Unlicensed vehicles and private land
Discussion
Ok so were my friend lives new development there is substation 'western power' with some parking spaces. Builder says they left them for residents to use.
Western power says they aren't theirs and dont want them.
So problem neighbour a mechanic is amassing a collection of cars he currently has 5 cars a two motorbikes. Keeps 2 cars and bikes on his drive. Rest spills out into crowded street.
For a couple of years neighbours near the spaces have used them mechanic who lives further down the road has tried to take them by parking sideways but a neighbour kicked off at him and he phone the police saying he was alarmed and distressed. He drives like a loon and police had words but residents need video footage of him to get anything else done about that.
So he has abandoned a is200 with engine troubles by the sounds on one of the the two parking spaces next to the substation. It's been there over a month and now has no tax. Police say they can't do anything about it as it's off the highway?
Is that correct as it's not his land and I would say its public parking? If that was the case how come police can enforce your tax in b and q carpark as it off the highway.
Western power says they aren't theirs and dont want them.
So problem neighbour a mechanic is amassing a collection of cars he currently has 5 cars a two motorbikes. Keeps 2 cars and bikes on his drive. Rest spills out into crowded street.
For a couple of years neighbours near the spaces have used them mechanic who lives further down the road has tried to take them by parking sideways but a neighbour kicked off at him and he phone the police saying he was alarmed and distressed. He drives like a loon and police had words but residents need video footage of him to get anything else done about that.
So he has abandoned a is200 with engine troubles by the sounds on one of the the two parking spaces next to the substation. It's been there over a month and now has no tax. Police say they can't do anything about it as it's off the highway?
Is that correct as it's not his land and I would say its public parking? If that was the case how come police can enforce your tax in b and q carpark as it off the highway.
Edited by jbsportstech on Saturday 7th June 23:58
Check with the council to see if the parking spaces where adopted along with the roads and pavement, I would have expected the developer to build them to adoptable standards simply so that they do not have to maintain said spaces forever.
How old is the development and how many parking spaces are provided per dwelling? if the scheme has less than or equal to 1.5 spaces per dwelling these will be "shared" spaces to allow visitor parking and will have been adopted by the council unless the developer screwed up on the paperwork.
How old is the development and how many parking spaces are provided per dwelling? if the scheme has less than or equal to 1.5 spaces per dwelling these will be "shared" spaces to allow visitor parking and will have been adopted by the council unless the developer screwed up on the paperwork.
I thought any road to which the public have access makes it a public road? I have a long 'private' road to my house - but I'm told I can't drive up it drunk (not that I plan to) because it's a bridle path over which the public have access (despite it being privately owned).
Didn't Clarkson run into this one when he bought some fields hoping to drive back from his local over his land?
Didn't Clarkson run into this one when he bought some fields hoping to drive back from his local over his land?
NDA said:
I thought any road to which theu public have access makes it a public road? I have a long 'private' road to my house - but I'm told I can't drive up it drunk (not that I plan to) because it's a bridle path over which the public have access (despite it being privately owned).
What constitutes a "road or other public place" for the purposes of drink driving legislation is not the same as what constitutes a "public road" (see above for the definitions) for the purposes of vehicle excise legislation.Cat
I believe some form of barrier is required, barrier may not be quite the correct word, it doesn't have to be a physical barrier preventing access, depending on the context, a gapped fence, some posts (with or without a gate), a change of paving material or thin strip of edging stones would be enough to mark out someone's drive.
ging84 said:
I believe some form of barrier is required, barrier may not be quite the correct word, it doesn't have to be a physical barrier preventing access, depending on the context, a gapped fence, some posts (with or without a gate), a change of paving material or thin strip of edging stones would be enough to mark out someone's drive.
There is no requirement for any form of physical indication to delineate what is/isn't considered public/private in relation to drink driving legislation. Whether the place is public/private will be a matter of fact dependent on the circumstances in each case. There is case law whereby places with no physical indication have been considered non public, conversely places with barriers have been held to be public places.Cat
A road can become highway by virtue of it being used, without interuption, for a period that exceeds 20 years. Whilst it would be considered to be a highway and the public would have the right to use it, it wouldn't form part of the adopted highway network, maintainable at public expense. It's therefore still private land and as such any untaxed vehicle could still parked on such a road. (Assuming it's not obstructing the highway).
