Mr_Bo11ox Posted March 23, 2010 Posted March 23, 2010 Hey the DVLA clamper wagon came to my works car park today and clamped half a dozen cars for no tax!!!I was surprised at this, as the car park is private land, so I suspect they have no right whatsoever to clamp stuff and threaten to take it away.In the past, a few cars have been abandoned on the car park and eventually my work have rung the council, who have stuck notices on them, and if they havent then got shifted by the owners, the council have removed them after a fashion.I think the same thing has happened here, except that this time, its not the council its the DVLA who are of course asking for large sums of money etc to remove clamps, then theyll want you to pay the back tax etc.Fortunately I dont have any untaxed cars on the car park so no problem for me. But, I recently stored my Integra on there for a couple of weeks until the new owner was ready to take it away, so it could have happened to me.Does anyone know what the legal position is here? The land is DEFO privately owned, non-public thouroughfare etc so if I had been clamped I would have been hopping mad!!! Theres no way the DVLA can have you for being untaxed on it, however these cars defo have clamps on em now so someone is in this unenviable situation.BTW in all cases these are cars that have been 'left' on the car park for a while and the tax expired, its not a case of folk driving to and from work every day in an untaxed vehicle.Any thoughts?
trigger Posted March 23, 2010 Posted March 23, 2010 I can't help but i agree that it sounds dodgy, A car in a private car park doesn't need to be taxed as it's not on the road.Are you sure that they were 100% the DVLA and not some cowboy outfit trying to cash in?.
Cavcraft Posted March 23, 2010 Posted March 23, 2010 I believe it depends on SORN. If they're not on the list the Decomposed Vagina Lickers Association can come up your drive and slap clamps on if they desire.
Lankytim Posted March 23, 2010 Posted March 23, 2010 IIRC the law was changed regarding private car parks meaning that they become classed as part of the public highway if the public has easy access. It was done to give the police powers to move on car Kroozes from Mcdonalds/B&Q/P.C world car parks. Is there security at the gates to the car park? If so the DOOVLA shouldnt have been given access. It does seem like a dirty trick, as to most people an untaxed car is not on the public highway if its on a works car-park! Maybe the cars were not sorned?
Volksy Posted March 23, 2010 Posted March 23, 2010 Yep, pre sorn, I sucessfully argued my way out of fines etc as cars were on private land, however, if they have been invited on to the land to clamp/remove untaxed/unsorned vehicles I think that they are entitled to. Would be a different story if the owners of the vehicles owned the land as well. Think it's as these days it's an offence to own an untaxed/unsorned vehicle, rather than when it used to be an offence to use/store it on the highway.
Lankytim Posted March 23, 2010 Posted March 23, 2010 Humm, if they are scrappers maybe avoid the fine by weighing them in? With the clamps still attatched, of course. "Clamp, what clamp? Eh? What car? ;)"
Station Posted March 23, 2010 Posted March 23, 2010 I'd promptly break the law and arrive later on with my dad's petrol angle grinder.This is a law that's so fucking stupid and restrictive, it deserves to be broken. Then launch the cut clamp through the DVLA's window in Swansea.
Guest Tony Hayers Posted March 23, 2010 Posted March 23, 2010 I'd promptly break the law and arrive later on with my dad's petrol angle grinder.This is a law that's so fucking stupid and restrictive, it deserves to be broken. Then launch the cut clamp through the DVLA's window in Swansea.+ 1000000000000000000000000
dieselnutjob Posted March 23, 2010 Posted March 23, 2010 I've always wondered. You know you see little signs in pub carparks and the like warning "unauthorised vehicles will be clamped", well, if I put a little sign on each wheel saying "unauthorised clamps will be forcibly removed", does my sign carry the same authority as their sign?
Lankytim Posted March 23, 2010 Posted March 23, 2010 I've always wondered. You know you see little signs in pub carparks and the like warning "unauthorised vehicles will be clamped", well, if I put a little sign on each wheel saying "unauthorised clamps will be forcibly removed", does my sign carry the same authority as their sign?Yes. You could also charge them for you time. Its all about making a "contract" apparently.
