Parking on grass verge

[David h]

My vehicle was sorn and parked on the grass verge outside my house because I was waiting to get it scrapped and collected. Dvla parking firm clamped it as it was illegally parked. I phoned them and they said that there would be no fine and they would collect and scrap it for me. Dvla Swansea now want 383pounds because it was on public highway,even though it was on grass verge. Is this correct. Thanks dave.

[Kati]

Re: Parking on grass verge

tagging [MENTION=71570]R0b[/MENTION] ... any ideas??

[R0b]

Re: Parking on grass verge

I think this issue has been raised before, usually public highways can include grass verges, especially if it is maintainable at the public expense (as per the Vehicle Excise Act 1994 I think?). For example on a country road it may be from hedge to hedge and anything in between including the road and grass verges.

I take it you didn't get confirmation in writing that they wouldn't take any further action against you? If there's ever a potential dispute or issue then always get it in writing, trying to argue something based on a telephone call is much harder to prove. If someone isn't willing to put it in writing then that should ring alarm bells.

Have you responded to them? Perhaps you may want to issue a SAR request and ask for a copy of the call if it was made recently and that may possibly assist you. Otherwise it's a case of checking the land registry to see if the land is privately owned or not - if it is, then the DVLA probably had no right to clamp it and take it away or even ask for a charge from you.

I'll try and see if I can find the previous thread that discussed this issue or perhaps @des8 or @ostell can comment further and refresh my memory

[David h]

Re: Parking on grass verge

Thanks Rob. It was a private parking firm working for dvla who said there would be no charge and dvla Swansea who got in touch later with the fine.

[Kati]

Re: Parking on grass verge

I'll try and see if I can find the previous thread that discussed this issue

this one?? http://legalbeagles.info/forums/show...whilst-on-sorn

[R0b]

Re: Parking on grass verge

Thanks Kati, that looks like the one.

David are you able to shed some light on where the car was parked, was it outside your home or somewhere else?

[des8]

Re: Parking on grass verge

The extent of the highway is normally hedge-to-hedge. Lanes and rural roads often have wide grass verges but these are as much part of the highway as the Tarmac.
These verges, (or roadside waste) are often part of the highway, and if maintained by the council almost bound to be.
If the public have access to the verges and use it for passage the presumption is that the land has been dedicated as part of he highway, and once a highway always a highway

[David h]

Re: Parking on grass verge

Hi kati. It was parked outside my house on opposite side of road on verge between a school fence and the road.

[mahesh150]

Re: Parking on grass verge

take it you didn't get affirmation in composing that they wouldn't make any further move against you? In the event that there's ever a potential question or issue then dependably get it in composing, attempting to contend something in view of a phone call is considerably harder to demonstrate.
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[primetours]

I think this issue has been raised before, typically public highways will embrace grass verges, particularly if it's rectifiable at the general public expense (as per the Vehicle Excise Act 1994 I think?). as an example on a rustic road it should be from hedge to hedge and something in between as well as the road and grass verges









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[LisaPullman]

It's absolutely wrong. I don't think that you should pay for anything.

[MIKE770]

this is an old thread

[mellisa_ww]

Thank you for info

[Huxie]

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