General Car Related Discussion. To discuss anything that is related to cars and automotive technology that doesnt naturally fit into another forum catagory.

Basturd DVLA

Thread Tools
 
Search this Thread
 
Old Nov 21, 2006 | 04:08 PM
  #1  
gwynny's Avatar
gwynny
Thread Starter
Too many posts.. I need a life!!
 
Joined: May 2003
Posts: 784
Likes: 0
From: Swansea
Default Basturd DVLA

I have sold a 205 gti on ebay this week to a chap in Ireland. the car has no tax/mot.

The irish chap (seamus) arranged for a fella to come over to collect the car on the ferry.

So I have parked the car outside on the footpath that i own (I have the deeds to prove). Anyway I popped out and the car was gone when i got back, so I thought it had been collected, but no money is has been left.

Cut a long story short the DVLA had picked it up and impounded it 3 hours before its due to be picked up by the irish guy.

So I end up down the pound paying 200 notes to get it out.

So now I have to try and get my cash back from the DVLA with an appeal. i cant believe how unlucky I am!!!!!
Reply
Old Nov 21, 2006 | 04:10 PM
  #2  
Chipped UK LTD's Avatar
Chipped UK LTD
Regular Contributor
 
Joined: Sep 2006
Posts: 206
Likes: 0
Default

Unless the car was ecured by a gate you cant win.
Even if you own the land the car was parked on it is still classed as public highway unless you have a gate stopping it leaving.

Sad but true.
Reply
Old Nov 21, 2006 | 04:16 PM
  #3  
Oranoco's Avatar
Oranoco
Professional Waffler
 
Joined: Aug 2003
Posts: 25,425
Likes: 41
From: HertFORDshire
Default

Unfortunately although the land may be shown as yours on the deeds there will be Highways Access rights over it which is why you shouldn't have parked there and why they can screw you for it.

All you can do is pay up and take it as a lesson learnt. Sorry
Reply
Old Nov 21, 2006 | 04:17 PM
  #4  
Gaz7's Avatar
Gaz7
PassionFord Regular
 
Joined: Aug 2003
Posts: 389
Likes: 0
Default

What about if you have an untaxed car parked on an ungated driveway then?

Gareth
Reply
Old Nov 21, 2006 | 04:22 PM
  #5  
Oranoco's Avatar
Oranoco
Professional Waffler
 
Joined: Aug 2003
Posts: 25,425
Likes: 41
From: HertFORDshire
Default

Providing the driveway is yours you are fine. The issue here is simply down to the fact it was on the path.

I don't think you can own a footpath irrespective of what the deeds say. I can find this out for you through my office. My understanding is that if the county council have put the path in they have done on your land they then adopt that land and access rights over it. If your property goes all the way to the road edge they County Council will have Highways Access rights of about 1 metre in to your land.
Reply
Old Nov 21, 2006 | 04:25 PM
  #6  
Cowboi's Avatar
Cowboi
PassionFord Post Whore!!
 
Joined: Mar 2005
Posts: 4,301
Likes: 0
From: London
Default



thats the sort of thing that really winds me up.

3 hours later and you'd be richer and smilling.
instead ur just pissed off.
Reply
Old Nov 21, 2006 | 04:27 PM
  #7  
Chipped UK LTD's Avatar
Chipped UK LTD
Regular Contributor
 
Joined: Sep 2006
Posts: 206
Likes: 0
Default

No your not ok.
unless you have a gate and it is locked the car on any drive will be clased as open to public highway, EVEN IF THE DRIVE IS UPHILL AND THERE IS NO WAY FOR IT TO ROLL OFF THE DRIVE!!!

Thats just the way the law is.
Reply

Trending Topics

Old Nov 21, 2006 | 04:29 PM
  #8  
Gaz7's Avatar
Gaz7
PassionFord Regular
 
Joined: Aug 2003
Posts: 389
Likes: 0
Default

Originally Posted by Chipped UK LTD
No your not ok.
unless you have a gate and it is locked the car on any drive will be clased as open to public highway, EVEN IF THE DRIVE IS UPHILL AND THERE IS NO WAY FOR IT TO ROLL OFF THE DRIVE!!!

Thats just the way the law is.
Nice - that seems pretty harsh doesn't it?!

I have a SORNed car locked in my garage - but i sometimes push it out onto my driveway to wash it/take bits off or put back on. Looks like i'll have to watch out from now on

Gareth
Reply
Old Nov 21, 2006 | 04:30 PM
  #9  
Oranoco's Avatar
Oranoco
Professional Waffler
 
Joined: Aug 2003
Posts: 25,425
Likes: 41
From: HertFORDshire
Default

Originally Posted by Chipped UK LTD
No your not ok.
unless you have a gate and it is locked the car on any drive will be clased as open to public highway, EVEN IF THE DRIVE IS UPHILL AND THERE IS NO WAY FOR IT TO ROLL OFF THE DRIVE!!!

Thats just the way the law is.
That's just fucked up
Reply
Old Nov 21, 2006 | 04:36 PM
  #10  
CliffRS4's Avatar
CliffRS4
PassionFord Post Whore!!
iTrader: (1)
 
Joined: Jun 2003
Posts: 4,449
Likes: 0
From: Hertfordshire
Default

Here's another one.

