DVLA Clamped Me !!

[BlackBox]

I've been away from home for a few days and come back to find my people carrier has been clamped for no road tax.

Called the office and explained the vehicle is on private land, they say it's the public highway but it's not, it def belongs to a local farmer and I have his permission to park on his land. In fact everyone uses it as a car park.

The DVLA say the vehicle has to be parked on my own land or they can clamp it .... I can't find anything to support this? All I can find is that it must be kept off the public highway if not road legal.

Anyway, I've been meaning to scrap it for some time, so I told them to come and get it and take it away. They want me to sign a disclaimer which I agreed over the phone.

The thing is, they have backed me into a corner and I'm not sure that they can do this?

[steven]

Re: DVLA Clamped Me !!

DID they just clamp it? or send you a letter? have you been find?
Did they have permission to go on the private land if so can they prove it? If not are they not tresspassing is that not ilegal?
If no letter or fine cut the f##king clamp off.

[richie00boy]

Re: DVLA Clamped Me !!

If you were going to scrap it anyway, no big deal really as long as they won't fine you. However, if you wanted the vehicle, surely the farmer who owns the land could issue a trespass notice against the clampers? Then the clamp would be void.

[BlackBox]

Re: DVLA Clamped Me !!

They shoved a card through my letter box, nothing nominating the vehicle or myself. No letters or notices ....

[BlackBox]

Re: DVLA Clamped Me !!

Just called them, they say they have the power to enter any property without the landowners permission and do not need to inform anyone ... they have a government license that allows them to do this ...

Surely this can't be right ...

I then questioned the fact that I have not received any notification other than a generic card through the letterbox ... they said they don't even have to issue the card ... their contact number is on the clamp ....



So Guys, watch yourself with your cars off road ..... cos I can't see a way out of it .... even your driveway is not a safe place from what I've just been told ...

[BlackBox]

Re: DVLA Clamped Me !!

The way they are getting around my particular situation is that other people use the area to park cars .... so legally it's a public place even though it's privately owned,

So if you share a lockup with others it's fair game to them ... yes I asked .... and that was their reply ... you have to park on land you own and is not shared by others ... that includes other members of your household ...

Sounds like bull to me ... but .... well I gave them 24hrs to remove the clamp or I'll remove it .... reply was "we'll take you to court for damage of our property".

[easytrans]

Re: DVLA Clamped Me !!

If you are going to scrap it ... Then what "I would do" is go out there unbolt the top and bottom wishbones drag the car to one side leaving the wheel and clamp in place (untouched) pop the rest up on blocks remove that three other wheels then see what they do !!


Probably more effort than its worth but that would be my approach ........ (mind you I'd use the gas cutter to remove the hub and wishbones, then take everything else to get weighed in) just leaving them with a wheel , hub and clamp sitting there! ... I assume you did not have it SORN'd and had ignored the notifications regarding the £200 fine for not being registered as SORN?



Laurie.

[BlackBox]

Re: DVLA Clamped Me !!

Yes it's sorned ... but the law says it has to be kept on your own land which you have the title deeds for which nobody else uses.

I wasn't aware of this? Till now ...

[richie00boy]

Re: DVLA Clamped Me !!

Seems crazy, what's to stop them breaking into garage blocks you rent off the council and picking on all the sorned cars. I'm all for getting scumbags that don't sorn or tax their car, but it seems to be going a bit far.

I think the bank has the title deeds to my house? So are DVLA allowed to come up my drive and clamp the sorned car on it if I'm sharing with a partner?

[BlackBox]

Re: DVLA Clamped Me !!

TBH I don't know mate ... I've hit a brick wall at every angle .... they are taking it away tomorrow ...

Yes they can clamp on your own drive, do a google and you will find examples ...

They don't check if it's sorned or not, just that it has no tax disk and is in a "publicly accesable place" very loose term and they seem to be stretching the boundaries of this.

But the government site does say it has to be on your own land which you have the title deeds for, ie not rented or in kind .... I assume this is to clear up the council estates ... like I said "loose terms"

[tjshill82]

Re: DVLA Clamped Me !!

Sounds like a complete farce. If it's off the road and not in use I can't see a problem!

[mark2]

Re: DVLA Clamped Me !!

Sounds to me like some carrot cruncher up there has phoned it in Darren, i mean what are DVLA representatives doing walking the streets of Blaenau? Or a local bobby has spotted it! What a joke.

[RallyMarshal]

Re: DVLA Clamped Me !!

2 schools of thought here.

1 - its a public place as the public has "free access" into the land without fences, lockable gates etc

2 - According to http://www.direct.gov.uk/en/Motoring...icle/DG_069727 "A public road is a road maintained at the public expense, including grass verges and ground adjoining the road. "

However, the legal statute is at http://www.legislation.gov.uk/ukpga/2008/9/schedule/45 - Finance Act 2008

Essentially it says that if the public has access then its not private. However (and I quote)

"This Schedule does not apply to—

(a)any place which is within the curtilage of, or in the vicinity of, a dwelling-house, mobile home or houseboat and which is normally enjoyed with it, or

(b)any place which is within the curtilage of, or in the vicinity of, a building consisting entirely (apart from common parts) of two or more dwellings and which is normally enjoyed only by the occupiers of one or more of those dwellings.”

So they cant come onto your land / driveway to clamp (under a) and they cant clamp in the carpark of a block of flats (under b) but in your case, they probably can clamp as its publically accessable and isnt covered by a or b above.

Paul..

[matty0785]

Re: DVLA Clamped Me !!

cut the clamp off. in scotland the dvla or agency cant clamp or enter onto private land and you can prosecute them for trespass i have done this and also sent them a well worded letter saying i was charging them per day for storage of there clamp safe to say the dvla never collected it so it comes in handy for the caravan

[BlackBox]

Re: DVLA Clamped Me !!

Sorry lads, I'd love to play hard ball here, but it states quite clearly on the Gov site that they can enter private land ... even private car parks owned by companies or otherwise.
This includes where you work ... !!

It has to be parked on land you own with no public access, ie behind locked gates ... and mine wasn't ....

I can't believe even rented industrial units are not safe ... but they aren't .... no-where you rent to keep your car off road is safe from these twats ...

Game over ...