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Need a wee bit of help... SORN VS COUNCIL

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Old 12-02-2010, 11:57 PM
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Shredtheibanez
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Default Need a wee bit of help... SORN VS COUNCIL

Okay let me explain.

I brought a saxo of a neighbour for £75, blown head gasket. The idea was to repair it and sell it for a profit, still MOT'd till MARCH/APRIL (one or the other). On the day of sale we delared it SORN over the internet.
Now the car remain stationary and has been SORN and out of TAX for around 2 months and yesterday the DVLA van came around and scanned all the number plates for what i guess was TAX. Now nothing has happened to the car yet but, where do i stand?

Where it is parked is in a residential parking area, there are literally 3 cars in the whole area (everyone parks around the front of the house) so its not obstructing anyone (no neighbours would mind, they are sound). I don't need a permit to park however, it does state residential parking in the hand book.

Now its parked where the White Van (Fathers Van) use to be (the van is no longer here).
http://maps.google.com/maps?f=q&sour...h&z=21&iwloc=A

Failing that, what would be the law on parking in on my grass front garden? Providing i lay planks down it would be fine... The council don't maintain this land i do..

...Tempted to take the engine and gearbox out just whilst i repair it, where would this lead me? (by that i mean it wouldn't be a motor vehicle.. would it?)....

I've looked all over the place but no luck. The area has recently change from Plymouth City Council to a new firm (Plymouth Homes or something). I guess best bet is to ring them...

Any suggestions?

Thanks in advanced,

Ryan

Last edited by Shredtheibanez; 12-02-2010 at 11:58 PM.
Old 13-02-2010, 12:43 AM
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Big-Dan
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If the area where the car is currently parked is classed as "public" whether it be road or footpath they can tow it without warning mate, had a car taken from outside my door once while I was at work, I got a £500ish fine and told if I wanted my car back I had to pay the storage and tow fees for it another £500ish.

Don't think they can take it off the grass providing you own or rent it privately, if not then your best and only option is to get it moved or as you say, take the engine out. If it doesn't have an engine you are not required to tax it. I'd personally leave signs in the window though stating there's no engine else they'll have it away mate.

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Old 13-02-2010, 12:47 AM
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Sounds like someone reported the car being there without tax, as that seems an odd place for them to randomly check. As it seems out the way/hidden.

Just stick it on your front garden, as its off the road then and on private property.
Old 13-02-2010, 06:59 AM
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id move it on to private property mate or you'll loose that
Old 13-02-2010, 08:40 AM
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Shredtheibanez
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well the i rent from the council (well it was city council but as of a few months it became a new company that deal with just the homes, leaving the council for everything other than homes). i have to drive it over a curb to get on my front garden. In order to use this as a continuous access i need to have a drop curb added but.. This would be one off access.. right? i wouldn't be parking on it.. Especially if i remove the engine? Right? i know i'm aloud things like skips without any problems..
Old 13-02-2010, 08:44 AM
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Are you sure removing the engine makes a difference? I've never heard that one before.
Old 13-02-2010, 08:51 AM
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lol removing the engine doesn't stop it being a car
Old 13-02-2010, 08:52 AM
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Shredtheibanez
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Originally Posted by DanW@FastFord
Are you sure removing the engine makes a difference? I've never heard that one before.
I'm not sure, i've heard that without an engine and gearbox the vehicle is no longer classed as a motor vehicle. However, they get you done for obstructing the highway (providing you park on-road) same as if you left a skip out, or put a shed up in a car park.
Old 13-02-2010, 08:55 AM
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I would get the car put on your drive way and then you know it be safe as for taking engine they think its just be dumped and tow it away
Old 13-02-2010, 08:58 AM
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no problem driving over the curb, just stick it in the garden, they cant touch it then.
i would also try ringing the council/housing association and find out the boundry of the land you are renting. you will probably find it is the end of the garden so technically you are breaking the law by parking it where it is now.
Old 13-02-2010, 09:01 AM
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There are a few possibilities;

Does the Council road sweeper clean the residents parking area?
If yes then the think they own it and are responsible for it, if approached by DVLA they will confirm it's a public piece of road, expect the clampers.

If DVLA already know it's a public road the clampers would have been yesterday or may turn up today.

If it is classed as a public road and it's not insured you'll probably get a visit from plod as well.

A car has to be Taxed or Sorn, if yours was neither you'd be getting a letter / fine soon, regardless of whether it's on public or private land.

I wouldn't rely on the "No engine no tax" get out.
If it's fully covered with a tarpaulin you may escape DVLA but not the plod.

From DVla;
The maximum penalty for making a false SORN, when the vehicle is actually used or kept on a public road, is £5,000 and imprisonment.

Is the house you live in privately rented or owned and does it say on the rent agreement or deeds that you or the landlord are responsible for maintenance of the parking area?
If it's rented from the Council it'll probably still be classed as a public area.

