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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I live in a private road,owned by the local brewery and we

Customer Question

I live in a private road,owned by the local brewery and we pay for maintenance of our section of the road. My son has a sorned off landrover parked in front of our property and the DVLA have informed us that we have a vehicle parked on a public highway and have to pay a £405 fine. The road is a cul de sac and our property is is right in the corner. Is this correct?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Just to clarify, the vehicle was not parked on your property please?
Customer: replied 3 years ago.

No on the private road our property is on

Expert:  Jo C. replied 3 years ago.
And that was definitely during the SORN period?

Does the DVLA summons relate to a period outside of the SORN one?
Customer: replied 3 years ago.


Yes during the sorn period. No they accept it is during the sorn period

Expert:  Jo C. replied 3 years ago.

Thanks.

Is this road accessible to members of the public?

Would a member of the public have any reason to be there in their capacity as a member of the public - e.g a thoroughfare to another road?
Customer: replied 3 years ago.

Only if they are visiting or delivering to one of the 10 properties. No a member of the public would have no reason to be there, there is no thoroughfare to another road and no foot paths. It is a private cul de sac There are only our properties most of which back on to the river.

Expert:  Jo C. replied 3 years ago.
On the face of it then I do agree with you.

This is clearly not a public road on the facts that you present. Its not even a public place. 'Public place' has been defined many times by the Court but basically it means any location that can be accessed by any member of the public without exercising any particular licence.

If you are saying that the only reason a member of the public would need to be there is that they were a lawful visitor of one of the properties within then that is a private place.

It might be that they don't accept that this is unadopted road. You might need to get the confirmation of that from the council.

Obviously though if you take this to court and lose then you do face a much higher costs order against you but, if the facts are as you say, I do think you have a good chance.

Can I clarify anything for you?

Jo
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.



We do have documentary proof that the road is private. also we have to pay for its upkeep,repair etc.Thank you for confirming what i think we already knew but got a bit panicky about having received the notification from DVLA. It is interesting that there are currently two other sorned off vehicles in the road, one belonging to a student who has sorned it off while she is at uni and one belonging to a neighbour, a classic which he is restoring - why pick on us?!

Expert:  Jo C. replied 3 years ago.
Well, they are inconsistent over things like that!

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.