Continuous Insurance Enforcement

[Noger]

SS2. said:

saaby93 said:

Even if it uninsured or SORNed could you still fall foul due to anyone being able to access your drive?

No, because your driveway is unlikely to be considered a road or 'other public place'.

Unless your driveway is the entrance to Blenheim palace

[SS2.]

Note my cunning use of the word 'unlikely', put in place to deal with such an eventuality..

[Noger]

Note my agreeing smiley

[SS2.]

Noger said:

Note my agreeing smiley

Noted

[Durzel]

Noger said:

But do they ? Is your car park used by people OTHER than residents and particular classes or business and social visitors ? Is there a "private" sign ? Do residents enforce this ?

There's private signs up on the wall at the back, and a sign on the wall where the tree is in the image saying "Residents Parking" but there isn't anyone (local authority or residents) actually enforcing it as far as I know, unless you count curtain twitching and gossiping when random visitor has gone. It's not gated nor permit controlled.

Random people don't park there though, but there's nothing stopping them from doing so.

Incidentally there has been a car sat in the same spot that a neighbour had been working on where the owner unfortunately passed away which has been there for at least a year with apparently no interference. It's never been clamped and I see the neighbour most days and he's never said that he's been done for it. *shrug*

Thanks for the input everyone, it's greatly appreciated.

[Noger]

Durzel said:

There's private signs up on the wall at the back, and a sign on the wall where the tree is in the image saying "Residents Parking" but there isn't anyone (local authority or residents) actually enforcing it as far as I know, unless you count curtain twitching and gossiping when random visitor has gone. It's not gated nor permit controlled.

Random people don't park there though, but there's nothing stopping them from doing so.

Curtain twitching is fine, what you would need to show is that it isn't simply tolerated or expected that random people park there. The sign would help too (but absence doesn't mean it is public).

[grumpy52]

my mate has just had a £100 penalty from dvla saying his classic range rover which he has just re-taxed (free it's an old k plate) is not insured !
1, He had to produce insurance to tax the car at the post office
2, He has a motor traders policy which in his words is a "matini policy" any car any size any owner
Dvla have said cars must be listed on his policy,his solicitor has said he will fight it for him for free as he has been waiting for this to happen and thinks a chance to embarass dvla is to good to pass up .

[saaby93]

grumpy52 said:

my mate has just had a £100 penalty from dvla saying his classic range rover which he has just re-taxed (free it's an old k plate) is not insured !
1, He had to produce insurance to tax the car at the post office
2, He has a motor traders policy which in his words is a "matini policy" any car any size any owner
Dvla have said cars must be listed on his policy,his solicitor has said he will fight it for him for free as he has been waiting for this to happen and thinks a chance to embarass dvla is to good to pass up .

Are you sure it was a penalty and not this warning letter?
http://stayinsured.askmid.com/documents/ial.pdf
Did he receive the letter?

[Noger]

1) The vehicle doesn't have to identified on the trader policy, so the DVLA are "wrong".

2) But moot point anyway if the vehicle wasn't on the MID, as the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 require a policyholder with an open policy to inform their insurer. So the DVLA would probably get them via that. Up to £5000 fine.

[Red Devil]

Noger said:

Red Devil said:

Given that the parking place is included in the property lease is it classed as public or private vis-a-vis insurance?

Lease makes no difference, the test is if the general public use it, not just a particular class (i.e. visitors, postmen and milkmen) of the public.

Simply putting "Private" on a sign above somewhere the general public use regularly isn't enough, similarly a bumpy carpark at the back of some flats that nobody else uses won't be.

The M6 Toll Road is private, and has a barrier, but you still need tax and insurance !!

Thanks for the response.

There is no sign or gate preventing access to anybody. That said, the area in question is at the back of the block. There is no reason for the postman, milkman, utility meter reader, etc to go there as the access door to the block and visitors' parking bays (signed as such) are at the front.

So it would seem that the chap and his g/f should be able to SORN their car without any comeback.