Is A Visitors Parking Space Part Of A Public Highway?

[Frankieola]

Wondered if someone could help me with this.
I live in a rented property on a new build estate, my house comes with 2 allocated parking spaces and there is a visitors space also for other people to use.
My question is, who is responsible for the visitors parking space and is it a part of the public highway?
The reason for asking is that a vehicle was clamped whilst in the parking space for not having been taxed by the DVLA, they said it was part of the public highway but i don't think it is? The vehicle is nothing to do with me but I'm just wondering could they clamp vehicles in an off road parking space if they wanted to.
Any information would be appreciated, Many thanks.

[hc4361]

Apparently the DVLA can clamp on private land.

"f you are clamped on private land by someone claiming to be from a private company, this is illegal. In exceptional cases, the police, the local authority or the DVLA can do this, and then only with good reason in certain circumstances. Your car may be clamped or removed from private land to avoid a blockage to the road, to ensure road safety or to make sure drivers have paid their insurance and tax."

https://www.citizensadvice.org.uk/scotland/consumer/transport/driving-and-parking/wheel-clamping-s/when-your-car-can-be-clamped-or-towed-away-s/

In any case you should contact the builders to determine who does own that parking space in case of problems in the future

[hc4361]

You may find this interesting, particularly 7.2; 7.3 and 7.4

http://www.legislation.gov.uk/uksi/2008/2266/pdfs/uksiem_20082266_en.pdf

Effectively if the vehicle was parked on your parking space the DVLA could not clamp or tow, but on a parking space not allocated to a private dwelling, they can

[Peter Pedant]

I know if it is off point
but you have to be pretty thick to drive a car without tax

ANPR is now quite efficient and is partially why we were spared the gay paree massacre ( CCTV all over the place ) - the system that tracked the London bombers via motorway to Manchester - the next day they concluded £6 bn sales - every tin pot dictator shouted: "I want one of those !"

[jackthehat]

I don't know if this is of any help, but it is similar....

http://www.northamptonchron.co.uk/news/local/exclusive-dvla-returns-untaxed-cars-across-northampton-after-wrongly-towing-them-away-1-6966431

[New Judge]

It is arguable whether the bay is part of the "public highway". It would almost certainly be deemed "a road or other public place" for the puposes of much of the Road Traffic Acts but that is not the same thing. However I do not believe the issue of whether the bay is part of the public highway is relevant.

A vehicle must either be taxed or declared off-road (by means of a Statutory Off Road Notice - a "SORN"). If it is neither, or if it is SORNed but is being used or kept on a public road it is liable to be clamped. The owner has 24 hours to pay for the release. At the same time he has to either tax the vehicle or pay a surety (up to £700 depending on the vehicle type). Failure to do this will see the vehicle removed and possibly destroyed.

There seems to be no restrictions as far as I can tell as to where this clamping can take place. It is carried out by the DVLA (or its agents) and so is not subject to the ban on clamping on private land by private parking contractors which was introduced in 2012. The purpose is to enforce the Vehicle Excise regime by immobilising and ultimately confiscating the vehicle and it would be a fairly useless instrument if such action should could be avoided by moving the vehicle to a "private" parking bay.

[New Judge]

I forgot to add that I’m not sure the Northampton matter kindly provided by Jack is the same thing. What is not clear is the status of the vehicles involved. If they were untaxed but had also not been SORNed they may have been ripe for picking (all vehicles must be one or the other). It seems they were not taxed, but it is not clear whether or not they had been SORNed. If they had then the issue is the status of the lad on which they were left and the DVLA belatedly decided the concrete standing was private land. This may be the same case in the situation described by Frankieola (i.e. the vehicle had neither been taxed nor SORNed).

In short I believe the situation is this:

Is the Vehicle taxed? No. Is the Vehicle SORNed? No. Then the vehicle is eligible to be clamped (wherever it is).

Is the Vehicle taxed? No. Is the vehicle SORNed? Yes. Then the status of the place it is kept becomes the issue. If the land is part of the public highway the vehicle may be clamped, if it is not it may not. (I believe this solution would also apply to vehicles that had been SORNed but had been witnessed being kept or used on the highway).

However, I’m not 100% sure of this as I cannot readily find the legislation. If I get time I’ll do a bit of digging.

[Dogsbody2]

I think your summary is excellent, NJ, except I believe the following is true:

Is the Vehicle taxed? No. Is the vehicle SORNed? Yes. Then the status of the place it is kept becomes the issue. If the land is part of the public highway OR the land is part of that to which the public normally has access, (for example, a retail park) the vehicle may be clamped, if it is not it may not.

[New Judge]

Yes, thanks for that addition, dogsbody. You cannot, of course, SORN a vehicle and then leave it in Sainsbury's car park (even if Sainsbury's allow you to).

[EDDIE51]

One point which I was asked about years ago , if a car is SORN but is on a trailer and the trailer is in a public place is that legal?
A trailer does not need road tax and a car on a trailer is not 'on the road' it is just a load on a trailer. Or let us suppose the trailer is a closed trailer so that the car can not be seen but is still there, is that legal?

[Dogsbody2]

I think the answer to that, Eddie, is if the trailer is connected to a taxed and licensed vehicle, then OK.
But you can't go leaving a trailer willy-nilly all alone on the public highway??

[EDDIE51]

People round here leave caravans and trailers in parking areas all the time, they are not hitched to a vehicle. There is a trailer outside my house now it has been there for at least 5 years, the owners use it as storage space.The police drive past it every day but take no notice, last month the DVLA came round in a van marked ' Road Tax / Insurance check' but just ignored it.
It has no number plate on it. It is big enough to hold a car ,I know there is not a car in it but there could be.

[Dogsbody2]

By a 'public place', are you talking about the public highway or what was discussed earlier - a place to which a road vehicle has access? Maybe the latter.

[EDDIE51]

The trailer is just at the side of the residential road in a lay by parked as though it was a car, as I said it has been there at least 5 years.

[Baldric]

Eddie, why don't you just report it instead of moaning about it, and see what happens?

[EDDIE51]

The police / council drive past it several times a week but do nothing.
I was wondering if you could store a SORN car inside or on a trailer that was parked on a public road. The car itself would not be 'on the road' and trailers are not motor vehicles so do not need tax or insurance.(or so it would seem from this one near me)

[Davemano]

Eddie - just do as Baldric says and report it to the local authority. Speak to someone connected with the Civic Amenities as they have power to take action in matters like this. It is no point saying that the Police and local authority drive past it and do nothing, it is purely a Civic Amenities issue and they will deal with it once its reported.

[hc4361]

You cannot park an unhitched trailer or caravan on the public highway. A skip or skip bag has to have a permit/licence and lights to be parked on the road or pavement otherwise it is an obstruction and there is a fine of up to £1000.

As you say, Eddie, a car on or in a trailer is not on the road for the purpose of road tax.