Rusty Pelican Posted March 23, 2010 Posted March 23, 2010 This " private land " thing gets my goat , yonks ago my car was rear ended rather badly in a public car park , A slight slanging match started whereapon a copper arrived , Bloke who drove into me ( nearly put rear ended me ) had no insurance and no licence so the Copper said he could do nout as long as the bloke didnt drive out the car park , My reply which nearly got me a night in the cellsIn that case how the fuck did this twat get the car TO the car park , Fucking fly , laws an ass , You coppers are fucking useless .blah blah blah . Not my finest hour its got to be said .
Lankytim Posted March 23, 2010 Posted March 23, 2010 RP, thanks to this recent law change (which was probably 10 yeas ago now) the rozzers can now do someone who is driving round without insurance e.t.c in a private car park as if they were on a public road. The key aspect is if the public has easy access or not. I.E pub car park/supermarket e.t.c
Rusty Pelican Posted March 23, 2010 Posted March 23, 2010 RP, thanks to this recent law change (which was probably 10 yeas ago now) the rozzers can now do someone who is driving round without insurance e.t.c in a private car park as if they were on a public road. The key aspect is if the public has easy access or not. I.E pub car park/supermarket e.t.cAt last some common sence , My insident was at least 15 years ago , Apparently it could have been possible that someone else drove it there for him , Yeh right and im gods second cousin then
lancashireclamper Posted March 23, 2010 Posted March 23, 2010 I've always wondered. You know you see little signs in pub carparks and the like warning "unauthorised vehicles will be clamped", well, if I put a little sign on each wheel saying "unauthorised clamps will be forcibly removed", does my sign carry the same authority as their sign?These hand scrawled 'clamping in operation' signs are totally unenforceable, Warning signs MUST have a company name, contact phone no and release fee clearly displayed and be visible from any space a vehicle could park in.Does seem ludicrous that you can't keep your own vehicle on private land with the owners consent anymore, if its not the pikey's lifting them its the bloody DVLA!
Father Ted Posted March 23, 2010 Posted March 23, 2010 IIRC the law was changed regarding private car parks meaning that they become classed as part of the public highway if the public has easy access. It was done to give the police powers to move on car Kroozes from Mcdonalds/B&Q/P.C world car parks. Had the same problem at work - the visitors car park despite being classed as private land, down a private road, is accessible by the public and the police regularly patrol and ticket cars / call the local lifting wagon and take uninsured ones away.Staff park on there because its not as far to walk as the behind secure barriers staff car park. So staff get done now and again too.
dieselnutjob Posted March 23, 2010 Posted March 23, 2010 okay, so I add a phone number and a "clamp repatriation fee" to my wheel sign.
meggersdog Posted March 23, 2010 Posted March 23, 2010 I keep cars on private land.Many are untaxed but the gate is padlocked so no public access.Then again most came from car auctions so the trade slip will have been sent off so no need to SORN (hopefully).
CortinaDave Posted March 23, 2010 Posted March 23, 2010 they potentially could be clamped if they hadnt been declared SORN, regardless of where they were kept.The non gated property thing is a bit of a worry, does that mean that I could get huckled for having my SORNed Cortina sat in my driveway, since there isnt a gate on it?I remember a year or so back a mate of mine got away with a fine after his car was reported for having no tax sat in a cul de sac.. he called the council who sent him the paperwork to prove it was an unadopted road and therefore classed as off road parking, and the DVLA went away.Amusingly enough the street in question is called Sorn Green.
Torsten2001 Posted March 23, 2010 Posted March 23, 2010 My blue Horizon was clamped in a private space, in a private car park down a private road for no tax, I was in Italy when it happened and had to cough up, I can only sum up the experience by the word Cunts
Father Ted Posted March 23, 2010 Posted March 23, 2010 It is a SIA requirement that a landowner must not clamp your vehicle if:it displays a valid disabled badgeInteresting..... I feel some illegal parking coming on
meggersdog Posted March 23, 2010 Posted March 23, 2010 If the car is SORNed and on your drive you should be ok.There is an exemption for trade regarding SORN otherwise every sales forecourt would need to tax or SORN their entire stock.The trade slip at the top of the V5 has to be sent off to the DVLA though.My cars are either on the drive or on hard standing at the back of my mate's field behind a row of trees so hard to see.It's supposed to be agricultural land which is why we lock the gates.So well hidden infact that my mate was in the top half of the field all afternoon and didn't notice the Transit van I had parked up this morning.
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