Sorned and clamped

jempeas

Hello,

I got a new car (new for me anyways) last summer when my Punto died. I Sorned the Punto, reclaimed the tax and kept it on the grass at the back of our house where all the other people who live in our terrace parks their cars. I assumed that this was considered "off the road". The idea was to fix it up and give it to my girlfriend for a cheap run around. However fast forward to today and unfortunately it's still there albeit with a big yellow triangle attached to the wheel.

Now I've been meaning to scrap it since Feb/Mar as my dad and I decided that it would be too costly to fully repair however I'm not paying hundreds of pounds to free it so I can then scrap it and so I'm not really fussed if they impound it and destroy it (although I will be sad to see it go) however I just wanted to ask what would be the best way to go about this and if I could incur any fines?

Also in the process of researching DVLA wheel clamping I came across this link in another thread

Oh, well as a new user I can't put a link in. Well the doc is called

EXPLANATORY MEMORANDUM TO
THE VEHICLE EXCISE DUTY (IMMOBILISATION, REMOVAL AND
DISPOSAL OF VEHICLES) (AMENDMENT) REGULATIONS 2008

and it can be found on the legislation.gov site.

If you skip to 7.2 you get...

7.2 If the current keeper of an unlicensed vehicle is not properly recorded on the DVLA register the only recourse is to clamp or impound the vehicle. The policy intention is to prevent evaders of vehicle excise duty from using off-road areas such as unadopted roads, commons, public car parks or roads maintained by Housing Associations to place themselves beyond the reach of the enforcement authorities.

It then goes on to say in 7.3

7.3 As these areas are off the public road it will still be possible to make a Statutory Off Road Notification (SORN) instead of licensing. This measure will therefore force those who are not properly registered with DVLA to submit their details either through licensing or making a SORN.

So in my eyes I think I'm in the right. I Sorned the vehicle and kept it on common land off the road right?

My father was home at the time and put across the argument that because the car was off the road it shouldn't be clamped. The guy said that it was on the road and that he was only doing his job. I've had a look at the leaflet which was left under the windscreen wiper and no where does it give an appeals procedure other than to contact the vehicle pound which seems a little biased. In fact it seems the leaflet is more about "ways to pay".

Any ideas comments would be welcome. Thanks in advance.

ILW

Common land is not "off the road". It would need to be on private land for SORN.

jempeas

As these areas are off the public road it will still be possible to make a Statutory Off Road Notification (SORN) instead of licensing.

Does this not relate to me then?

TrickyWicky

If its public grass on the roadside its still classed as part of the highway under the RTA.

If it was an unadopted road (eg not publicly owned / maintained) then thats different - it can still belong to a council / housing authority privately but be unadopted (slight brain bender there lol).

As you haven't really given clear details of yor parking (other than round the back on the grass) there isn't much we can do or say to help you.

jempeas

Okay that makes sense and it seems I've been in the wrong which is fine. Speaking of fines can I allow them to remove the car and in the process do me a favour?

Stroma

You would still need to pay whatever is needed to remove the clamp, though that is normally when you show you've taxed the car, I think ? Tricky would know I think. Which leads to the next one, how can you tact the car if it has no mot ? Also you can get some of your money back by scrapping the car, they can pay something for that.

Rover_Driver

TrickyWicky wrote: »

If its public grass on the roadside its still classed as part of the highway under the RTA.

It would depend on the status of the land, the Vehicles Excise & Registration Act 1994 requirement for a SORN declaration is that the vehicle is not used or kept on a public road - a road maintainable at public expense - not necessarily a highway under the Road Traffic Act.

hoohoo

Rover_Driver wrote: »

It would depend on the status of the land, the Vehicles Excise & Registration Act 1994 requirement for a SORN declaration is that the vehicle is not used or kept on a public road - a road maintainable at public expense - not necessarily a highway under the Road Traffic Act.

You therefore need to check with the council the status of the 'whatever' at the back of your terrace. If it's not a public road, then you okay. If it is public, you are probably not ok because the grass will probably still be classed as part of the road.