scoobyJim2

I've got an a-class merc I borrowed of a friend,I was using it whilst my subaru was off the road for a while.it's been sitting opposite my house on a Private road for 3 months or so because I've got my car back and friend has no use for it at present.so a couple off weeks ago I realised the tax had expired by 6weeks,so i sorned it online,then he recieved a fine in the post which I payed for £80 or £40 if paid within 14days,which I paid last friday. Anyway I return home tonight and car is gone. I doubt its been stolen (battery is removed for one) so im guessing its been towed by council,police or dvla. Was I wrong to believe you can leave an untaxed car in a private road,or is whoevers towed it in the wrong,by not realising it's a private road.this is presuming it hasn't been nicked! I Will find out tommorrow when I ask the owner to call police

DUBHEAD

Could of been stolen tbh surely if it was going to be towed there would be some sort of notice before hand to inform you about it being towed

Cars can be stolen without a battery, I know a bloke who had his motorhome in tor work at a garage and he took the battery off to stop it being stolen (it was parked outside) that got nicked the same night.

I would ring police mate

hodgy0_2

Interesting, and maybe it depends on the exact legal status of "private" roads

Are they the same as your drive

DieHardDonkey

call the old bill asap mate, its probly been stolen by a scrapper on a flatbed.

MattyB1983

iTrader: (51)

^^^ this.

Call the old bill and report it stolen. If the road is private then yes, you can leave sorned cars on it.

Rescue Dude

iTrader: (11)

No they aren't.

"A public road is a road maintained at the public expense, including grass verges and ground adjoining the road."

This means that if a 'Private' road is maintained by the council it is classed a 'Public' road and you cannot park untaxed/SORNed cars on it.

The DVLA can remove cars from these roads.

To the OP contact the authorities immediately as if they have it they can and will crush it!!!

hodgy0_2

yes, that is what I would have thought

I am sure some of these roads marked as "Private" are in reality, not

just signs put up by the residents or the original developers, and have no real legal basis - just put there to make the residents feel a little bit superior

MattyB1983

iTrader: (51)

As long as the council don't maintain it you're golden.

cossie_eater

iTrader: (5)

This is now true DVLA changed the legislation where if you or anyone can drive down the road its not deemed as private. (public access) they are allowed to clamp or remove. unless it is behind gates or on a private driveway.

(used to work for DVLA)

swaynie

iTrader: (6)

Defo call the police and contact the DVLA to see if they have seized it.

scoobyJim2

Well after about 6 different phonecalls it turns out a private company that dvla use (nsl) has towed the car. Apparently as stated by cossie eater,any road the public can drive down is not a private road (only if there is a gate it is private) so you can only leave it on your driveway or garage. I have to pay £260 for it back or surrender car to them

Rescue Dude

iTrader: (11)

Will they let you have it back if it isn't taxed and insured?

I'm not sure they will.

cossie_eater

iTrader: (5)

tax and log book will be needed to get it back

Rescue Dude

iTrader: (11)

Which is what I figured.

They may only return it to the registered keeper too.

hodgy0_2

I have said this on these pages before, but this sort of thing (which I am in total agrrement with btw) i,e, a very rigorous inforcement of untaxted and un-insured cars (the databases cross referencing the the SORN database)

will change the dynamics of car ownership - in certain and incressingly common circumstances cars will become a financial liability - i.e not just "Not worth much"

but people will be paying to get rid of them

scoobyJim2

If I knew it wasn't aloud to be parked there I would've moved it.I've always had tax,mot,insurance etc. I thought it was classed off the road

scoobyJim2

Yes only to registered keeper with 3forms of ID. And because keeper has it registered at his other address to where he's utility bill and driving licence is registered at,this makes it trickier! What the company has said is if I bring my ID then I can fill in a v62 form,pay £25,collect my belongings (because im not aloud these for the same reason I can't get car back) then let them keep car and wont have to pay the £260.

Rescue Dude

iTrader: (11)

So you're letting them keep it?

Doesn't your friend want it back?

hodgy0_2

was not meant to be a dig at you

in fact due to an administrative **** - totally my fault, i forgot to SORN my Caterham 7 when I took it of the road for the winter (and stored it in my garage) a yera or two ago

anyway a fine in the post - won't make that mistake again, but still think it is a good idea

scoobyJim2

No offence taken. Its a good idea for people who drive around everyday knowing they are illegal. But when like you say its due to administrative reasons,which you could say mine was as the tax reminder went to owners alternative address and had to be forwarded on

scoobyJim2

Yea they're keeping it.friend just said give him scrap money for it and is happy with £100. Lesson has been if im ever in same situation again and forget to tax or sorn a vehicle,as soon as i realised i would choose to put 6months on it,which would be back dated with an arrears charge of about £18 and i could always get refund on tax when I did get rid of it. Rather than sorning it, paying fine,then loosing car anyway or paying £260 or more for it back

scoobyboy1

iTrader: (16)

Regarding a private rd/car park, might be a bit of topic, but my brother parked his Subaru in his private works car park and was issued a fixed penalty by the police for having a small numberplate, My brother tried to argue that it was on private works car park, and was told it didnt make a difference!! The car park could be seen from the main road, but no one else used the car park as it was only for people who worked there!!

salsa-king

^^^^ how did it get there?

Gear Head

iTrader: (2)

The government ran an advertising campaign regarding this a few years ago. I thought it was now common knowledge?

scoobyJim2

He probably was in the right parked off road,half the coppers don't know the law properly.

scoobyJim2

In this campaign did they explain whats classed as a private road? Because where I left mine it says 'private road,residents parking only' so I assumed it wasn't classed as on the road

scoobyJim2

If there is no locked gate and public can enter, then its classed as public road, not private,apparently! Should be aloud a show plate if parked up though! If you keep original on dash they cant do you for small plate

Rescue Dude

iTrader: (11)

I think you'll find yourself with a £60 fine if the plate isn't legal and isn't displayed correctly.

http://www.legislation.gov.uk/uksi/2...ulation/6/made

scoobyJim2

Did police measure his characters and checked visible distances as to the legislation that rescue dude posted? I bet they didn't! Maybe my friend has been lucky but whenever he's been tugged and they see the front plate (his is black & chrome on a black nova) because he has proper plate on dashboard they dont do anything.