Already clamped but now being taken to court! Am i right?

[Raykay]

I am glad to see we agree (despite some unclear/ambiguity earlier)

It still leaves open the validity of anyone's claims to be responsible, in the eyes of DVLA and/or Magistrates. Anyone can print letters.

.

 

I'm glad you now understand, it was taking the OP's problem off course.

 

If DVLA did not accept the letter from the housing association, it would be up to them to prove to the court that the road was a public road, if they couldn't, (which could be difficult in the OP's case) the OP will be found not guilty.

 

The problem is that the DVLA contractors can make 'mistakes' in the status of roads, and DVLA initially side with them until it is shown they were wrong.

[rhysd1309]

Cheers guys. Well abit of a breakthrough today. I have got the plans from the council and it clearly states that it is not part of their 'highway' and is unadopted.

The only problem i have now is that it looks like a sorned the van too late! Im sure i sorted it in good time. Here are the dates stated in the DVLA file:

 

- 15/03/11 I acquire vehicle (while still taxed)

- 30/04/11 Tax Expires,

- 03/05/11 defendant made a SORN, im sure i sent in the relevant form before this? Is there a grace period?

 

Then, 28/09/11, I'm clamped, leaving a mechanically propelled vehicle on a public road whilst on a Sorn notice.

Im starting to think that if i get away with the one issue, DVLA will dig up the dirt that i apparently Sorned the car 3 days late.

 

I hate this!

[rhysd1309]

Sorry. I only read page 1 of the replies as i accessed it through my E-mail.

I can't believe how thorough everyone is, how people have put so much effort into clearing things up for me, i will make sure i keep you posted on the progress of things.

If it wasnt for this forum i would have sent my guilty plea off by know and would have probably landed a huge fine, and DVLA would have been none the wiser of how they were wrong in clamping my van in the first place.

[dx100uk]

thats what we are here foe

right or wrong

 

we help

 

dx

[crem]

The only problem i have now is that it looks like a sorned the van too late! Im sure i sorted it in good time. Here are the dates stated in the DVLA file:

 

- 15/03/11 I acquire vehicle (while still taxed)

- 30/04/11 Tax Expires,

- 03/05/11 defendant made a SORN, im sure i sent in the relevant form before this? Is there a grace period?

 

You can only SORN a vehicle from the 1st of the month, so the DVLA will need to explain how/why they managed to process a SORN on the 3rd May if in fact it was received prior to 1st May. If you did submit it late on the 3rd, they should have accepted it to be valid for 1st June and notified you accordingly, which doesn't appear to be the case.

[rhysd1309]

Thanks for all the help everyone.

 

I Won! I got my money refunded and a letter of apology. Concrete proof for further cases like this that a car is perfectly legal on a sorn notice, on an unadopted road.

 

Thanks again!

[Tony P]

Great stuff.

 

And complete the pleasure by sending a photocopy to your Solicitor reminding him of his advice as in post 10.

It will be water off a ducks back - but you will feel even better!

[huggy41]

great news.

 

[Andy77799]

Well done, happy ending!

[rhysd1309]

Great stuff.

 

And complete the pleasure by sending a photocopy to your Solicitor reminding him of his advice as in post 10.

It will be water off a ducks back - but you will feel even better!

 

That i will, nearly made me send in a guilty plea! funny thing is first time i asked she said she would double check with a colleague, oh well happy im not facing anymore fines and i thought the release fee money was well gone.

[Tony P]

That i will, nearly made me send in a guilty plea! funny thing is first time i asked she said she would double check with a colleague.

 

I hope they didn't charge you !

 

See, you got better (and free) advice on this forum than from the professionals with a brass plate on the door.

 

Not that I am involved, you may think of donating to the Site a small % of your unclamping fee that you got back.

Getting that back was not even your initial concern so it is a total windfall - your concern was getting out of the DVLA penalty which you did as well.

[old bill]

There was a similar case to this in Stroud, Glos, back in January of this year. VEAS, DVLA's contractor wandered onto a private road and clamped a SORNed vehicle. They had to make a grovelling apology to the owner of the car. They've also been at it again, more recently, in the Bristol/Bath area, seizing vehicles off motor dealers' forecourts. Muppets! I'm seriously minded to start an e-petition to get VEAS's contract terminated before the taxpayer ends up paying an arm and a leg for their incompetence. At least when DVLA did enforcement themselves, any cock-ups were put right immediately and a DVLA officer would attend your home and apologise in person for it, but that is where I live. i cannot speak for other areas. But well done, anyway.

[silverfoxcc]

deleted

Edited December 2, 2012 by silverfoxcc
added preamble

[silverfoxcc]

Bumped

I have been clamped by VEAS on friday, the difference is i is on my land and sorned. They are holding back on recovery until i prove to them it is my land. Its at the rear of my property and is shown within m boundaries on Title map supplied by Land registry

 

According to the Finance Act 2008 sect 45

I've found a couple of interesting links which suggest

that clamping on private property is, in certain circumstances,

unlawful. The first is the Finance Act 2008, which amends VERA

1994. The relevant section can be found at

Schedule 45, 5 (3): (1A) 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.

The second is a response to a 2009 FOI request to DVLA. I can't

find the original, but it's quoted at (cant post links yet)

 

Am i correct in saying that although the car was parked on private ground adjacent to my driveway, that sub part a) covers it against clamping.

 

And if so can i go after the agents (via small claims court) for damage to my car cover ( which was covering the wheels and number plates, and must have been moved in order to clamp, and also grief and distress through this illegal clamping. My son says i should also charge them for storage of the clamp as well even though it is on the car!!!

 

They want proof tomorrow it would be nice to advise them i will be going after their dangly bits

[Raykay]

It's not ownership of the land that matters, as long as it not used or kept on a public road, a SORN declaration is valid.

[silverfoxcc]

Raykay,

but what about the agency clamping company, clamping my car which, whilst it is on land that is mine, it is not marked as private property. As you can see from sect 45 para (a) they cannot clamp on private land.

 

So what is the best way to advise them i am going for the jugular

[Raykay]

They can clamp on private land, as long as it is not within the curtiledge or vicinity of a dwelling.

 

It is DVLA you need to contact, they contract out the clamping to VEAS.