5.

So i know anyone can buy a lorry, but I know you can not just park it anywhere you want permenantly (you may be ok for a few days or weeks) but its illegal after a certain point.
Old 10 May 2009, 09:09 PM
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do u mean de mountable boxes ? or a whole lorry ? and no u dont need a ops licence as long as you dont use it for hire or reward.

Last edited by phil_wrx; 10 May 2009 at 09:10 PM.
Old 10 May 2009, 10:08 PM
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I'm no legal expert but if you don't own something and sell it isn't that theft ???

You could write to him - recorded del - and advise from XXX date you will have no choice but to start charging storage @ £xxxx pounds per day.... maybe
Old 21 September 2009, 09:46 AM
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Default These guys can help

I use OLMC for everything I do that involves HGVs. They really know their stuff for anything to do with vosa operators licence things. You could consider giving them a ring, they tend to not charge if you are just ringing for general advice. Probably hoping you will use them in the future.

But from what they have told me in the past, if the company owning the boxes has gone bust, then their licence will have been surrendered or revoked.

It depends who owns the boxes, if they are now privately owned, then you can start charging rent unless they are moved, it is also a private matter and nothing to do with VOSA. if they are commercially owned, they don't have to be on an operators licence unless they are being used on the public highway.

It's a tricky one all right.
Old 21 September 2009, 12:22 PM
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GC8
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You cant simply sell the items as they arent yours. Id suggest taking proper legal advice about their removal or disposal.
Old 21 September 2009, 12:54 PM
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Phone the Police and say you saw a foreign looking gentleman wearing a backpack climb out of the lorry.

It will be gone in no time Downside is that you may not have access to your land for quite some time
Old 21 September 2009, 02:40 PM
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Originally Posted by GC8
You cant simply sell the items as they arent yours. Id suggest taking proper legal advice about their removal or disposal.
Don't you know the rule of finders keepers?

If I parked two cars on someone's driveway I wouldn't expect them still to be there in a years time regardless of what the law said.

Anyway I now have a big empty car park as the lorry boxes were I think stolen ( not sure how that happened ) and the lorry was I think towed a way by the council for being abandoned and not displaying a valid tax disc
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