Author Topic: SORN penalty notice for vehicle parked in residential car park  (Read 1209 times)

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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.

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« Last Edit: June 14, 2025, 07:27:00 pm by Rolo519 »

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Re: SORN penalty notice for vehicle parked in residential car park
« Reply #1 on: »
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.

Re: SORN penalty notice for vehicle parked in residential car park
« Reply #2 on: »
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).
« Last Edit: June 15, 2025, 06:14:56 pm by Raykay »

Re: SORN penalty notice for vehicle parked in residential car park
« Reply #3 on: »
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.

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.

Re: SORN penalty notice for vehicle parked in residential car park
« Reply #4 on: »
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.
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:
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.

Re: SORN penalty notice for vehicle parked in residential car park
« Reply #5 on: »
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.

Re: SORN penalty notice for vehicle parked in residential car park
« Reply #6 on: »
'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.

Re: SORN penalty notice for vehicle parked in residential car park
« Reply #7 on: »
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.