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untaxed vehicles on residents car park

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santan | 19:56 Sat 01st Oct 2011 | Law
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We live in a rented flat with a residents car park. Allocated spaces plus room for visitors. Someone has moved into a flat and appears to be selling used cars and parking them in 'visitors spaces'. At the moment he has 4, 2 of which are untaxed. Should he be running a business like that?
What is the legal situation re tax?
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I don't think tax matters here, as they aren't on the road and it is a private car park.
'Visitors' is loosely termed, I would imagine.
It may be a bit of a cheek .. but that is a 'residents' matter, not a matter of law.
I doubt he is using the car park as a forecourt .. right?
Blooming cheeky sod tho!!!
If he's a registered dealer he doesn't have to SORN them or tax them if they are "in trade".
Parking them in visitors spaces is a bit cheeky though. I'd have a word with the leaseholder if I were you.
I would complain to the management, using allocated parking could cause problems for the residents. It isn't fair on you, and surely not allowed under the tenants agreement. Regarding tax, he should be OK as they are all off road, but I think the untaxed ones have to be registered as such. DVLA will have a record of SORN vehicles. The Police could possibly help you there.
Is he allowed to run a business from the flat, I'd check the lease? Car park spaces are like gold round here and we had someone do exactly the same much to the considerable irritation of other residents. Many complained to the managing agent and to the owner of the flat and the miscreant's lease was not renewed after the initial 6 months. Damn cheek, not a good way to ingratiate yourself with your new neighbours.
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I don't know but you have just reminded me that I haven't changed my tax disc today.. Thank you lol xx
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I think your best bet is the 'running a business' approach. Different HAs may have different rules about SORN. Contact your council.
A vehicle has to be SORN'd or taxed, even in a private car park (there are a few exceptions, not many).
If he's a dealer the vehicles must be on the business property or display trade plates.
If he is running a business from residential property he must have the consent of the council and the landlord.
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thanks for your feedback. I think the first thing w'ell do is contact the landlord then take it from there.
thanks again for help.
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Something like this happened to me some yars ago. I applied to the council for a reduction in council tax, since instead of living in a residential area I was now living in a commercial area, and my surroundings were being adversely affected, to the detriment of my "quiet enjoyment".
The unregistered business was stopped in days.
Also - please refer to Trading Standards, as many of these vehicles may be insurance write-offs, and should not be on sale at all, as any buyers will not be able to get insurance.
Definitely check your lease as some have specific provisions for car parking, especially if car parking spaces are allocated eg what can and cannot be parked there - must be taxed, insured, no commercial vehicles etc... There may well also be provisions about not running a business from the premises, at least without consent. It is possible there are also specific provisions about the visitor spaces so you can potentially rack up his breaches of the lease.

His premises are, I imagine, just his flat and maybe parking space (unless he has just a right to use the parking space) with the other land (common parts like hallways, stairs...) being the landlord's over which he just has a right of way which I doubt includes parking cars for sale so he is effectively running a business on someone else's land!

Could you make a log of vehicles there and length of time, tax status etc... and maybe get photographs without causing problems?

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