I declared my car SORN a while ago. I go to Iraq for 7 months and come back to find it has ran out. So I have to pay a fine of £40 and £29.37 ish.

apparently being in Iraq isn't a good enough reason not to have filled out another SORN form.

Think I might have to complain about this one
Reply
Old Nov 21, 2006 | 04:39 PM
  #11  
Chipped UK LTD's Avatar
Chipped UK LTD
Regular Contributor
 
Joined: Sep 2006
Posts: 206
Likes: 0
Default

I think the law changes if you have a sorn document.
You are able to put the car onto the drive for work/repair etc etc.

On a sorn doc it gives you the right to have a car you are not going to take onto a public road on your property.

I guess its like being drunk and going into your boot to get your coat.
it is clear you are not going to drive the car but your still guilty of drink driving.
Reply
Old Nov 21, 2006 | 04:47 PM
  #12  
gwynny's Avatar
gwynny
Thread Starter
Too many posts.. I need a life!!
 
Joined: May 2003
Posts: 784
Likes: 0
From: Swansea
Default

Originally Posted by Oranoco
Providing the driveway is yours you are fine. The issue here is simply down to the fact it was on the path.

I don't think you can own a footpath irrespective of what the deeds say. I can find this out for you through my office. My understanding is that if the county council have put the path in they have done on your land they then adopt that land and access rights over it. If your property goes all the way to the road edge they County Council will have Highways Access rights of about 1 metre in to your land.
I do 100% own the pavement infront of my house, the old dear that lived here years ago went to great lengths to get a letter from the county council saying it, something to do with the house being an old postoffice??
Reply
Old Nov 21, 2006 | 04:49 PM
  #13  
Gaz7's Avatar
Gaz7
PassionFord Regular
 
Joined: Aug 2003
Posts: 389
Likes: 0
Default

Originally Posted by Chipped UK LTD
I think the law changes if you have a sorn document.
You are able to put the car onto the drive for work/repair etc etc.

On a sorn doc it gives you the right to have a car you are not going to take onto a public road on your property.
I see... So that being the case, everything i'm doing is fine then? The car never leaves the driveway when it comes out of the garage...

Gareth
Reply
Old Nov 21, 2006 | 04:50 PM
  #14  
Chipped UK LTD's Avatar
Chipped UK LTD
Regular Contributor
 
Joined: Sep 2006
Posts: 206
Likes: 0
Default

It doesnt matter if you own the land or not.
The item of law in question is the car having "access" to a public highway and not being parked on a public highway.

Of course, if the law was being parked on a public highway you could not be charged and police or dvla could not issue tickets to cars held on private land whether having a sorn document or not but we all know that is not the case.

They have closed many loopholes in the last 5 years and one of them is this.
Reply
Old Nov 21, 2006 | 04:52 PM
  #15  
gwynny's Avatar
gwynny
Thread Starter
Too many posts.. I need a life!!
 
Joined: May 2003
Posts: 784
Likes: 0
From: Swansea
Default

basturds!

I'm going to send a letter off anyway.
Reply
Old Nov 21, 2006 | 04:52 PM
  #16  
Chipped UK LTD's Avatar
Chipped UK LTD
Regular Contributor
 
Joined: Sep 2006
Posts: 206
Likes: 0
Default

Originally Posted by Gaz7
Originally Posted by Chipped UK LTD
I think the law changes if you have a sorn document.
You are able to put the car onto the drive for work/repair etc etc.

On a sorn doc it gives you the right to have a car you are not going to take onto a public road on your property.
I see... So that being the case, everything i'm doing is fine then? The car never leaves the driveway when it comes out of the garage...

Gareth
Your 100% ok, as long as you dont take the car off the drive they cant do a thing to you.
Reply
Old Nov 21, 2006 | 04:57 PM
  #17  
Chipped UK LTD's Avatar
Chipped UK LTD
Regular Contributor
 
Joined: Sep 2006
Posts: 206
Likes: 0
Default

OK,

Good news at last.

As long as you can prove that you only removed the car from your garage for the purposes of selling it (an ebay sales sheet will be ok) then your not guilty.
It is like having a car with no mot is illegal but if you are going too an mot station which is pre-booked then your not guilty (as long as insurance is in place)

btw: got this from mate who is legal rep for law firm on motoring matters.
Reply
Old Nov 21, 2006 | 05:47 PM
  #18  
Rhys's Avatar
Rhys
15K+ Super Poster!!
 
Joined: May 2003
Posts: 18,745
Likes: 0
From: South Wales, GB
Default

Originally Posted by Cliff S1
Here's another one.

I declared my car SORN a while ago. I go to Iraq for 7 months and come back to find it has ran out. So I have to pay a fine of £40 and £29.37 ish.

apparently being in Iraq isn't a good enough reason not to have filled out another SORN form.

Think I might have to complain about this one
Dont be mad and pay that mate, deffo complain. Give them a ring.
Reply
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
Glenn_
General Car Related Discussion.
7
Sep 18, 2015 02:27 PM
onionlover
General Car Related Discussion.
6
Aug 6, 2015 03:20 PM
bigup316
General Car Related Discussion.
1
Aug 1, 2015 04:25 PM
stevieturbo
General Car Related Discussion.
4
Oct 2, 2005 05:41 PM
Mazda Man
General Car Related Discussion.
24
Oct 1, 2004 08:52 AM




All times are GMT. The time now is 08:15 AM.