This is why retail parks have barriers across their entrance points - So that their land can't be declared as a highway. That and to keep the hooligan burn out croud out.
@ The OP, I think it's already been said, but your local authority will have a record of what is adopted highway and what isn't. Ring them and try asking for the Adopted Highway Records Officer. Be prepared to have to visit the County Offices to view the records though.
This is why retail parks have barriers across their entrance points - So that their land can't be declared as a highway. That and to keep the hooligan burn out croud out.
@ The OP, I think it's already been said, but your local authority will have a record of what is adopted highway and what isn't. Ring them and try asking for the Adopted Highway Records Officer. Be prepared to have to visit the County Offices to view the records though.
b0rk said:
How old is the development and how many parking spaces are provided per dwelling? if the scheme has less than or equal to 1.5 spaces per dwelling these will be "shared" spaces to allow visitor parking and will have been adopted by the council unless the developer screwed up on the paperwork.
In most cases, the HA wouldn't have an interest beyond ensuring the spaces are provided - How they're used is a usually regarded as being a private matter between the respective home owners. There may be some form of legal agreement in place but in the case of visitor parking, it again wouldn't be at the HA's behest.Its parked on space next to substation pcso's role and say no problems, might inform the dvla. They were filmed for a documentray as well.
Its a petrol is200 but apparently according to one neighbour it may have engine prob certainly it hasnt mopved in close to a month.
Neighbour who owns a mechanic and has a constant turn over of mostly sheds.
Currently has 5 cars none of which are on his two car driveway as that would block his bike in!
he has now taken over these two spaces which are down the road from his house and using it as his heap parking.
Its a petrol is200 but apparently according to one neighbour it may have engine prob certainly it hasnt mopved in close to a month.
Neighbour who owns a mechanic and has a constant turn over of mostly sheds.
Currently has 5 cars none of which are on his two car driveway as that would block his bike in!
he has now taken over these two spaces which are down the road from his house and using it as his heap parking.
Unfortunately, being a selfish 
isn't against the law.
And as has already been said, the dvla would only have an interest if the parking bay's form part of the adopted highway network. If they don't, then the car is parked on private land and doesn't need to be taxed.
isn't against the law. And as has already been said, the dvla would only have an interest if the parking bay's form part of the adopted highway network. If they don't, then the car is parked on private land and doesn't need to be taxed.
Edited by Zombie on Wednesday 11th June 13:13
Zombie said:
Unfortunately, being a selfish isn't against the law.
And as has already been said, the dvla would only have an interest if the parking bay's form part of the adopted highway network. If they don't, then the car is parked on private land and doesn't need to be taxed.
That the same for a tescos carpark? isn't against the law. And as has already been said, the dvla would only have an interest if the parking bay's form part of the adopted highway network. If they don't, then the car is parked on private land and doesn't need to be taxed.
Edited by Zombie on Wednesday 11th June 13:13
A neighbour came out as his car was next to it at the time and he started the whole its own be western power thing but when they were approached by the owner of the adjacent house they said it was not theirs as he offered to buy the land.
They dont park their vehicles on it when attending to jobs at the station either.
jbsportstech said:
Zombie said:
Sorry, I don't understand what your question is?
Tescos carpark is private land so surely I dont need tax to be there.A car park that's open to the public is considered part of the road for purposes of tax, insurance and mot.
And probably other stuff too.
There will be exceptions for some secure or closed car parks I expect.
Especially stuff like very long term parking.
Zombie said:
Unfortunately, being a selfish isn't against the law.
And as has already been said, the dvla would only have an interest if the parking bay's form part of the adopted highway network. If they don't, then the car is parked on private land and doesn't need to be taxed.
It usually needs to be taxed - fully road legal, in fact - if it is parked on land which is part of a local authority or housing association housing estate (including on driveways or in gardens), whether the highway is adopted or not (the landlord may well own/maintain the highway and land the estate is built on as well as the properties themselves). isn't against the law. And as has already been said, the dvla would only have an interest if the parking bay's form part of the adopted highway network. If they don't, then the car is parked on private land and doesn't need to be taxed.
Edited by Zombie on Wednesday 11th June 13:13
This is generally part of any social housing tenancy agreement. Or it was as of 2007, anyway
.The landlord will enforce initially (notice then removal of car, for example) as opposed to DVLA though, so my apologies for going off at a tangent
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