Legal parking help please?

Came home today to find my car had been knicked. Turned out it had been towed away due to no tax. Now, I knew this and had it declared SORN ‘off the road’ and parked it in a council parking bay (one with a lockable, fold down post behind it). Thought ‘off the road’ meant just that but apparently not. Now I’m looking at £450 fine. Does anyone know anything about this? Can I argue my case about it not being on a public highway?

Just dead annoyed as I’d arranged for it to be picked up on Saturday to be taken away as scrap for £200 and now I’m looking at -£400 :angry:

also - while Im here… anyone on the BCR this Sunday? Looks like it might be dry:cool:

Not sure if council bays are public highway - but I do know that if you’d covered it, they’re not allowed to take a peek.

my neighbour got away with it… He argued that the council bay was private and won,

Me on the other hand years ago in a council bay was summonsed to court as a youth for a car without tax on a council parking bay

mmmm

Who golt it towed? Was it the DVLA for having no tax, or the local authority for parking in one of their bays without any tax? There is a subtle difference, as the local authority may impose conditions on their bays being used by untaxed cars/bikes… If it’s the DVLA you may however have a case

The definition of a public road under section 62 of the Vehicle Excise and Registration Act 1994… which says

Public road

(a) IN ENGLAND AND WALES AND NORTHERN IRELAND, MEANS A ROAD WHICH IS REPAIRABLE AT THE PUBLIC EXPENSE, and
(b) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984

If you have to pay to park in the parking bay I would suggest that it’s not a road repairable at the public expense…

I would probably give an appeal a go if I were you

cheers!
god bless this forum.

I dont pay to use the bay. Its a council estate bay just off the road. They have metal bars than can be erected (if youhave the key) but i’ve never seen these used. I just assumed it was council property rather that owned / maintained by highways agency.

Been looking on the net and there seems to be loads of people in similar situations… with mixed outcomes. I’ll phone the pound tomorrow to make sure the charges aren’t increasing hourly or anything stupid and then the council to look at the deeds.

Its in the dvla pound so i assume the dvla took it, or an agency working for them…

I would have thought they’d have clamped or told me first - can’t believe they just took it!

That has been rescinded, as people were using it to much. The old trick of covering the bike so they can’t the number for parking ticket has gone as well.

unlucky muchuu - I’d defo argue it, so long as they are not charging you a daily rate to keep the car impounded!!

Are the bays marked “residents only” or suchlike? And are you a resident? If so the existence of the restriction and the posts suggest an intention to enforce so it would not be part of the highway. If there are no such signs and the posts are never used to limit the general public from using them then you don’t have much of a case. It all comes down to whether the owner of the land intends to restrict access to a sub-class of the population or not and whether such a restriction is enforced.

if you were going to scap it why not tell them they can keep the car and shove the £400 fine where the sun don’t shine…ohhh yea that so ryhmed!:w00t:

If it’s the DVLA that towed it, and the bay is not public highway, I think you may have a case. Maybe check with the council to make sure that it isn’t public highway, if they confirm, tell the DVLA they stole your vehicle.

I thought that even if it is off road - unless you declare it as SORN, they can fine you? In their eyes, you could be driving it around.

After my divorce, my ex used to throw my letters away, and one of them was my tax reminder. I had a lot of bad things happen around xmas and it didnt occur to me to check my road tax! I then realised in FEB, and the post office couldnt back date it. They said they could only issue it to the beginning of FEB and that I still might get fined.
I re-registered my car to my current address and received the new documentation fairly swiftly. (touch wood, no jokes Westie) I havent heard anything since.
Another reason to hate the ex!

Apologies, you did declare it SORN.

Ignore me, Im just an idiot in disguise!

Thanks for your responses everyone.
THought you might want to know (or rather, I wanted to tell anyone who’ll listen) that I phoned the DVLA this morning and they brought the car straight back, no charges, nothing! Admitted it was a mistake. Am selling it today quick, before they can change their minds again.

nice one! glad you got a good result and a speedy one at that:cool:

Good result!
Glad to see they admit they were in the wrong and very quickly put it right without having to go through weeks of red tape.
Everybody makes mistakes …

Congratulations - a good outcome - they obviously accepted it was not on the highway.