DVLA right or wrong?

[Deleted User]

No mention of DVLA or commercial premises here, but it appears that you can ask for free.
(Free advice being worth what you pay for it, of course.)

It seems to me that it ought to be your employers job to answer this for you.

perjubs

jack_pott wrote: »

No mention of DVLA or commercial premises here, but it appears that you can ask for free.
(Free advice being worth what you pay for it, of course.)

Thanks for that, I found something similar on a .gov website that said the DVLA couldnt do anything if it was on a privately owned drive way but they could if it was public access, which I think is what the DVLA is trying to claim in this situation because yes the public can come on site but there are parts of the site they cannot access and parts they can once they are on. So it's a really grey area and Im trying to find out what is what.

DUTR

perjubs wrote: »

This is the point you are missing apparently, the vehicle was SORN'd as far as the owner knew he was obiding by the law by having it off the road and declaring at as such. He got clamped because someone parked next to him because that is how the land is divided.

So this isnt about trying to screw the system and win against the odds, this is about someone doing what the law says they should and the DVLA coming on and declaring the area to be a public car park when it isnt, for the simple reason that a car was parked on what is by deed a seperately owned piece of land.

And the DVLA are coming on every three months, I didnt mention that in my original post I know, but the same guy working for them comes on every three months and asks to look around. The first time he did it he found another SORND vehicle and the owner of that vehicle is now getting taken to court because the DVLA guy claims it was parked on the main road outside. So clearly the guy doing the clamping is taking the mick and going over the top for whatever reason.

Which is why I want to know, can I just tell him to !!!!!! off next time he comes, or can he legally demand access.

I have read the post, to me, why prevent the guy doing his job, just as he is not preventing you doing yours. If the vehicle was sorn'd then the owner can take it up with the DVLA, after all, you are not getting paid any extra. Sometimes you can show care by not caring.

[Deleted User]

DUTR wrote: »

why prevent the guy doing his job, just as he is not preventing you doing yours.

This is just begging the question.

Rover_Driver

The legislation covering clamping of unlicensed vehicles is Sch. 2A, Vehicles Excise & Registration Act 1994, as amended by Sch. 45, Finance Act 2008, and s.5, The Vehicles Excise Duty (Immobilisation, Removal and Disposal) Regulations 1997.


Which would give an authorised person the authority to enter the land to clamp an unlicensed vehicle. It doesn't mention the authority to enter the land just to check for unlicensed vehicles.

Nodding_Donkey

The simple answer is, ask your employer whether to let him in or not.

He certainly doesn't have the right of access that a warranted customs officer has whatever delusions he is under.

perjubs

DUTR wrote: »

I have read the post, to me, why prevent the guy doing his job, just as he is not preventing you doing yours.

I really couldn't agree more, which is why I have let him on many times before when there hasnt been a problem. But twice now he has clamped two people who have done nothing wrong, all because he does not understand how the site works and believes himself to be above the law. As I said in the OP, I let him on in the interest of cooperation and making sure that everyone on site is keeping out of trouble, it should in theory make my life easier. But as he is not doing his job correctly he is causing me and people I count as friends trouble and grief, why should I continue to let him do this if there is a way to stop him? If you could help a friend would you just say "no, sorry mate you're on your own, it's nothing to do with me?" just because you're not directly involved? If so I think you need to reevaluate what it means to be a friend. If someone came to your place of work and caused trouble for you without good reason, would you simple tolerate it and let them do it every three months?

Im not doing this to stick my nose in where it isn't needed, Im not trying to help people break the law and Im not trying to overstep my duty as a security guard. At the end of the day Im just trying to get some advice for a friend and educate myself whilst ensuring a fair and just outcome for everyone involved. I really dont understand why people can't just leave me to do that without giving me a hard time about it. If you don't agree, never come back to this post and stop with the trolltastic posts.

DUTR

perjubs wrote: »

I really couldn't agree more, which is why I have let him on many times before when there hasnt been a problem. But twice now he has clamped two people who have done nothing wrong, all because he does not understand how the site works and believes himself to be above the law. As I said in the OP, I let him on in the interest of cooperation and making sure that everyone on site is keeping out of trouble, it should in theory make my life easier. But as he is not doing his job correctly he is causing me and people I count as friends trouble and grief, why should I continue to let him do this if there is a way to stop him? If you could help a friend would you just say "no, sorry mate you're on your own, it's nothing to do with me?" just because you're not directly involved? If so I think you need to reevaluate what it means to be a friend. If someone came to your place of work and caused trouble for you without good reason, would you simple tolerate it and let them do it every three months?

Im not doing this to stick my nose in where it isn't needed, Im not trying to help people break the law and Im not trying to overstep my duty as a security guard. At the end of the day Im just trying to get some advice for a friend and educate myself whilst ensuring a fair and just outcome for everyone involved. I really dont understand why people can't just leave me to do that without giving me a hard time about it. If you don't agree, never come back to this post and stop with the trolltastic posts.

I don't know if you mean me? :eek:
Personally, the friend could be seeking the advice himself, it complicates things by how you fit into the episode.
A SG role isn't to mediate the situation presented to you, or to even put youself at any risk.

Paperbird

It's private land so as long as it is not maintained by the council a SORNed car can be kept there. Public access has nothing to do with it.
I don't know if you can deny him access but a phonecall to the local pound that he will be working from pointing out it is private land and not public highway or council adopted land should get him sent back to remove the clamp.

DUTR

[QUOTE=Paperbird;66538050]It's private land so as long as it is not maintained by the council a SORNed car can be kept there. Public access has nothing to do with it.
I don't know if you can deny him access but a phonecall to the local pound that he will be working from pointing out it is private land and not public highway or council adopted land should get him sent back to remove the clamp.[/QUOTE]

I'm not sure that is totally correct, as if the vehicle was illegally clamped, then it would be removed FOC, I know down the road from me, there was a newish Astra and the one day walking past there was a big sticker on the car saying not taxed and it was clamped whilst on the guy's drive. Places like supermarket car parks are public places during store opening hours. Also it depends who owns the industrial estate it could be local authority.