Fine for parking next to a road when car was declared SORN

Berto

Ok, so this is my first post so go easy on me.

My problem is that I declared my car SORN and parked it where I thought it was OK to do so, turns out I was mistaken and I got clamped. No probs there I made a mistake and paid for it (£100 release and then an extra £160 as I did not want to re tax the car)
My problem is that I recieved a letter about a week after I had been clamped saying I had been reported on the 25/05/10 at 03:24 hrs as having a car parked on a public road when untaxed and unless I pay out of court fees of £72 I will get taken to court.
Yesterday I got a 2nd letter saying I had been reported on the 02/06/10 at 09:20 hrs as having a car parked on a public road and have to pay an out of court settlement of £93.
Can this be right?
The way I see it is that the DVLA got a report and sent out a man to clamp me (on 02/06/10) and I paid to be release, I got a fine when I was originally reported but then I got a 2nd fine as when I got clamped I got reported for that too. Why did the DVLA not send me a letter saying I had been reported, give me a fine then threaten to clamp me?
I thought the car was ok where i was but because I made a simple mistake it looks like it will end up costing me £325.
It was very clear that the car was not being used as it has 2 flat tires and spiders webs all over it so is there anything I should do or say when I ring the DVLA?

Thanks

Rob

jimbms

If your car was on a road, alleyway or pavement that is deemed inder the highways act as an adopted highway then it must be taxed, as a general rule if your car is declaired off the road then you should park it on private property. It is not up to the DVLA to show you where to park it or even to check locations for you, it is your duty and as such they are within their right to fine you should you fail to do this.

Berto

Im sorry but I may not had made myself very clear in my query.

My point is basically I got clamped and fined then fined again. I understand I made a mistake but I am paying 3 times in effect for 1 mistake. Does this seem fair/right for a simple mistake especially when the 2nd fine was a result of the man they sent out to clamp my car (that they already knew was parked incorrectly) reporting my car. And why dont the DVLA send you a letter saying the car has been seen before clamping the car?

sebdangerfield

Unfortunately, the part where your vehicle is clamped and towed is not the fine. What you paid id the fee to recover your car. The fine is what you received later.

For reference, the definition for a road when it comes to vehicle excise duty differes from the definition of a road in other aspects of law. A road for the purposes of VED is 'a road reparable at public expence' and is basically building line to building line so pavements and verges are normally included.

Hope you get it sorted.

Berto

Well I spoke to the DVLA and the lady was lovely, she suggested I write in explaining my case and they will have a look into it. She explained that once the car had been spotted, then they send someone else out and if spotted again they clamp the car, but they do not tell the owner of this and then they send out a fine for each time the car is spotted. So she said to write in and explain my case so that is what i'm going to do