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Is a designated residents parking space 'off the road'k

Discussion in 'Motors' started by Skeeter, Mar 28, 2012.

  1. Skeeter

    Caporegime

    Joined: Mar 8, 2007

    Posts: 37,135

    Location: Surrey

    Would my designated parking space for my flat be considered 'off the road' in the context of putting a car there that is SORN'ed?

    The space is listed as part of the complete property that my landlord owns, and is therefore listed in our tenancy agreement as land we rent, so it seems to be the same as a driveway on a house? It's in a residents only parking area but is not cut off from the road by any sort of gate, but again this is no different to a driveway.

    If its owned by my landlord (and rented by me) does that remove it from being part of the public highway and therefore means a car without tax or insurance can be parked there without penalty?

    Edit: and can a mod please change the random K in the thread title to a ? please? Typing on a phone fail.
     
  2. Vince

    Mobster

    Joined: Oct 30, 2003

    Posts: 4,378

    Location: Essex

    Certainly is private property at my flat if that is any help.
     
  3. Disco Boy

    Soldato

    Joined: Aug 4, 2009

    Posts: 5,294

    Location: Chester/Oxford

    Need pictures...
     
  4. dfarrall

    PermaBanned

    Joined: Nov 21, 2010

    Posts: 2,315

    Location: Newton Aycliffe

    Street view so we can see?

    Hard to say without seeing, as it could go either way judging by the description.
     
  5. Skeeter

    Caporegime

    Joined: Mar 8, 2007

    Posts: 37,135

    Location: Surrey

    Can't street view as the car park is around the back of the building. I'll grab a shot of Google Maps though.
     
  6. alexisonfire

    Mobster

    Joined: Sep 8, 2005

    Posts: 3,674

    Location: Chichester

    Don't you have to insure a car regardless or tax/sorn now? Swear i heard something about that...
     
  7. Skeeter

    Caporegime

    Joined: Mar 8, 2007

    Posts: 37,135

    Location: Surrey

    [​IMG]

    Green dot is the space accessed off the main road through an arch under the coach house where the red arrow is.

    If a car is taxed it needs to be insured. I can't just suspend my insurance and keep it taxed and leave it on the road. I would have to SORN it too which then requires me keeping it off the road. Its an all or nothing thing now.

    But its the fact the land appears to be owned by my landlord which makes me think its not public highway?
     
    Last edited: Mar 28, 2012
  8. Clarkey

    Capodecina

    Joined: Oct 18, 2002

    Posts: 17,686

    Location: Wolverhampton

    Inside a courtyard? Yeah that's definitely off the road.
     
  9. PistolPete

    Mobster

    Joined: Sep 6, 2008

    Posts: 3,996

    Location: By the sea, West Sussex

    If your vehicle is not SORN'd, it must be insured even if it's off the road.
    Basically, if it has tax then it must be insured.

    As to the OP's question - "A public road is a road maintained at the public expense, including grass verges and ground adjoining the road".
    Best ask the local authority if they maintain it or not.
     
  10. Alibaba99

    Wise Guy

    Joined: Jun 29, 2004

    Posts: 2,105

    However, a private road or carpark to which the public will expect to be able to access (ie roads which haven't been adopted or supermarket carparks) also require a car to be taxed and insured.
     
  11. blueboy2001

    Mobster

    Joined: Oct 18, 2002

    Posts: 4,730

    It is off the road, but it may be considered to be a "public place" as members of the public have access (eg. visitors to the flats). You are required to have insurance if the vehicle is in a public place under the Road Traffic Act.
     
  12. dfarrall

    PermaBanned

    Joined: Nov 21, 2010

    Posts: 2,315

    Location: Newton Aycliffe

    I agree, definatly off the road.

    I wouldnt be happy leaving it though as if anyone backs into it ect im not sure what the consequences would be due to it being accessable by anyone.
     
  13. Skeeter

    Caporegime

    Joined: Mar 8, 2007

    Posts: 37,135

    Location: Surrey

    This is where my confusion is. Theres nothing to stop the public accessing a lot of areas (like drive ways) that are not part of the highway. How does this space differ?
     
  14. alexisonfire

    Mobster

    Joined: Sep 8, 2005

    Posts: 3,674

    Location: Chichester

    A drive way is private property, they do not have permission to go on it. Am I imagining reading that a car, even when sorn, has to be insured now?
     
  15. Skeeter

    Caporegime

    Joined: Mar 8, 2007

    Posts: 37,135

    Location: Surrey

    But if my landlord owns that space and I am renting it, does that not make it private property too? The public have access to the pavement around it and the rest of the car park that isn't spaces, but is the space itself not private?

    A SORN'ed car does not have to be insured. A Taxed car does. It's the Taxed bit that's changed. Until recently you could have a taxed car parked on the road without any insurance. In the governments drive to prevent uninsured drivers they changed the rules. What they have actually done though is just make selling a car a right pain.
     
  16. lord filbuster

    Wise Guy

    Joined: Jul 7, 2007

    Posts: 1,319

    Location: Bristol

    A car that is taxed must be insured. If it is sorn it doesn't matter. You used to be able to keep a taxed car without insurance as long as you didn't drive it.

    If it is a car park with only resident's parking, I'd expect it to count as off the road.
     
    Last edited: Mar 28, 2012
  17. blueboy2001

    Mobster

    Joined: Oct 18, 2002

    Posts: 4,730

    Not sure on the legal position (there probably isn't one, it would be for a court to decide I suspect), but as I see it the difference between a driveway and a residents parking area being a public place is one of control of the land and who is allowed on it.

    On a driveway the owner has ultimate control of who and what comes onto their property. A residents parking area is not directly under the control of any individual - other residents can access the area, as could visitors if there are visitor spaces.
     
  18. ZG002

    Sgarrista

    Joined: Jul 22, 2004

    Posts: 9,924

    Location: Up north in Sunderland

    I'd happily leave a SORN'ed car in that space.
     
  19. Skeeter

    Caporegime

    Joined: Mar 8, 2007

    Posts: 37,135

    Location: Surrey

    The area they have access too, but the specific confines of the space are mine (my landlords). I don't have a space 'somewhere' in the car park, I have a specific single space, and not any old space labelled so, but a specific space detailed within our tenancy contract and my landlords mortgage. Parking anywhere else would be parking on someone elses land, like parking on someone elses drive?

    It seems a bit confusing.

    At the end of the day its out of sight of everyone except the few other residents and visitors. If it is a problem to park it there then it would take one of those few people to notice and report it before anything happened.

    On an interesting side note, my work office is in a residential block so we have 2 carparking spaces in a residential area. Its exactly the same setup as my flat. A car park with designated spaces for each individual flat/office. The only difference is there is a gate with a code to get in. I assume this is definitely private?
     
  20. billysielu

    Sgarrista

    Joined: Aug 9, 2009

    Posts: 8,016

    Location: Oxfordshire

    nobody's gonna check it there, so it's harmless.
     


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