DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Speeding and other criminal offences
*****************************************************
#Post#: 76481--------------------------------------------------
SORN penalty notice for vehicle parked in residential car park
DIR By: Rolo519
Date: June 14, 2025, 1:22 pm
---------------------------------------------------------
Hi everyone, Im hoping for some advice please. I've received a
letter from DVLA fining me for a vehicle that is registered as
SORN and parked off the road in a council owned residential car
park. The car park is not tarmac and does not have bays so I'm
unsure where I stand. I honestly thought I was parked
legitimately off road. The vehicle has MOT and currently listed
for sale. Sorry if most of this information is irrelevant, I'm
just at a loss on why my vehicle has received a charged and a
neighbours car (also SORN) hasn't.
[attachment deleted by admin]
#Post#: 76579--------------------------------------------------
Re: SORN penalty notice for vehicle parked in residential car
park
DIR By: Sander333
Date: June 15, 2025, 11:45 am
---------------------------------------------------------
This is a problem for you as you indicate the area is maintained
by the local council if this area is maintained at public
expense then you will have difficulty disputing the fine.
#Post#: 76582--------------------------------------------------
Re: SORN penalty notice for vehicle parked in residential car
park
DIR By: Raykay
Date: June 15, 2025, 12:12 pm
---------------------------------------------------------
If the car park is not considered to be a 'Public Road', the
SORN declaration would be valid.
The Road Vehicles (Registration and Licensing) Regulations 2002,
Schedule 4,(2),(iii).
#Post#: 76585--------------------------------------------------
Re: SORN penalty notice for vehicle parked in residential car
park
DIR By: 666
Date: June 15, 2025, 12:24 pm
---------------------------------------------------------
--- Quote from: Sander333 link ---
>
> This is a problem for you as you indicate the area is
maintained by the local council if this area is maintained at
public expense then you will have difficulty disputing the fine.
>
--- End Quote ---
Are you sure?
The law refers to "a road which is repairable at the public
expense". A car park is not a road, regardless of who repairs
it.
#Post#: 76589--------------------------------------------------
Re: SORN penalty notice for vehicle parked in residential car
park
DIR By: Dave Green
Date: June 15, 2025, 1:20 pm
---------------------------------------------------------
--- Quote from: 666 link ---
>
> [quote author=Sander333 link=topic=6802.msg76579#msg76579
date=1750005953]
> The law refers to "a road which is repairable at the public
expense". A car park is not a road, regardless of who repairs
it.
--- End Quote ---
It may well be. Although there is no definition or
interpretation of what a road is in the Road vehicles
legislation, the courts may well go by this definition:
HTML https://www.gov.uk/guidance/the-highway-code/annex-4-the-road-user-and-the-law
--- Quote ---
> It is important to note that references to ‘road’ therefore
generally include footpaths, bridleways and cycle tracks, and
many roadways and driveways on private land (including many car
parks). In most cases, the law will apply to them and there may
be additional rules for particular paths or ways. Some serious
driving offences, including drink-driving offences, also apply
to all public places, for example public car parks.
--- End Quote ---
#Post#: 76590--------------------------------------------------
Re: SORN penalty notice for vehicle parked in residential car
park
DIR By: Sander333
Date: June 15, 2025, 1:22 pm
---------------------------------------------------------
As I understand it a car park can be considered a road in
certain circumstances taking that into account then if in this
instance if that be the case the DVLA have issued a penalty for
no reason then the OP should challenge the DVLA and see what the
outcome will be either NFA or a court hearing if it goes that
far with a NG plea.
#Post#: 76592--------------------------------------------------
Re: SORN penalty notice for vehicle parked in residential car
park
DIR By: Raykay
Date: June 15, 2025, 1:37 pm
---------------------------------------------------------
'A car park is not a road' - House of Lords 1998 - Clark (A.P.)
and Others v. Kato, Smith and General Accident Fire & Life
Assurance Corporation PLC Cutter v. Eagle Star Insurance
Company.
It led to the ammendment of the Road Traffic Act 1988 to add 'or
other public place' after 'Road' in some cases. There is no
mention of 'Other Public Place' in the relevant part of The Road
Vehicles (Registration and Licensing) Regulations 2002.
#Post#: 76599--------------------------------------------------
Re: SORN penalty notice for vehicle parked in residential car
park
DIR By: Sander333
Date: June 15, 2025, 3:16 pm
---------------------------------------------------------
Therefore if the DVLA believe this is the case the onus is on
them to prove it is the case. As the saying goes you pays your
money and takes your chance.
*****************************************************
Page 1 of 1