While you are checking on any /all of the above, get it off the road and onto known private land or sell it quick.
.
.
Old 13-02-2010, 09:10 AM
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ive had a car parked outside the back of my house which is a garage block which has access via the road. The car was literally the other side of the fence to my back garden and i still got done for having it parked on a supposedly public road even though there is a sign as you enter the garage block stating its private land for residents only. Cost me 200 quid in court lol
Best thing to to is get it onto your front garden which you own as your renting it. Cant touch you then.
Old 13-02-2010, 09:11 AM
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not sure what to do really. The renting office is closed till monday, along with Head office. If i park it on my front garden (which is just flat grass) would that even be legal? The DVLA come around all the time, they scanned all the vehicles...

There is never a road sweeper nor a gritter when its icy (however the main road running through my estate gets both).

I hate the laws, its not like i'm driving it! they should have a separate tax for sorning on road, even if its half the price of road tax. if you get caught driving it, you get fined, car crushed and face losing your licence. Why can't it be like that! absolute BS!
Old 13-02-2010, 09:20 AM
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I think the whole sorn thing is just an excuse to make more money off the motorist to be honest pal. The car that i got done for didnt even have an interior in as i was in the process of stripping it out etc. It was quite clear to see that the car wasnt capable of been driven and was tucked right out the way. Wasnt even visable from the road only if you came right to the bottom off the garage blocks and round the corner next to my back garden gate. Just an escuse for the DVLA to rob us of more money lol.
You'll be fine if its in your garden pal. I cut my back fence down and rolled the car inside. Because this is now inside my boundery its not been a problem. Still get the community police officers checking tax discs etc but never had any more problems since rolling it onto my property.
Old 13-02-2010, 09:24 AM
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i guess i could put it onto my garden. I have a back garden but it has a wall up

Quick question, do you rent you home from the local council or privatly?

Also, the DVLA van came around Thursday, so 2 days ago (around 1.30).
Old 13-02-2010, 09:31 AM
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I rent mine private pal but its an ex council house. Other people down the street who rent from the council have done the same thing and put gates on the back of there house to get a car in etc. Dont think the council have a problem with this aslong as everything is re instated when you move out. I even thought about putting the car on my car trailer and parking that in the same place. Technically the car shouldnt need to be taxed as its not on the road but on the trailer but thought this might be pushing my luck abit lol. Put it on your front garden and take the plates off it lol.
Old 13-02-2010, 09:44 AM
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Originally Posted by nobby20
I rent mine private pal but its an ex council house. Other people down the street who rent from the council have done the same thing and put gates on the back of there house to get a car in etc. Dont think the council have a problem with this aslong as everything is re instated when you move out. I even thought about putting the car on my car trailer and parking that in the same place. Technically the car shouldnt need to be taxed as its not on the road but on the trailer but thought this might be pushing my luck abit lol. Put it on your front garden and take the plates off it lol.
Haha! yeah maybe pushing it a little! But hey, they'd find a way of ass rapeing you over it.. i hate uk's law system. Need to get over to america i think...
Old 13-02-2010, 09:58 AM
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Be careful with even putting it in your garden. I own my flat but it's ex council and is therefore lease hold. In the lease agreement it states no motor vehicles are to be kept in the garden. Another guy on my estate got done for rebuilding his scoob in his back garden and the housing association (The lease holders of the land) came and removed it as it breached the agreement.

Nick
Old 13-02-2010, 10:05 AM
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cheers for your post. I'm not sure what to do!
Old 13-02-2010, 10:54 AM
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i have had this befor m8 i keep my car in a big underground carpark as its council owned i have to have tax on the car to keep it down there
even tho i only use it in the summer takes the piss as no fooker can see it apart from the others who got a space down ther
Old 13-02-2010, 11:43 AM
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Removing engine, suspension wheels tyres brakes interior etc does nothing to stop it needing to be taxed if on a public area.
Where dvla go round areas they also have the council(and often police) with them, as it's amazing what the council + law see as private or unenforceable, usually down to local rights under age old bylaws for the occupiers.
tabetha
Old 13-02-2010, 12:00 PM
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sorry i cant help but i'm guessing that moving it now would be quite fruitless as wouldn't the DVLA van have taken pictures as proof same as a traffie warden doe's?

Chris
Old 13-02-2010, 12:03 PM
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Originally Posted by chr
Sorry I cant help but I'm guessing that moving it now would be quite fruitless as wouldn't the DVLA van have taken pictures as proof same as a traffic warden doe's?

Chris
But it will stop repeat offences / fines being recorded.

.
Old 13-02-2010, 12:59 PM
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if the dvla have been round, expect your fine in the post, as your vehicle has been used/kept on a public area.

your council may have issues with it being kept in your garden, it depends on thier policies, i was asked to move an untaxed vehicle from my driveway, parking in your garden, with no hard standing and no dropped curb, will only lead to more problems i reckon
Old 13-02-2010, 04:24 PM
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the dvla usually instantly just clamp it as they carry clamps inm those transits with anpr on them
Old 13-02-2010, 10:24 PM
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I've done some research and apparantly they clamp it, give you 7 days, impound it (which is an addition of £50 a day) for 14 days then crush it. I'll be moving it tomorrow, which is a sunday. They shouldn't be clamping or towing on a sunday, i'll pop it on private property and say it was trallered. I have also put a sign in it saying being taken to scrap yard on monday. We will have to see, will keep you posted.

Ryan
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