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What is a public road?

Discussion in 'General chat / Off Topic / Social' started by CavBayBen, Jan 4, 2017.

  1. CavBayBen

    CavBayBen VxON's only German Shepherd

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    so first off! Hi it's been ages. However as you guys used to be very knowledgeable I figured I'd ask in here because I'm totally stuck.

    Long story short. I have a car that is declared sorn sat on a road outside my house. Now I believed this road to be a private road given that myself and the residents here have to pay money to maintain it. However the car has been clamped and some gaudy stickers saying it's not taxed applied all over the car.

    So now I'm not so sure if it counts as a public road or not. I've checked the local council website and it's not maintained by them, there's no yellow lines or road signage down it. It used to be part of the mod land but was sold off about 15 years ago and developed, hence why we maintain it.

    Does anyone know if I have grounds to tell the council they have made a mistake or am I up sugar creek for non taxed car on a public road?

    Cheers in advance
     
  2. carlos

    carlos CavWeb Hooker

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    Ask the Highway Authority - may be the County Council, or the District Council. They will have records showing whether the road is adopted or not. I work for highways and this is a relatively common request. Unfortunately, I'm not in your neck of the woods, otherwise I'd be able to help you out.

    Land Registry may show who owns the road, however, highway rights overrule land ownership - so the council doesn't necessarily own the land that the highway is on.
     
    CliffSE, Fred Bassett and Louie' like this.
  3. edessex

    edessex Mud Lover

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    Does the road turn into a byway or bridleway? If so, then its a public right if way.

    If not, then as said you'd have to ask Council...
     
  4. CavBayBen

    CavBayBen VxON's only German Shepherd

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    Indeed, but surely being a public right of way doesn't mean sorn cars can't be parked there since private land can still be a ROW?
     
  5. Alan G H

    Alan G H Well-Known Member

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    Firstly, it will probably have been clamped by DVLA contractors, not the council, so they should be your first point of contact. Did they not leave some paperwork stuck to the screen, with contact details?
    As to the definition of a highway, my understanding is that any area to which the public have access can be classed as a highway. Thus, this private estate road could still be classed as a highway. This could be wrong (I am by no means an expert on this), but I think you may need to seek legal advice.
     
  6. vecboy

    vecboy Well-Known Member

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    does the road have tarmac or just like a trac road,as were i live my road does not have tarmac cops can't do jack i have a car sat on the grass lookin on to the main road and they can't touch it,it's not taxed or insured an mot is out the cops hate it when they go past knowing cant touch me.
     
    Fred Bassett likes this.
  7. carlos

    carlos CavWeb Hooker

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    This might be of use...

    https://www.whatdotheyknow.com/request/wheel_clamping_operators_and_tow

    Although slightly out of date - they refer to showing a valid tax disc - it does say that a vehicle that is SORN can't be clamped etc when on associated land - driveway, dedicated parking spaces.

    So, it might not matter whether it's highway or not - SORN vehicles should be kept on a driveway or equivalent.
     
    Fred Bassett likes this.
  8. derkins

    derkins Dammit...driving the world's most boring car VxON Club Member

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    Lifted this from a forum regarding somebody wanting rid of a parked car... Just take the opposite side.

    "In terms of tax this doesn't seem to be a public road by the definition of the road traffic act so nothing there. In terms of the insurance and MOT this would apply on a 'private road' as these parts of legislation apply to any road or other public place (somewhere the public can access)."

    So maybe they got you for the MOT / SORN and related insurance?

    "You mentioned maintenance payments. Are these to a residents committee or factor? They may have the power to act under the title deeds. Thats moving into the realms of civil law..."

    As said, phone 'em and see what their deal is...And if you can fix it!

    I know it's a pretty big offence to remove a DVLA clamp...but dunno about moving the car with it on back to your driveway?
     
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  9. edessex

    edessex Mud Lover

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    Does it turn into a byway or similar then?

    Some byways are on private land, some are 'council' owned.

    Have you established for definite that it is private land?
     
  10. vexorg

    vexorg Well-Known Member

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    There are some common sense rules that apply (in scotland anyway), where the road laws apply is you can easily drive and park there. Like a Tesco car park, it may be privately owned by Tesco, but you still need to follow all road laws when there.

    You'll probably find to claim it is private then you need clear signs stating that, or some means of gate or barrier to keep people out.
     

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