SORN declaration

[Mr E]

Hello chaps.

Just read a disturbing post on another forum. A mate has had his car towed away by 6 coppers.

It was declared SORN and was not on the road at the time.

It's costing him 160 notes for the tow, 100 quid for a cover note and the tax to go and sort it all out.

Can they do this?

[Mr Whippy]

*Has* it been used on the road while SORN'd though?

Maybe someone has cloned his plate and then DVLA just think he's using it illegally and want to crush it.

Dunno if they can do it or not, but they seem to be able to crush un-taxed cars these days so I assume they can tow it if they believe it to be used un-taxed...

Dave

[Richard C]

If the car was not on the road but on private property, what powers have the police to enter that property and to sieze the car ?

[g_attrill]

Richard C said:

If the car was not on the road but on private property, what powers have the police to enter that property and to sieze the car ?

That's what I was thinking.

One possibility is that some people's idea of the "road" isn't ours, eg. on another forum somebody actually thought a grassed area between the tarmac and their hedge was their property, when it is nearly always part of the highway. They had a car parked there declared SORN and it got a DVLA warning ticket.

That said, the towing is usually done by a private contractor - usually the same people who lift cars after accidents or breakdowns when the AA don't get there in 15 minutes. If it was a police removal with dedicated officers (an not part of a "cleanup squad" ) then probably means they want it for other reasons.

Gareth


>> Edited by g_attrill on Tuesday 3rd January 15:39

>> Edited by g_attrill on Tuesday 3rd January 15:39

[eccles]

i seem to recall there being a big fuss when the sorn thing was introduced because they could remove untaxed cars if they had been deemed to have been abondoned or causeing an eyesore.

there was a big fuss in the vintage/classic car world, with lots of people worryied about getting their rest project hauled away, even when sat on their drive.

i dont know if this is legal, or whether it was just people getting het up when the sorn thing was introduced.

[Dwight VanDriver]

There is no power of seizure mentioned in Road Vehicles (Reg and Lic) Regs 2002 that deals with SORN and notification.

There is power of seizure if an untaxed or uninsured vehicle is found on a ROAD but not on private property.

Likewise failure to pay certain fines can lead to vehicle confiscation.

Me thinks your mate is only telling half a tale.

dvd

[Mr E]

I think you're right. There might be more to this than we've been told.

It was certainly not on the road. The council had re tarmac'd the road, but not this parking area. However, it was also not demonstrably his property.

Seems it was sort of communial parking/waste ground type of area....

Could be interesting.

What does the law define as "public road"?

(can open, worms everywhere)

[kevinday]

Sounds like it was in a parking place the public has access to, that makes it on the public road.

[Holst]

kevinday said:

Sounds like it was in a parking place the public has access to, that makes it on the public road.

Or whoever does own the land or a neighbor who wants that parking spot called the dvla to complain ..

[rs1952]

Mr E said:

I think you're right. There might be more to this than we've been told. It was certainly not on the road. The council had re tarmac'd the road, but not this parking area. However, it was also not demonstrably his property. Seems it was sort of communial parking/waste ground type of area.... Could be interesting. What does the law define as "public road"? (can open, worms everywhere)

There are two issues here - "adopted highway" and "unadopted roads." Adopted highway means roads maintainable at public expense (ie by the County Council from the Council Tax). A vehicle that has a current SORN declaration against it cannot be used or left on an adopted highway without the owner being guilty of an offence.

Unadopted roads are maintainable at the expense of the owner of the road, or the owners of the premises abutting the road. There are many instances of parking areas (especially on Council or Housing Association estates) that are not adopted highway, but are owned by the Housing Department of the local council (confusingly, that's not the same thing as an adopted highway!)or the Housing Association.

In common with any other landowner, they will be the arbiter of who uses their land and for what purpose and, if they don't want your untaxed car on their land, they can have it removed. This is not an offence under SORN, it is the landowner exercising their rights. The landowner should, however, give you notice of the intended removal, but I was involved in a formal complaint once where the Housing Officer didn't give any notice and instructed a contractor to take a car away - the Housing Association ended up paying compensation in that case! In cases such as these, however, it will be a private contractor who moves the vehicle on behalf of the landowner, and the polce will not have anything to do with the matter.