Clamped on private road

tododo

Hi all

Hope somebody can help

My uncle (a mechanic) has a tendancy for keeping a spare old car that tends to sit outside my grandmothers back garden on what we think is a private road at the back of the houses for access I assume (its not on road maps, even the google car hasnt gone down the road) anyway the car has been sorn declared and left outside my grandmothers for a while now. Today the car got clamped I think by the DVLA but not sure what for but I assume its for not having a tax disc on a public road.....im not really sure..... just wondering where my uncle stands really.......suppose it does teach him a lesson for not keeping old bangers but I guess he honestly thought it was off road

Do any regulations have to be followed when clamping, like should there be a sign saying clamping going on in area or anything?

Thanks for any advice

Optimist

No they dont have to warn you and if it is the DVLA or a authorised agent then I believe you have 24 hours to pay the release fee or the car is taken away and scrapped after 7 days

lincroft1710

The OR in SORN stands for Off Road, the vehicle has to be kept on private property, not a "road". There should be a note somewhere on the car saying who clamped it

neilmcl

lincroft1710 wrote: »

The OR in SORN stands for Off Road, the vehicle has to be kept on private property, not a "road". There should be a note somewhere on the car saying who clamped it

Isn't this the point of the thread? Surely if this is indeed a private road, the DVLA have no business in clamping the vehicle.

Having said that, personally if I had someone dump an old wreck on an access road to my property I'd be pretty miffed and would hope the owner gets everything that's coming to them.

tododo

neilmcl wrote: »

Isn't this the point of the thread? Surely if this is indeed a private road, the DVLA have no business in clamping the vehicle.

Having said that, personally if I had someone dump an old wreck on an access road to my property I'd be pretty miffed and would hope the owner gets everything that's coming to them.

Thanks guys - yeh i thinks hes learned his lesson and to be fair he always thought it was a private road and it wasnt blocking any sort of access - he did grow up there afterall - from wot ive read its best to pay up quick and argue the fact afterwards

Ive told him he has to pay the fine (£100) within 24 hrs and also possibly a deposit to tax it (£160) - lot of money to fork out - and if he doesnt do it it gets worse!!
Thanks all

4743hudsonj

Why not ring the highways department at your local council to find out if it is private?

however 95% of the time private roads have no access, no trespassing, private road etc etc sign posted.

Optimist

neilmcl wrote: »

Isn't this the point of the thread? Surely if this is indeed a private road, the DVLA have no business in clamping the vehicle.

Having said that, personally if I had someone dump an old wreck on an access road to my property I'd be pretty miffed and would hope the owner gets everything that's coming to them.

Nah the 2008 finance act changed all that.

The amendment to schedule 2a is where they changed it from the words public road to where ever the schedule doesn't apply

Basically if its on any road they can grab it !

Hintza

As suggested if it is private property he might have a chance. Some digging required.

tododo

Thanks all


Well my nan did have the land origianlly as part of her council rent - she still has the agreement somewhere in the house that Ive seen

Im going back to probably pre war days now though - anyway Im assuming the council then took the land off the residents to put access going behind about 10 houses (all council houses).....and thats where the car was parked

Ive told my uncle to pay up first and argue after cos I think my uncle is in some big money strife at the mo and dont want him to get stung more and more

Will advise him to do some digging but my guess too is that hes outta luck