DVLA Action

TheRock

I have a photo of the car clamped outside my house. I have written to the DVLA today as follows...

With reference to your letter dated the 17th February 2011. Please can you supply me with the following information before I formally respond.
1. A copy of the offence report dated 08/02/2011.
2. Photographic evidence of the alleged offence.
3. Authorisation from the road owner that you are allowed to immobilise vehicles private land.
According to the direct.gov.uk website the definition of a public road is http://www.direct.gov.uk/en/Motoring/OwningAVehicle/UntaxedVehicle/DG_069727
A public road is a road maintained at the public expense, including grass verges and ground adjoining the road.
Contact your local authority if you have any doubt about an area where you want to park your vehicle.
All vehicles that are used or kept on a public road must be taxed and must display a valid tax disc at all times.
ABC has not yet been adopted by the local authority so therefore the road is NOT a public road as it is not maintained by the local authority or tax payers money. If indeed you are saying that I am incorrect then please.
1. Supply written evidence.
2. Remove the misleading information from the direct.gov website or at least put some more information into it.
Should I not be satisfied with your response then I will formall respond indicating that I will go to court providing that you can provide AT LEAST 30 days notice. Your claim will be counter claimed with the following but not limited to.
1. My time and expense including time spent travelling preparing & any legal fees incurred.
2. Either a libel or defamation of character claim as by your offence report you are suggesting that I am not a law abiding citizen.
Should you fail to respond within 30 days then I will assume that you are unable to provide evidence and therefore unable to pursue this matter further.
NSL have also sent me a letter claiming they have acted legally. Extract from letter below.

"There have been important changes in the law where new powers were introduced in 2008 finance act that make it an offence to use or keep an un taked vehicle in off road areas unless a valid SORN is in force (I had a SORN in place on my car) The change gives authorised persons the power of entry to carry out enforcement including the wheel clamping and removal of un taxed vehicles in off road area such as private land and municple car parks, retail car parks housing association roads, unadoped roads, common land etc..."

I have a letter from the DVLA confirming my SORN.
I will also ask for a copy of the offence report from NSL.
If i contact the DVLA and tell them they have made a mistake would they just issue a correction?

Strider590

TheRock wrote: »

If i contact the DVLA and tell them they have made a mistake would they just issue a correction?

No, you'll just get a letter from Mrs P Wooley, accepting your excuse and then telling you you've committed a different offence and the fine for this will be the same as before.

TheRock

then i'll layth the smackth down on her as well......

Wig

I wouldn't bother with the letter just yet, you'll be waiting weeks to get this done by letter, I did it in 1 day (See below). There is a phone number on your letter for paying the fine.... phone them and ask them for the phone number to call if you dispute the charge. When I phoned, they were able to tell me the person who processes/issues/withdraws these fines. They were at another office (opposite side of the country) all they did [on that number] was to take payment - which is fair enough.

So I called this other person, explained myself - very similar to your own case. And asked the new person to drop the case. She said I could write in to her and gave me an address. I said, "actually I would rather if we could get this sorted out today, I can give you the phone number of RCT council highways officer who I have spoken to about this issue and he will confirm to you that they do not maintain that road." She agreed to phone him. She didn't call me back, but I called her again after an hour or so, she said she had spoken to the council officer, and agreed that this was a DVLA error, she said she had decided to write a letter of cancellation (which she would have to do anyway) rather than try to phone me back.


In your case you will have to do as above AND ask how to go about getting a refund of the clamping fee. I surmise you might be told to wait until you get your letter of cancellation, and then take that letter (or send it) to the clampers. It's possible but highly unlikely that that person you speak to might be able to refund the clamping charge.

TheRock

I have today recieved a letter from the DVLA admitting it was their mistake and no offence has been commited. So now someone owes me £100 + about £25 in petrol money for the time it took me to drive (and find) the NSL parking lot where i had to produce my tax disc. So who should i contact for the refund DVLA or NSL?
for clarity, NSL physically clamped the car they were acting on behalf of the DVLA.
many thanks to all MSE warriors

Wig

Ask them both maybe you'll get 2 refunds. But I imagine sending a copy of said letter to the clampers is the best way.

Good update BTW

TheRock

ha ha i did wonder if they would send me two refunds i'll send a letter to both and see what they have to say....